HomeMy WebLinkAboutDocumentation_Regular_Tab 07_05/14/2009VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
5/14/09 Meeting Type: Regular Ordinance #: Click here to enter text.
Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Village Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval of Hold Harmless Agreement between the Village of Tequesta and Pat and Emmett
Sands - 383 Franklin Road -Attorney Trela White
3. BUDGET /FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
L.!~... _, r ~ c,. ~t~;_ !r kT CiICk 11E fc~ #~ `.~~~F;r tc'Xr
Budget Transfer Required: Choose an Appropriate Fund Balance:noose an item.
I?E .
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The Village owns and maintains an irrigation system electrical panel which encroaches 0.07 feet onto private
property located at 383 Franklin Road. The use and maintenance of system requires Village personnel to
enter onto property from time to time. This agreement indemnifies and holds harmless the Sands from any
claims, losses, demands or causes of action that could be sustained as a result of or emanating out of the
current encroachment.
5. AF'F'KUVALS:
Dept. Heado~ll~~ v Finance Director: ^ Reviewed for Financial
iciency
o Financial Impact
Attorney: (for legal sufficiency) Yes ^ No ^
Village Manager: ~-~'"~ __-~
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ^
DENY ITEM: ^
ATTORNEYS AT LAW
~~1~~111 Hypoluxo Road, Suite 207
JOHN CORBETT TELEPHONE (561) 586-7116
TRELA 1. WHITE TELECOPIER (561) 586-9611
BRADLEY W. BIGGS*^
KEITH W. DAVIS*
R. MAX LOHMAN * Board Certified in City, County and Local Government Law
MICHAEL B. STEINBAUM ^ State Certified County and Circuit Court Mediator
MEMORANDUM
TO: Mayor Watkins, Vice Mayor Paterno, Council Members and
Michael Couzzo, Village Manager
CC: Lori McWilliams, CMC, Village Clerk
FROM: Keith W. Davis, Esq.
DATE: May 5, 2009
RE: Hold Harmless and Indemnification Agreement
The Hold harmless Agreement between the Village and Pat & Emmett Sands is before
the Village Council for approval. It was brought to the attention of the Village that the property
located at 383 Franklin Road is being encroached upon by a Village owned irrigation system
electrical panel. The encroachment is minor (0.07 feet past the property line) however, Mr. and
Mrs. Sands, the contract purchasers, requested that the Village indemnify and hold them
harmless for any cause of action that would arise as a result of the Village's equipment
encroaching onto their property.
The Hold Harmless Agreement simply acknowledges that the use and maintenance of the
equipment, as well as any cause of action that could arise based on such use and maintenance, is
the responsibility of the Village, not the Sands'
Y:\docs\TequestaU.etters & MemosUlay 2009 Agenda Items Memo 2
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PROFESSIONAL ASSOCIATION
JOHN W. GARY, III
JAMES H. RYAN
DONALD R. BICKNELL, JR.
LAWRENCE W. SMITH
ALYS NAGLER DANIELS
PETER M. ARMOLD
GREGORY C. PICKEN
RICHARD G. DYTRYCH
1925 - 1996
701 U.S. HIGHWAY ONE, SUITE 402
NORTH PALM BEACH, FLORIDA 33408
TELEPHONE (561)-844-3700
FAX (561)-844-2388
May 1, 2009
Keith W. Davis, Esquire
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462
RE: Sands -Village of Tequesta
Hold Harmless Agreement
Dear Mr. Davis:
Pursuant to your email request to Jim Ryan, enclosed is the original Hold Harmless Agreement
which has been executed by the Sands.
Very truly yours,
GARY, DYTRYCH & RYAN, P.A.
encls.
~.>, ~
Leesa C. Ray
Real Estate Legal Asst. to James H. Ryan
~IAY - 4 2009
CORBETT AND W~TE~ P.A.
HOLD HARMLESS AND INDEMNITY AGREEMENT
THIS AGREEMENT made this 14a' Day of May, 2009 between the Village of Tequesta, a municipal
corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, herein referred to as the
VILLAGE, and Pat & Emmett Sands, as husband and wife, whose address is 383 Franklin Road, Tequesta, Florida
33469, herein referred to as SANDS.
Whereas, the VILLAGE owns and maintains an irrigation system electrical panel which encroaches 0.07
feet onto private property located at 383 Franklin Road, Tequesta, Florida, herein referred to as the PROPERTY,
said encroachment being depicted on the survey attached hereto as Exhibit "A"; and
Whereas, SANDS owns said PROPERTY; and
Whereas, the use and maintenance of said irrigation system electrical panel requires VILLAGE personnel
to enter onto the PROPERTY from time to time; and
Whereas, both the VILLAGE and SANDS acknowledge and agree that the relocation of said irrigation
system electrical panel to a position completely off of the PROPERTY such that the use and maintenance of said
irrigation system electrical panel would no longer require VILLAGE personnel to enter onto the PROPERTY is
impractical at this time.
Now Therefore, in consideration of the mutual covenants contained herein, the receipt and sufficiency of
which are hereby acknowledged, the VILLAGE agrees to the extent permitted by law, to indemnify and hold
harmless SANDS from and against any claims, losses, demands or causes of action whatsoever in kind or nature that
SANDS may or could sustain as a result of or emanating out of the current encroachment by the VILLAGE'S
irrigation system electrical panel onto the PROPERTY as described herein, or from the VILLAGE'S personnel
entering onto the PROPERTY for purposes of use and maintenance of said irrigation system electrical panel that
may result from the VILLAGE personnel's negligence or willful misconduct. It is further agreed and understood
that the use and maintenance of said irrigation system electrical panel is at the sole risk of the VILLAGE, and that
SANDS shall not be responsible for damage or injury to the VILLAGE'S property or personnel that may arise from
the location or the use and maintenance of said irrigation system electrical panel.
This Hold Harmless and Indemnity Agreement shall commence on May 14, 2009, and shall continue in full
force so long as the use and maintenance of said irrigation system electrical panel requires VILLAGE personnel to
enter onto the PROPERTY. This Hold Harmless and Indemnity Agreement shall automatically terminate at such
time as said irrigation system electrical panel maybe relocated completely off of the PROPERTY by the VILLAGE
such that it is no longer necessary for VILLAGE personnel to enter onto the PROPERTY in order to use or maintain
said irrigation system electrical panel.
This Agreement may be executed in multiple original copies, each of which shall be considered an original
document.
written.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
PAT & E ETT SANDS
By. . .
and
By:
VILLAGE OF TEQUESTA
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