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HomeMy WebLinkAboutAgreement_General_9/24/2020_Bonded LightningVILLAGE OF TEQUESTA AGREEMENT FOR LIGHTNING PROTECTION SYSTEM INSTALLATION THIS AGREEMEN'r FOR LIGHTNING PROTECTION SYSTEM INSTALLATION is entered into and effective thisdy day of September, 2020 (the "Effective Date"), by and between the VILLAGE OF TEQU ESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and BONDED LIGHTNING PROTECTION SYSTEMS, INC., a Florida corporation with offices located at 2080 W Indiantown Road, Suite 100, Jupiter, FL 33458, hereinafter the "Donor" and collectively with the Village, the "Parties". RECITALS WHEREAS, the Village of'1 equesta operates a Public Safety Building within the Village located at 357 Tequesta Drive, 7 equesta. Florida 33469; and WHEREAS, to protect the Tequesta Public Safety Building's physical plant, as well as its operations and critical data infrastructure, the Donor desires to donate to the Village a lightning protection system for use by the Village at the Tequesta Public Safety Building and the Village desires to accept same from the Donor ("Donation"); and WHEREAS, the Parties desire to set forth the terms and conditions of the Donation in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. The Donation: The Donor agrees to donate to the Village, and the Village agrees to accept from the Donor, a lightning protection system to protect the Tequesta Public Safety Building's physical plant and its operations and critical data infrastructure, as more particularly described in Exhibit "A" attached hereto. The Donor shall provide all materials in connection with the Donation and shall provide all installation services related to the Donation. 'there are no conditions associated with this Donation. 2. Value of Donation: The Parties agree that a reasonable estimate of the total value of the Donation is as set forth in Exhibit "A". If the Donor elects to claim tax benefits associated with the Donation, the Village agrees, upon request, to provide Donor reasonable written Page 1 verification of the Village's receipt of the Donation and the value thereof; provided, that the Village makes no representations, warranties or guarantees relating to the tax implications of such Donation. 3. Maintenance and Inspection: The Donor and the Village agree that the Donor shall have no maintenance obligations associated with the Donation, unless the Donation incurs damage caused by lightning, hurricane, or some other unforeseen event. The Donor and the Village also agree that the Donor shall perform an inspection of the Donation once every three (3) years at no cost to the Village. 4. Choice of Lasv and Venue: Iitis 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 %ith regard to this Agreement. 5. Binding Effect: This Agreement is binding on the Village, the Donor, and their respective successors. assigns, and legal representatives. b. Assignments: This Agreement shall not be assigned without the express written consent of both Parties. 7. Notices: Notice as required in the Agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the lbllowing addresses: Village Donor Village ofTcquesta Bonded Lightning Protection Systems, Inc. 345 Tequesta Drive 2080 W Indianlown Road, Suite 100 Tequesta, FL 33469 Jupiter, FL 33458 Attn: Doug Chambers, Public Works Attn: Michael Dillon, Vice President H. Entire Agreement: This three (3) page Agreement and Exhibit "A" constitute the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both Parties and attached hereto as an addendum to this Agreement. Page 2 IN WITNESS WHEREOF, die parties hereto have executed this Agreement on the date and year first above written. WITNESSES: A _ j ATULST: A'n -, M t 1 Lori McWilitams, MMC �^ Village Clerk BONDED LIGHTNING PROTECTION SYSTEMS, INC. B : Mlic iael Dillon, Vice President (Corporate Scal) VILLAGE OF TEQUESTA Iiy: rcmer v SEAL INCORPORATED Page 3 Fxh&14 A 3ONDED May 8, 2020 Bonded Lightning Protection was founded in Florida in 1 y7 3. [ami]\ o�yned and operated. we serge commercial and residential propertm owners in Florida, the Caribbean and across the southeast, through offices in Jupiter, Florida. Tampa, and Tallahassee. The lightning protection s\ stem Bonded �yishes to donate is a comprehensive Commercial system, dedicated to the Teyuesta Public Safety Facility. At a retail Cost of approximately S10,000.00, the system meets or exceeds all national standards, including Natlonal Fire Protection :association (`yFP.a") 780, Lightning Protection Institute c-L.PI") 175, and IT 96A. I he system begins as a comprehensive CAD drawing, addressing all applicable code. Our engineer designers are Lightning Protection Institute (1-PI-)-certified Master Designer Installers. We use onl\ aualit\ manufactured materials. Testament to our )�york in Florida, our projects include: Dolphins Hard Rock Stadium Seminole Hard Rock I niyersity of Miami The School Districts of Palm Beach, Broward, and `liami-Dade Counties The Benjamin School `larlins Park Roger Dean Stadium Village of Teyuesta'A titer Treatment Facility Jupiter Medical Center If you wish to move mikeji bondedli.ghtnmg.com Very truly yours, for yard, please reach me at 561-746-4336 or BONDED LIGHTNING PROTECTION Michael Dillon Vice President P: 561.746.4336 1 F: 561.7478233 1 2080 W. Indiantown Road, Suite 100, Jupiter, FL 33458 P: 813.530.0020 1 333 N. Falkenburg Road, Unit D-401, Tampa, FL 33619 P: 850.765.8633 1 1505 Capital Circle NW, Unit B, Tallahassee. FL 32303 1