HomeMy WebLinkAboutDocumentation_Regular_Tab 17_11/15/2021Agenda Item #17.
Regular Council
STAFF MEMO
Meeting: Regular Council - Nov 15 2021
Staff Contact: Doug Chambers, Director of
Public Works
Department: Public Works
in
Approve Donation Agreement Between the Village of Tequesta and Thomas Sblendorio for Crushed
Rock
Donation Agreement for Crushed Rock
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Please review for approval Donation for Crushed Rock
2021.11.1 Donation Agreement for Crushed Rock
Nov 2021 Crushed Rock Donation Comp Analysis.ada
Page 280 of 433
Agenda Item #17.
VILLAGE OF TEQUESTA
DONATION AGREEMENT FOR CRUSHED ROCK
THIS DONATION AGREEMENT FOR CRUSHED ROCK (the
"Agreement") is entered into and effective this day of October, 2021 (the "Effective
Date"), by and between the V I L L A G E O F T E Q U E S. TA, 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 THOMAS
SBLENDORIO, an individual with an address of 12 El Portal Drive, Tequesta, Florida, 33469,
hereinafter the "Donor" and collectively with the Village, the "Parties".
RECITALS
WHEREAS, the Donor desires to donate to the Village certain crushed rock at no cost to
the Village, and the Village desires to accept same from the Donor (the "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:
1. The Donation: The Donor agrees to donate to the Village, and the Village agrees
to accept from the Donor, certain crushed rock at no cost to the Village and as may be more
particularly described in Exhibit "A" attached hereto. This Donation is made in accordance with
Village Resolution No. 59-19 which is hereby incorporated by reference. In providing the
Donation, the Donor shall satisfy all applicable federal, state, and local laws and regulations.
2. Quality of Work: The Donor agrees that all services, labor, and materials
associated with the Donation will be of good and professional quality. The Village Manager, in his
discretion, may make a final acceptance inspection of the Donation when completed and finished
in all respects.
3. Maintenance and Inspection: The Donor and the Village agree that there shall be
no maintenance obligations associated with the Donation, by either party. The Donor and the
Village also agree that the Donor shall not be responsible for inspecting, repairing, or replacing
any future defects associated with the Donation.
4. Insurance: If requested by the Village, the Donor agrees to maintain and keep in
force appropriate insurance policies against claims for injuries to person (including death) or
damage to property arising out of or in connection with the planning, transportation, or execution
Page 1
Page 281 of 433
Agenda Item #17.
of the Donation by Donor, its officers, employees, subcontractors and agents, in amounts that are
satisfactory to the Village. Upon request, Donor shall provide evidence of such insurance to the
Village.
5. Indemnification and Hold Harmless by Donor: The Donor agrees, at all times
during the Donation, to indemnify, defend and hold harmless the Village, its officers, agents,
servants, and employees, from and against any claims, liabilities, judgments, expenses, loses,
costs, fines, damages, including attorneys' fees, and causes of action of whatsoever kind or nature,
arising out of or in any way resulting from the Donor's or Donor's officers', agents', employees'
and subcontractors' provision of labor, services, equipment, or materials related to the Donation
and all efforts undertaken by the Village to obtain the Donation from Donor's property. The Parties
agree that Village Public works staff will need to drive a front-end loader on Donor's property to
remove the Donation from the driveway. Village Public works staff agrees to use caution in
obtaining the Donation from Donor's property; however, both Parties agree that the Village, its
officers, agents, servants, and employees, shall not be liability for any track marks, depressions or
other damage cause to Donor's driveway or property during the process of removing the Donation
from Donor's property. Both Parties further agree that after Village Public Works staff removes
the Donation from Donor's property, Donor shall solely be responsible for remediating the area
under the crushed rock to its original condition. Nothing contained in this provision shall be
construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign
immunity beyond the waiver provided in Section 768.28, Florida Statutes.
6. Choice of Law and 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.
7, Bindiniz Effect: This Agreement is binding on the Village, the Donor, and their
respective successors, assigns, and legal representatives.
8. Assignments: This Agreement shall not be assigned without the express written
consent of both Parties.
9. 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 following
addresses:
Page 2
Page 282 of 433
Agenda Item #17.
Village
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Attn: Jeremy Allen, Village Manager
Donor
Thomas Sblendorio
12 El Portal Drive
Tequesta, Florida, 33469
10. 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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES:
ATTEST:
Lori McWilliams, MMC
Village Clerk
THOMAS SBLENDORIO
L
By: T6mas Sblendorio, as Individual
VILLAGE OF TEQUESTA
By: Frank D'Ambra, Mayor
(Seal)
Page 3
Page 283 of 433
Oil
f e°
_.
g
�. _.:.
-Tk
9j'j
I
tia+�y-' i � 4 it - r"•' „-, � I
& I may" pot
�•� "y �_L'IF�� ems' F,�k1 � !+
1
�la
--
x,
• .,.-.., - ,.-. __ ., ;�-° `- ".. a .�. a.. '-:^- :�.-. -
r
f -
{
Agenda Item #17.
Village
345 Tequesta Drive
Tequesta, FL 33469
To: Jeremy Allen, Village Manager
of Tequesta
v'6t OF tip ��
r
From: Doug Chambers, Public Works Director
Date: November 1, 2021
Subject: Crushed Rock Donation
561-768-0700
www.tequesta.org
The following agenda item references a Residents offer to donate crushed rock to the Village.
Mr. Thomas Sblendorio, residing at 12 El Portal Drive Tequesta Florida, has offered to donate
approximately 1.5 yards of crushed rock.
The crushed rock is leftover from the resident's home project. The Village would be responsible for
picking up the rock from the resident driveway. The Public Works Department could utilize the rock for
road or sidewalk repairs. It is at the Village Councils discretion to accept this donation from Mr.
Sblendorio.
Doug Chambers
Director
Department of Public Works
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon
Council Member Bruce Prince Council Member Molly Young
Village Manager Jeremy Allen
Page 285 of 433