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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_4/14/2022Agenda Item #8. Regular Council STAFF MEMO Meeting: Regular Council - Apr 14 2022 Staff Contact: Gus Medina, Police Chief Department: Police Approval for Two Separate Contracts, Allowing the Tequesta Police Department to Dock Marine One at Two Privately Owned Boat Docks During the Brightline Railroad Repair Work. This agenda item is to approve two separate contracts allowing the Tequesta Police Department to dock Marine One at two privately owned boat docks. The first docks is located at a private residence, 36 Tradewinds Circle, and the second dock is located at 478 Tequesta Drive, Whitehall Condominiums. There is no cost associated with these contracts. 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. BUDGETED AMOUNT: NA AVAILABLE AMOUNT: NA EXPENDITURE AMOUNT: NA Additional Budgetary Information: Funding Source(s): NA NA Recommend to pass 478 Tequesta Drive 36 Tradewinds Circle Page 248 of 501 Agenda Item #8. VILLAGE OF TEOUESTA TEMPORARY BOAT SLIP LICENSE AGREEMENT This Temporary Boat Slip License Agreement ("the License Agreement"), is entered into and is effective as of the 7 day of Apnl , 2022 (the "Effective Date'), by and between WHITEHALL ASSOCIATION, INC., a Florida not for profit corporation operated in care of REALTIME PROPERTY MANAGEMENT OF SOUTH FLORIDA, LLC which has its principal place of business at 140 Intracoastal Point Drive, Suite 403, Jupiter, Florida 33477, hereinafter the "Owner," and the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws ofthe State of Florida, hereinafter the "Village," and collectively with the Owner, the "Parties". RECITALS WHEREAS, current construction has closed the Loxahatchee River Railroad Bridge ("Railroad Bridge"), thereby interfering with the Village Police Department's use and access of its police boat in its customary location; and WHEREAS, until the Railroad Bridge is re -opened and operating normally, the Village desires to license from the Owner the use of the boat slip # 3 (the `Slit") of Owner's dock (the "Dock"), which is located in the North Fork Loxahatchee River on the east side of Owner's condominium located at 478 Tequesta Drive, Tequesta, Florida 33469 ("Pro a ") as identified and depicted on Exhibit A for those purposes described below; and WHEREAS, the Parties now desire to set forth those terms, conditions, and obligations to allow the Village's use of the Slip and the Dock for such purposes. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows; 1. Purpose; Use. Subject to the terms, conditions, and obligations hereof, the Owner hereby grants and conveys to the Village a non-exclusive license on, upon, and across the Slip and Dock for the purpose of mooring its police boat to the Dock and accessing the police boat on a periodic basis. Notwithstanding the foregoing, the Owner shall not grant to any other parties the right to use the Slip during the License Agreement's Term (as defined below). 2. Term. The Village shall be entitled to use the Slip and the Dock beginning on the License Agreement's Effective Date and continuing for the period of time that the Railroad Bridge remains closed due to ongoing construction activity. Page 249 of 501 Agenda Item #8. 3. Termination. This License Agreement shall terminate automatically upon completion of the ongoing construction activity at the Railroad Bridge, as signified by the Railroad Bridge's reopening and resuming of normal operation. In addition, either of the Parties may terminate this Agreement for cause in accordance with the following procedures - In the event that either of the Parties is in default of any of the License Agreement's terms, conditions, or obligations, the non - defaulting party shall provide to the defaulting party written notice of default and thirty (30) calendar days' thereof to correct or take action to correct such default, and if the defaulting party fails to timely correct the condition of the default or if the default is not remedied to the satisfaction and approval of the non -defaulting party, the non -defaulting party may exercise the right to terminate this Agreement. Upon termination of this License Agreement, the Village shall promptly remove any and all equipment and other materials placed by it in the Slip and on the Dock and return the Slip to the Owner in its pre -Agreement condition. 4. Notice: All notices given under this License Agreement shall be in writing and shall be served by hand delivery or certified mail, return receipt requested, sent to the last address of the party to whom the notice is to be given as designated by such party in writing. The Village and Owner hereby designate their addresses as follows: Village Owner Village of Tequesta Whitehall Association, Inc. 345 Tequesta Drive c/o Realtime Property Management of South Florida, LLC Tequesta, Florida 33469 140 Intracoastal Point Drive, Suite 403 Attn: Jeremy Allen, Jupiter, Florida 33477 Village Manager Attn: Bridgette Davey, Property Manager 5. Villaue's Terms and Obli¢ations. A. The Village will be solely responsible for providing all fixtures, mooring equipment, dock bumpers and any other equipment necessary for its use of the Slip during the License Agreement's Term. B. The Village shall not make any permanent improvements, alter any existing improvements, or place any signage on, over or across the Slip or the Dock without the Owner's prior written approval. C. The Village shall take all necessary precautions and maintain all reasonable safeguards to ensure the safety of its agents, employees, contractors, invitees, and guests (collectively its "Invitees") who may from time to time access the Slip and the Dock during the License Agreement's Term, and to prevent damage, loss, and accidents or injury to any persons on or about the Slip and the Dock. 2 Page 250 of 501 Agenda Item #8. 6. Owner's Terms and Oblieations. A. The Owner shall grant to the Village and its Invitees those rights of ingress and egress over and through Owner's Property during at all reasonable times during business hours for the purpose of accessing, utilizing, and mooring the Village's police boat. B. The Owner warrants and represents to the Village that the Slip And Dock are free of deterioration and damage and fit for the purposes of this License Agreement 7. Indemnification. Each of the Parties shall be liable for its own actions and omissions and, to the extent permitted by law, the Village shall indemnify, defend and hold harmless the Owner against any actions, claims or damages arising out of any negligent act or omission ofthe Village, its agents, contractors, or employees in connection with this License Agreement. The Owner shall indemnify, defend and hold harmless the Village against any actions, claims or damages arising out of any negligent act or omission of the Owner, its agents, contractors, or employees in connection with this License Agreement. However, 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. 8. Assignment. This License Agreement shall not be assigned without the express written consent of both Parties. 9. Binding Effect. This License Agreement is binding on the Parties and their respective successors, assigns, and legal representatives. 10. Choice of Law and Venue. This License 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. 11. Entire Agreement. This four (4) page License Agreement and Exhibit "A" constitute the entire agreement between the Parties; no modification shall be made to this License Agreement unless such modification is in writing, agreed to by both Parties and attached hereto as an addendum to this License Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 3 Page 251 of 501 Agenda Item #8. W WITNESS WHEREOF, the Parties hereto have executed this License Agreement on the date and year first above written. WITNESSES: WHITEHALL ASSOCIATION, INC. ATTEST: 1`6 AAA CL- Aae�� By: Bruce Wear, President VILLAGE OF TEQUESTA By: Molly Young, Mayor Lori McWilliams, MMC (Seal) Village Clerk 4 Page 252 of 501 Agenda Item #8. Exhibit A (Owner's Property) Page 253 of 501 Agenda Item #8. VILLAGE OF TEQUESTA TEMPORARY BOAT SLIP LICENSE AGREEMENT This Temporary Boat Slip License Agreement ("the License Agreement"), is entered into and is effective as of the _6 day of April 2022 (the "Effective Date"), by and between DAVID & JACLYN BAKER, individuals and owners of the residential property located at 36 Tradewinds Circle, Tequesta, Florida 33469, hereinafter the "Owners;" and the VILLAGE OF TEQUESTA, 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 collectively with the Owners, the "Parties". RECITALS WHEREAS, current construction has closed the Loxahatchee River Railroad Bridge ("Railroad Bridge"), thereby interfering with the Village Police Department's use and access of its police boat in its customary location; and WHEREAS, until the Railroad Bridge is re -opened and operating normally, the Village desires to license from the Owners the use of the boat slip (the `Slip") of Owners' dock (the "Dock"), which is located in the North Fork Loxahatchee River on the south side of Owners' property ("Property") as identified and depicted on Exhibit A for those purposes described below; and WHEREAS, the Parties now desire to set forth those terms, conditions, and obligations to allow the Village's use of the Slip and the Dock for such purposes. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Purpose; Use. Subject to the terms, conditions, and obligations hereof, the Owners hereby grant and convey to the Village a non-exclusive license on, upon, and across the Slip and Dock for the purpose of mooring its police boat to the Dock and accessing the police boat on a periodic basis. Notwithstanding the foregoing, the Owners shall not grant to any other parties the right to use the Slip during the License Agreement's Term (as defined below). 2. Term. The Village shall be entitled to use the Slip and the Dock beginning on the License Agreement's Effective Date and continuing for the period of time that the Railroad Bridge remains closed due to ongoing construction activity. 3. Termination. This License Agreement shall terminate automatically upon completion of the ongoing construction activity at the Railroad Bridge, as signified by the Railroad Bridge's Page 254 of 501 Agenda Item #8. reopening and resuming of normal operation, unless otherwise agreed in writing by the Parties. Upon termination of this License Agreement, the Village shall promptly remove any and all equipment and other materials placed by it in the Slip and on the Dock and return the Slip to the Owners in its pre -Agreement condition. 4. Village's Terms and Obligations. A. The Village will be solely responsible for providing all fixtures, mooring equipment, dock bumpers and any other equipment necessary for its use of the Slip during the License Agreement's Term. B. The Village shall not make any permanent improvements, alter any existing improvements, or place any signage on, over or across the Slip or the Dock without the Owners' prior written approval. C. The Village shall take all necessary precautions and maintain all reasonable safeguards to ensure the safety of its agents, employees, contractors, invitees, and guests (collectively its "Invitees") who may from time to time access the Slip and the Dock during the License Agreement's Term, and to prevent damage, loss, and accidents or injury to any persons on or about the Slip and the Dock. 5. Owners' Terms and Obligations. A. The Owners shall grant to the Village and its Invitees those rights of ingress and egress over and through Owners' Property during at all reasonable times during business hours for the purpose of accessing, utilizing, and mooring the Village's police boat. B. The Owners warrant and represent to the Village that the Slip And Dock are in sound, workable condition and fit for the purposes of this License Agreement. 6. Indemnification. Each of the Parties shall be liable for its own actions and omissions and, to the extent permitted by law, the Village shall indemnify, defend and hold harmless the Owners against any actions, claims or damages arising out of any negligent act or omission of the Village, its agents, contractors, or employees in connection with this License Agreement. The Owners shall indemnify, defend and hold harmless the Village against any actions, claims or damages arising out of any negligent act or omission of the Owners, their agents, contractors, or employees in connection with this License Agreement. However, 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. 7. Assignment, This License Agreement shall not be assigned without the express written consent of both Parties. 2 Page 255 of 501 Agenda Item #8. 8. Bindins Effect. This License Agreement is binding on the Parties and their respective successors, assigns, and legal representatives. 9. Choice of Law and Venue. This License 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. 10. Entire Agreement. This three (3) page License Agreement and Exhibit "A" constitute the entire agreement between the Parties; no modification shall be made to this License Agreement unless such modification is in writing, agreed to by both Parties and attached hereto as an addendum to this License Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this License Agreement on the date and year first above written. WITNESSES: DAVID & JACLYN BAKER ATTEST: Lori McWilliams, MMC Village Clerk f VILLAGE OF TEQUESTA By: Molly Young, Mayor 3 (Seal) 1 Page 256 of 501 Agenda Item #8. Exhibit A (Owners' Property) Page 257 of 501