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Home My WebLink AboutAgreement_General_10/13/2022_Main Street Village/JMZ Properties VILLAGE OF TEQUESTA PUBLIC WORKS DEPARTMENT ONE-TIME PROVISION OF LAWN AND LANDSCAPE MAINTENANCE AGREEMENT THIS LAWN AND LANDSCAPE MAINTENANCE AGREEMENT is made and entered into this 2 61 day of September 2022 by and between MAIN STREET VILLAGE, INC. and JMZ TEQUESTA PROPERTIES, INC., both Florida corporations with an address of 18903 SE Federal Highway, Tequesta, FL 33469 (together the "Owners"), and the VILLAGE OF TEQUESTA, a Florida municipal corporation organized and existing under the laws of the State of Florida, with an address of 345 Tequesta Drive, Tequesta, Florida 33469 (the "Village"). WITNESSETH WHEREAS, the Village of Tequesta annually sponsors the Tequesta Friends of Public Safety's Fire-Rescue Chili Cook-off which has, in recent past years, been held at the former "Paradise Park" site which was previously leased for public park purposes by the Village of Tequesta; and WHEREAS, the 2022 Chili Cook-off will occur at the same location (the former"Paradise Park") as in recent past years; but the site is now neither owned by nor leased by the Village of Tequesta, and is no longer used as a public park; and WHEREAS, arrangements for the use of the former Paradise Park site for the 2022 Chili Cook-off have been made between the Owners and the Tequesta Friends of Public Safety; and WHEREAS, the Village has agreed to assist the Tequesta Friends of Public Safety by providing a one-time lawn maintenance and landscaping service to the Owners' site prior to the 2022 Chili Cook-off event; and WHEREAS, the Village and the Owners now desire to memorialize the terms and conditions of the provision of said lawn and landscaping service. NOW, THEREFORE, in consideration of the terms, covenants, and conditions hereinafter specified, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both the Owners and the Village, the parties hereby agree as follows: Section 1. Acknowledgement of Use for Chili Cook-off Event. The Owners own the site formerly known as "Paradise Park" in the Village of Tequesta. Although the site was formerly leased by the Village for public park use, the lease has expired and the site is no longer used for public park purposes. However, the Owners have agreed to allow the Tequesta Friends of Public Safety to hold its annual Fire-Rescue Chili Cook-off at the former "Paradise Park" site by separate agreement and understanding between Page 1 of 4 themselves and the Tequesta Friends of Public Safety. The Chili Cook-off event is scheduled to be held on November 12, 2022. Section 2. Site. The site is generally located at 1 Main Street, Tequesta, Florida, is formerly known as "Paradise Park", and is more specifically described in Exhibit A hereto. Section 3. One Time Provision of Lawn and Landscaping Service The Village agrees to perform a one-time lawn maintenance and landscape maintenance service throughout the site prior to the Chili Cook-off event, on or between the dates of November 7, 2022 and November 11, 2022. The services to be provided are mowing the grass, edging and trimming grass and weeds, trimming hedges and trees, and blowing the paved surfaces clean from resulting lawn maintenance debris. These services shall be performed by the Village's public works department personnel at no charge to the Owners. The Owners hereby agree to allow the Village's public works personnel to access the site to perform the lawn and landscape maintenance activities between the dates of November 7, 2022 and November 11, 2022. Access to the site shall include access to and use of the water spigots located on the site's perimeter corral fence. Section 4. Indemnification and Hold Harmless. The Village shall indemnify, save and hold the Grantors, their officers, agents, and employees harmless from any and all claims, liability, losses, and causes of action of any nature whatsoever which may arise out of or be in any way related to the Village's provision of lawn and landscape maintenance at the site as contemplated by the Agreement. Nothing contained in this Agreement shall be construed as a waiver of the Village's sovereign immunity beyond the waiver limits established in Sec. 768.28, Florida Statutes (2022), including per person and per event limits on liability, limits on attomey's fees, and prohibitions against punitive damages and pre- judgment interest. Likewise, nothing contained in this Agreement shall be construed as the Village's consent to being sued by third parties. This indemnification provision shall survive the termination of expiration of this Agreement. Section 5. Notices. Any notices related to this Agreement shall be effective and valid only if in writing, and shall be deemed to be duly given if mailed or provided via hand delivery to the following addresses: If to the Village: Village of Tequesta Page 2 of 4 345 Tequesta Drive Tequesta, Florida 33469 If to the Owners: Main Street Village, Inc., & JMZ Tequesta Properties, Inc. 18903 SE Federal Highway Tequesta, Florida 33469 Section 6. Governing Law and Venue. This Agreement shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Florida. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida. Section 7. Public Records. The Village and the Owners shall keep and maintain this Agreement and any other records associated therewith in accordance with the requirements of Chapter 119, Florida Statutes (the Public Records Act). IF THE OWNERS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OWNERS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Imcwilliams(c�tequesta.orq, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Section 8. Office of Inspector General. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Section 9. Entire Agreement. Page 3 of 4 This Agreement constitutes all agreements, conditions, and understandings between the Owners and the Village concerning the Village's one-time provision of lawn and landscape maintenance at the site in advance of the Tequesta Friends of Public Safety 2022 Fire-Rescue Chili Cook-Off event. All representations, either oral or written, shall be deemed to be merged into this Agreement. No subsequent alteration, waiver, change, or addition to this Agreement shall be binding upon the Owners or the Village unless reduced to writing, appended hereto, and executed with the same formality as this Agreement. IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals on the day and year first above written. EXECUTED BY THE VILLAGE this 026day of September, 2022. VILLAGE OF TEQUESTA, FLORIDA BY: Q,( i J r my Allen, Village Manager ,,,,,,,,,,0,F,,TF,, ATTEST: "C,--pO4-Qc () xv. BY: Y /Li.I� itt-Vitt ^ _ F = SEAL ':DE Lori McWilliams, MMC, Village Clerk iNcoRPORATEo: -=N� *.z. � E4 �1g p�,, EXECUTED BY THE GRANTORS th / is p2 day t 1. 2022. MAIN STREET VILLAGE, INC., & JMZ TEQUESTA PROPERTIES, INC. BY: ki,,.d2,./L• Name: Eli122_,1‘2_5.t./(1)z_.- eth Minelli Title: President (SEAL) ATTEST: ,6,_,,,,,,t,„___ BY: Name:So i. .m_ bl 4__ __a_t_L Z Title: Page 4 of 4 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images,graphics,text, audio,video, and multimedia,shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."