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HomeMy WebLinkAboutAgreement_General_12/8/2022_133 Intracoastal CircleThis instrument prepared by, and return to: Keith W. Davis, Esq. Davis & Associates. P. A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 LIMITED AGREEMENT FOR CONSTRUCTION IN ROAD RIGHT OF -WAY VILLAGE OFTEQUESTA THIS AGREEMENT made and entered into this _%day of OeO 2022, between [PRQPERTY OWNER], hereinafter called the "Owner": and the Village of Tequesta, a municipal core ration organized and existing in accordance with die laws of the Swic of Florida with its principal office at 345 Tequesta Drive, lequesta, Florida 33469, hereinafter called the "Village". WITNESSF.TH: WHEREAS, Owner is the owner and titleholder of the real property situated at [STREET ADDRESS1 in the Village or adjacent to a night -of -way maintained aDd controlled by the Village. more particularly described as follows: / 3 14*0tcv�4x Lire./[. %� F� [LEGAL DESCRIPTION1 4oT y /� Al, Kt-T V/ Cam i� /Cot % 6 [PARCF..L CONTROL NUMBERI, A/m /�rctc/, Co, tn�� CL WHEREAS, the Owner has requested permission to construct a decorative driveway surface, which will or does encroach upon the public right of way reserved and designated on the plat of the [PLAT CONTAINING ROW 1NFORMA"I'ION]; and WHEREAS, the Village is willing to permit the construction of said decorative driveway surface, provided the same is in accordance with and upon the following terms and conditions. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties do hereby agree as follows: Section The Village hereby permits the construction and/or maintenance of said decorative driveway surface as shown on Exhibit A attached hereto and made a part hereof, provided and only so long as the Owner complies with the following teams and conditions: 1. If the Village or any utility desires to have access to said public right of way for the purpose of the installation and/or maintenance of any utility transmission line or conduit located or to be located therein or for any other proper purpose, or if the Village desires in its absolute discretion to have said decorative driveway surface removed from the public right-of-way, the .^,wncr agrees, upou two (21 weeks' notice:, or ctirlicr as required, to rentove said decorative driveway surface at the Owner's sole cost and expense. 2. In the event the Owner fails to remove said decorative driveway surface as set forth herein above within the time prescribed, the Village or any such utility involved, may cause said decorative driveway surface to be removed and the cost thereof assessed against the above described real property. which cost shall become a lien upon said real property. and which said lien, including all costs and reasonable attorney's Pecs, may be enforced against said real property by foreclosure or such other remedy as may be available at law. 3. Once all or any portion of said decorative driveway surface has been removed from the public right-of-way, the same shall not be reconstructed except upon prior written agreement and authorization of the Town made or granted in its absolute discretion. No alteration of said decorative driveway surface is permitted or shall occur by the Owner except to remove or diminish such encroachment. 4. The Owner hereby grants the Village and any utility servicing property in the Village full and complete access to said public right of way over, under, upon, around and through said decorative driveway surface. 5. If the Village or any utility work on the public right of way may be accomplished by a means whereby all or a portion of the decorative driveway surface need not be removed, which means may be more expensive than after the same has been removed, then the Village, in its absolute discretion, may grant the Owner the option that such work be accomplished by such more expensive means provided the Owner prepays all costs and expenses in connection therewith. 6. Notwithstanding the foregoing, the Village and any utility serving the Village may take all necessary or appropriate action concerning the decorative driveway surface when there is not sufficient time for notice to the Owner or when the Owner cannot be reached at the above - described premises. Section This Agreement shall be binding upon the Owner, its heirs, personal representatives, successors, and assigns. Section III. This Agreement shall be recorded in the public records of Palm Beach County. IN WITNESS WHEREOF, the Owner has hereunto set its hand and the Village has caused the presents to be executed by its duly authorized officers all on the day and year first above written. Signed, sealed and delivered OWNER in the presence of two (2) witnesses: r Witness signature By: [NAME-) As: [OFFICE if applicable] [CORPORATE ENTITY if applicable] Witness signature STATE OF FLORIDA Ss' I COUNTY OF The foregoing Agreement wknowled ' d Ihefore me by means of plrT hysical presence or ❑ online notarization this 1 -day of C%c over r , 2022, by J,- . , , : , ,,., , , who is personally known to me or who has produced a Florida driver's license as identi tef n and who dididid not take an oath, and who stated that she executed same on behalf of the Village of Tequesta for the purposes therein expressed. Scaft W Folsom Cvf (Seal) tfln.;GG994it�7 ,-;- Ex }li : October 22' 2023 NOTARY PUBLIC, Florida %s%s ? 1 VILLAGE OF TEQUES"TA Eirklad Thtif Am Net:y Jeremy Allen Digitally signed by Jeremy Allen Date: 2022.10.2713:41:36-04'00' Jeremy Allen, Village Manager ATTEST: ,N q� CORPpRATED Lori McWilliams, MMC, Village Clerk 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@teguesta.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 ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."