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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_1/12/2023Agenda Item #5. Regular Council STAFF MEMO -D Meeting: Regular Council -Jan 12 2023 Staff Contact: Jeremy Allen, Village Manager Department: Manager Approve Donation Agreement Between the Village of Tequesta and Todd Sparger to Accept Funds to Install a Bench on Tequesta Bridge Mr. Todd Sparger has contacted the Village about donating funds to install a bench on Tequesta Bridge in honor of his parents who frequented Tequesta Bridge often. A full bio of his parents is included. RESOLUTION NO. 25-22 provides the Village's donation policy. Donations of $5,000 or less may be accepted by the Village Manager. All donations exceeding $5,000 must be brought before the Village Council for approval and acceptance. Summary of Donation $4,560-00 — Remove and Cut Existing Pavers, Form and Pour Concrete Pad with Pump Truck $1,r488.00 -Bench to Match existing on Bridge $ 300.00 -Personalized Name Plate $6,348.00 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. PROJECT NAME: NA BUDGET: NA ENCUMBERED: NA Proposed: NA PROJECTED TOTAL: NA Donation Ageement Bench REV Jim and Molly Sparger Tequesta Projected Remaining: NA Page 97 of 396 Agenda Item #5. VILLAGE OF TEQUESTA DONATION AGREEMENT FOR BENCH ON TEQ UESTA BI THIS DONATION AGREEMENT FOR BENCH ON TEQUESTA BRIDGE (the "Agreement"') is entered into and effective this day of December, 2022 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with TODD SPARGER, an individual hereinafter the ``Donor" and collectively with the Vitlage, the "Parties". RECITALS WHEREAS, the Donor desires to donate to the Village the funds to install a bench on Tecluesta Bridge at no cost to the Vi I I age, and the V I I la e desires to accept sarn e froin 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 monies to the Village, and the Village agrees to accept from the Donor, monies to install 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. I Oualily 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. I 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 ffiture 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 exeCLIti.011 Page 1 Page 98 of 396 Agenda Item #5. ofthe DonHtion by Donor, its offiiuer�, employees, subcontractors and agents, in arm OIMN cheat are sat i sfacto ry to th o Vi I I age,. U porgy rcq uest, Norio r sha I I provi de ear i donne of Such i nsurance to the Village, 51 Indemn"fication and Hold Harm Testis 1)v Donorm The Donor agroe s, at all t1ryes Jkli-irag tile Donation, to inn Q.111nify, &-fond and hold li.armless the Village, its officers, agents, iii an c L L s, e xPenses, I o ses" jL%� rill L. rIn (I C Ell ployces, J'r( I QS L -, j Udw Costs, fil I ties I dai n ages, i tic I udi rig at(o meys ` Ilees, and causes o f actio n o f whatsoever k i rid or nat urc, arrjSj[jg QUI 01, or in any Way frorn the Donor's or Donor's officers', -agents', employees, L ion and subcontyauuni' piovision (11' Lihor, sor-�e' I 1cess cii 111 ment, or mater'als re I ated to, (h e Don at" L and al I efforts undc rtakcn icy t I i v V i I I -Ligl c I o () Mai 11 I I I c 1 )111 IS i of I [ A ) 11 � Donor's property. The Parties agrec that Vi [141Age 11uhl is Works Ntz-flfZvi 11 nced to dri ve. a front-c-nd loader on Donor's property to ri:amlove 111Q DoI14.111on fi-om the drivnv,Lvyr Village 11uh1ic Woi-ks staff agrees to- uw catition in obtaining the Donation from DunuC.N.L properiv- howcvcr, hoill 11-Lirncs agree the(Lit L]LIC VLJJ..J�, A PC.% Its officers, agonts', servants,, a nd e ni ployees, s4ha I 11 it) t I)L� I i 4-A 1) i I i I -v fc -P r -% Lt i;v I rack marks. de pry: ssions () r (I JLi V ss of removing the Donat n other da-magec'r use to Donor's eway or property dUri pig thv prm:cs i o from Donor"s property. Both 11arties' 190i'ther agree that r,ifwr Vi'llago Public Works staff removes r the Donation from Nnor's pro port Donor ;,;hati so[e[v hQ rcspousuhlo f'()r rcilw1 d'�ttt 11 the area L be under the crushed rock to it.LL orig'nal condilion. Nothing contained In this- provision s li'a II L construed or interpreted as consent by (hc V I [ I {j fie (() he sued., nor [as -4 k wa i veer ooverei fin r IMMlinity beyond the w: I: -'Al i i i Li xl17 69. 2 8, Florida Statutes. ()IL - 11, � I I he gove M ed and construed i n I . Li Agreement L 4 6, ChiMce and Venuel: This (1) 0 [ L rlW,. f'[JIC ()J-jL[()]_-I C[jj s shall be 'L ii Palm Beach County should accordanco with and en tic any dispute arc so with regard to th'Ls- Agreement. T P Bindin EffeL Lt& This; Agnement is binding on (htheVillage, the Donor, and their r & L r�s pec t i v e sun cesso rs, ass ign s.. a nd I e g4a I rep resen tat i ves. 1P ss I s; Li n rn c n Is F Th is A gree meat sha I I not be lassigned witho ut th c ex preL , wr tten consent of both I L 9.1 N ut ices Notice as required. 'n the Agreement shall be considered SUfficlent whLi I sent by cert i ft L�d in ai I or ha i i d deli vt�jLed to t lic Parties d u r i ng re gu t ar ba si n cs s h ou r.L-., .-i 1 J%j L I0 lowing i d drts ses: Pap 2 Page 99 of 396 Agenda Item #5. Village Donor Village of Tequesta To(kl Spargcr 345 Tequesta Drive Te.questa, FL 33469 Attn: Jeren-iy Allen, Village Manager 10. Entire Aareement: This three (3) page Agreement and Exhibit 6'A" constittitc the entire agreement between the Parties; no modification shall be made to this Agreement unless stich modification is in writing, agreed to by both Parties and attached hereto as an addendum to this Agreement. I N W IT N E S S W H E R E 0 F , the Parties hereto have executed this Agreement on the date and year first above written. WITNESSES: Todd Spar ATTEST: Lori McWiltiams, MMC Village Clerk By: Todd Sparger VILLAGE OF TEQUESTA By: M o fly Y o u ng, Mayor (Seal) Page 3 Page 100 of 396 Agenda Item #5. Fvhihif A 109w, At jr .4 --L Ap I ;- �.. Page 4 Page 101 of 396 Agenda Item #5. Madame Mayor and Council of the Village of Tequesta, Subject: Molly and Jim Sperger—request toinstall ebench m their memory. VVewrite this letter onbehalf ofour amazing parents Mary Sue (MoUy) and James (Jirn)Sparger. Molly and Jim Spargermoved to the ]upiter/Tequestaarea inl962. They were both born inNorth Carolina and met while students atUN[-Chape|Hill. They married inNorth Carolina in196Oand had their first child in196l. Onthe encouragement ofalifelong friend of]im's,they moved to the area in196Z. After initially renting, they bought ahome in Brentwood off of|ndiantovvnRoad. They remained in that home until 1976 when they moved to the Village of Tequesta on a piece of land at the end of Pinetree Drive directly onthe North fork ofthe LoxahatcheeRiver. They named their Tequestaproperty the "River House" and remained there until their passing inZOIO. Shortly after moving toFlorida, Jim became a schoolteacher first at Jupiter Elementary and then at Jupiter High School where he remained for 30 years. Molly worked various office jobs in the area that included Pratt and Whitney, the Jupiter/Tequesta Chamber of Commerce, and Jupiter United Methodist Church. She was finally able to put her Social Worker degree to work when she was hired at the Jupiter Convalescence Pavilion. Through a relationship with Coles Goodner (of Goodner's Variety Store) and Jim Bowman (State Farm Insurance) that was forged at Kiwanis Club meetings, Jim became part owner of the 5M Company which purchased several buildings inthe area for storage and storefronts. Along the way, Jim was the voice of the Warrior football team throughout most of the 1980's, he ran for public office, was an active member ofJupiter High School faculty, and was a frequent special guest atJupiter class reunions. Jim and Molly were also involved in the many philanthropic initiatives of the Jupiter/Tequesta community, especially in the arts. After retirement Jim and Molly continued togive back tothe community. Jim was atireless volunteer at Jupiter Elementary School (was named volunteer of the year for Palm Beach County Schools in 2004), they both gave time to El Sol community kitchen, worked the polling location at Tequesta Community Center at Constitution Park, and for years gave tours at the Jupiter Lighthouse and museum. Every Saturday, one of their hobbies was to travel to local flea markets and thrift stores. They liked to Page 102 of 396 Agenda Item #5. find -items that were conrected to the historV of Florida and specifically of the Jupiter/Tequesta area. They turned their River House into amuseum of State and local history. The Florida Room (once KeUev's bedroom) was designed to pay homage to Dubois Park, Trapper Nelson, the Flagler Railroad and the Seminole Indians. Part ofthe outside ofthe house was devoted tothe Jupiter Lighthouse and its connectiontoour area. As the collections atthe ^RioerHouse ° expanded, local groups would bring tours to the house for a visit. The house was also known for the ""party" boat that became an extension ofthe home. Named the 13oodGolly, Ms. MoUv"ltwas the source cfweekend travels to "disappearing island" (near the railroad bridge),, trips to Trapper Nelson's, and family reunions. lnlater years, itwas converted toa Pirate Ship, complete with cannons, a crow's nest, and an assortment ofpirate paraphernalia. For his obituary photo, our father chose the one of him in all of his pirate regalia. Along thevvay,theynaisedthreechNdren—KeUey,Shannon and Todd. Kelley and Shannon still reside inthe Jupiter/Tequestacnmmun|ty. Jim and Molly loved Tequestaand were very proud tobeapart ofthe community and raise afamily there. |nwhat would be their final years, they took great delight in walking from their home to the Tequesta Drive bridge and enjoying the scerery of their Village. We would be beyond honored if there was a lasting memory of the great life our parents lived and contributed to[nthe VU|ageofTequesta. Thank you for considering this request for installing abench [n their memory. Page 103 of 396