HomeMy WebLinkAboutAgreement_General_1/12/2023_Todd SpargerVILLAGE OF TEQUESTA
DONATION AGREEMENT FOR BENCH ON TEQUESTA BRIDGE
THIS DONATION AGREEMENT FOR BENCH ON TEQUESTA
tt BRIDGE (the "Agreement") is entered into and effective this 19day of4;
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(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 Village, the "Parties".
RECITALS
WHEREAS, the Donor desires to donate to the Village the funds to install a bench on
Tequesta Bridge 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 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.
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
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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.
S. Indermrrifiadou grid Hoid Har=- Ins by ►orrora 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,
cosh, fines, damages, including attorneys' fees, and causes of action of whatsoever kind or nature,
arising out of or in any way resulting from the honor's or Donor's officers', agents', employees'
and subcontractors" provision of labor, services, equipment, or materials related to the Donation
and all efforts undertakeen 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 leer on Donor's property to
remove the Donation from the driveway. Village Public Works staff agrees to use caution in
obtaining the Donation from honor'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 Donoes 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, not as a waiver of sovereign
immunity beyond the waiver provided in Section 768.28, Florida Statutes.
6. Cboice of Law snd Verruca This Agreement shall be governed and construed in
accordance with the laws: of the State of Florida, and venue shall be in Palm Mach County should
any dispute arise with regard to this Agreement.
7. Bindinsr Lf 'ect; This Agreement is binding on the Village, the Donor, and their
respective successors, assigns, and legal representatives.
& Assignments: This Agreement shall not be assigned without the express written
consent of both Parties.
9. Nodges: Notice as required in the Agreement shall be con--sidered sufficient when
sent by certified mail or hand delivered to the Parties during regular business hours at the following
addresses;
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Village Donor
Village of Tequesta Todd Sparger
345 Tequesta Drive
Tequesta, FL 33469
Attn: Jeremy Allen, Village Manager
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: ToddSparger
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By: ToddSparger
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ATTEST:
Lori McWilliams, MMC
Village Clerk
VILLAGE OF TEQUESTA
By: Mo Ily Yo unE, yor
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SEAL
INCORPORATED;
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4
Exhibit A
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