HomeMy WebLinkAboutAgreement_General_3/14/1972_ •
AGREEMENT
THIS AGREEMENT entered into by and between the VILLAGE OF
TEQUESTA, hereinafter called "VILLAGE" , and KARL KANDELL, ED NELSON,
/ NATIONAL
FIRST/BANK AND TRUST COMPANY OF JUPITER-TEQUESTA, KEN SCHMIDT,
DORNER DEVELOPERS ,' INC. , DIVOSTA CONSTRUCTION CO. , and PAUL THOMSON,
hereinafter called "CONTRIBUTOR" (sometimes referred to as
"CONTRIBUTORS") .
WITNESSETH :
WHEREAS , Contributor consists of various parties desirous
of the Village expanding its sewage treatment facilities; and
WHEREAS , Village is willing to increase its sewage treat-
ment facilities so long as Contributor pays for the anticipated
costs; and
WHEREAS , Contributor is willing to pay for the anticipated
costs in return for commitments from the Village for use of a
certain portion of the increased facilities .
NOW, THEREFORE , it is agreed as follows :
1. Contributor has deposited the sum of Sixty-Five Thousand
National Dollars ($65 , 000. 00) with the First/Bank and Trust Company of Jupiter- <
Tequesta, Jupiter-Tequesta, Florida, hereinafter referred to as the
Escrow Agent. Said sum shall be distributed by the Escrow Agent
according to the terms and conditions hereinafter stated.
2 . Village shall, upon execution of this Agreement, cause
to be prepared all necessary plans and specifications so as to
increase the capacity of its present sewage treatment facilities by
50 , 000 gallons per day and to thereafter use due diligence to
obtain all necessary governmental approval and permits in order to
acquire said additional facilities . The Escrow Agent shall pay to
the Village up to the sum of $10 ,000. 00 for the necessary expenses
incurred by the Village in the peeparation of said plans and
(3LJRNS AND wEcir.ri, LAWYERS, 325 THIRD STREET, WEST PALM DrACH,.FLORIDA
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specifications and thereafter diligently pursuing the obtaining of
said necessary government approvals and permits. Said payments shall
be made by the Escrow Agent upon the Village 's requisition to it
together with a certificate by the consulting engineer of the Village
for said project approving said requisition, and further certifying
that such obligation was properly incurred for the purposes stated
in this paragraph.
3. If all necessary approvals and permits are not obtained
by the Village within one hundred twenty (120) days from the execution
of this Agreement by the Village , the Agreement shall terminate on
said date. If any necessary approval or permit is denied the Village
by any governmental body at any time prior to one hundred twenty (120)
days from the date of the execution of this Agreement by the Village,
this Agreement shall terminate immediately upon said denial. Upon
termination for either of the reasons set forth hereinabove, the
remaining proceeds in the escrow account shall be distributed to the
individual contributors in the same proportions as each contributor
paid into said fund.
4 . If all necessary approvals and permits are obtained by
the Village within the time provided in Paragraph 3 hereinabove,
the Village shall commence construction of all necessary improvements
to provide the increased capacity of 50 , 000 gallons per day. The
Village shall use due diligence to complete said improvements on or
before six (6) months from the obtaining by the Village of final
permits. The Escrow Agent shall pay to the Village construction
expenses upon the Village ' s requisition to it together with a
certificate of the Village ' s consulting engineer on the project
certifying that such obligation was properly incurred as an expense
of constructing the said additional facilities.
5 . If all necessary approvals and permits are obtained
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by the Village within the time provided in. Paragraph 3 hereinabove, .
and if the. Village.;.elects, to, .rnt. the additional facilities necessary
to supply the increased capacity of 50 , 000 gallons per day, then
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BURNS AND WEBER, LAWYERS, 32B THIRD STREET, WEST PALM BEACH, FLORIDA
the Escrow Agent shall pay to the Village all remaining funds in
the escrow account upon the Village ' s requisition to it for said
funds , together with a certificate of the Village 's consulting
engineer on the project certifying that an appropriate lease has
been entered into by the Village allowing the Village to have said
increased sewage facilities. Said rental arrangement shall be in
lieu of the Village building the facilities , and the Village shall
use due diligence to enter into any such rental arrangement on or
before six (6) months from the obtaining of the Village of final
permits .
6. The Village hereby agrees that 44 , 999 gallons of the
50 , 000 gallons per day increase shall be committed to the individual
contributors who are listed on Exhibit "1" hereto, which is made a
part hereof.
7 . The above commitment of the Village shall be valid and
binding upon the Village for a period of three (3) years from the date
of final completion of the increased facilities . Any individual
contributor may freely assign his rights to any other party which
shall be binding upon the Village.
8 . Upon obtaining a building permit from the Village, each
contributor or assignee thereof shall have the gallons for such
building permit determined by the consulting engineer of the Village,
which determination shall be based on the principles set forth in
Exhibit "2" attached hereto and made a part hereof. Such determina-
tion shall be binding upon the parties and deducted from the Village ' s
commitment as provided in Paragraph 5 hereinabove.
9. In the event that the total escrow proceeds are not
required for completion of the new facilities if the Village
constructs the same , any excess shall be returned to the individual
contributors in the same proportion as each contributor paid into
said fund. If the total costs exceed Sixty-Five Thousand Dollars
($65 , 000. 00) , the Village shall be responsible for payment of any
excess costs . In the event that the Village rents facilities to
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BURNS AND WEIDER, LAWYERS, 325 THIRD STREET, WEST PALM BEACH, FLORIDA
supply the increased capacity, then the Village shall be entitled
to all remaining escrow proceeds as provided in Paragraph 5 herein-
above, without reimbursement to the contributors .
10 . The individual contributors and their respective
contributions to the fund are set forth on Exhibit "3" attached
hereto and made a part hereof.
11. The parties hereto authorize and direct the Escrow
Agent to invest the escrow proceeds in savings accounts or certifi-
cates of deposit in Escrow Agent' s bank pending anticipated requisi-
tion by the Village of expenditures authorized by this Agreement.
Interest earned shall be accrued and paid to the contributors at
the termination of the escrow agreement in the proportions of
their contributions.
12 . The Contributors have executed this Agreement the
14th day of March , 1972 . The Village shall have
executed this Agreement on or before the 21st day of March, 1972.
If the Village has not executed this Agreement by the above date,
all the escrow funds shall be returned to the respective contributors ,
and this Agreement shall terminate and be of no further force and
effect.
13. Time is of the essence hereof.
14 . This Agreement shall be binding upon the parties
hereto, their heirs , personal representatives , successors and assigns.
15. This Agreement shall be construed under the laws of
the State of Florida.
, IN WITNESS WHEREOF, the Contributors have signed this
Agreement this - day of March , , 1972 .
,^
Witne•s e i
/ ,
KA KANDELL
As to Karl de 1
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t.,,,,:i t.t e_."--,,,.) ( . 7C1,9-41.../
/__ 7 ED NELSON
zzczAs to Ed Nelson
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GDUIiNI AND Wf-'I-11 14, 1.AWYts11 , ail;-+ 1'111ND STRMI 1, WEE§r PALM DrACII, VLC181ESA
,
.r/ NATIONAL
Witnesses: k-,,f FIRST/BANK AND TRUST COMPANY OF
"-. JUPITER-TEQUESTA
>(,)2 ../ )9P I- d.r...1-&-c.-/
BY: L.-7.---0 ,1-t:c-, 2:2'22-1;41;
As to Fir,gt/Bank Title : .Prestent I
National
Vii
(Seal)
- /4 1 • k
i t c f 4•,-7.-- ---12/ 44,-.7,-117(
.." SCHMIDT
As to Ken Schmidt
DORNER DEVELOPERS , INC.
...
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,
t ) ,
(,./ c c ( -/('Ll ..•, -/{ 6... c c (c-_-4/ By
As to Dorner Devel6rs , Inc. Title:
(Seal)
f JO
DIVO A . 0 STRUCT c• C•
•f'..-- . / „... ,-...e-) ..,____ '4 -,, Z, ;/"/-- i 1 ..-
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.._ 1,411
, ,,....L.7, e.---c,) , ...,,c„, By: /Ali 41111
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As to DiVosta Construction Co. T t e:
(Seal)
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_ (r-.64j1 -,14-1-4-
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.-- .// 4-4 e.,.,. ( i e',. ' k,.'',.,,7 i. r,iif,,,.: .") PAUL THOMSO
As to Paul Thomson /
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BURNS AND WEBER, LAWYERS, BBB THIRD STREET, WEST PALM BEACH, FLORIDA
ACCEPTANCE OF ESCROW AGENT
The undersigned hereby acknowledges the receipt of the sum
of Sixty-Five Thousand Dollars ($65, 000. 00) from the Contributor
and agrees to disburse said funds according to the terms and
conditions of the above Agreement.
NATIONAL
Witnesses : FIRST/BAN AND TRUST COMPANY OF
JUPITER-TEQU TA-7
7.
By:" /. r
s'w^=<,i ,iC 4.1.*''` Ti e: P r�s i e t
Attest: :
(Seal)
The above Agreement is hereby executed by the Village this
day of , 1972.
Witnesses : VILLAGE OF TEQUESTA
By:
Title:
Attest:
(Seal)
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BURNS AND W .I ER, LAWYERS, 32S THIRD STREET, WEST PALM PEACH, FLORIDA
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NAME ADDRESS GALLON AMOUNT
Karl Kandell Cypress Drive
Tequesta, Florida 900
Ed Nelson U. S . #1
Tequesta, Florida 1 , 000
First Bank and Trust
Company of Jupiter- U. S. #1
Tequesta Tequesta, Florida 900
Ken Schmidt Tequesta Drive
Tequesta, Florida 2 ,500
Dorner Developers, Inc. P. 0. Box 3286
Tequesta, Florida 13,233
DiVosta Construction Co. 251 River Drive
Tequesta, Florida 13 ,233
Paul Thomson River Drive
Tequesta, Florida 13 ,233
TOTAL 44 ,999
EXHIBIT 1
BURNS AND WEBER, LAWYERS, 325 THIRD STREET, WEST PALM BEACH, FLORIDA