HomeMy WebLinkAboutDocumentation_Regular_Tab 8C1_10/8/1992 �, � �,; VILLAGE OF TEQUESTA
., Post Office Box 3273 • 357 Tequesta Drive
Tequesta,Florida 33469-0273 • (407)575-6200
" ,.� �t Fax: (407)575-6203
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MEMORANDUM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: October 2, 1992
SUBJECT: Fire-Rescue Task Force; Recommendation for
Village to terminate lease with Palm Beach County
regarding Station 11 Property; Agenda Item
The Tequesta Fire-Rescue Task Force at their first meeting
on September 29 voted to recommend the Village provide
written notification to Palm Beach County of its desire to
terminate the lease for the Station 11 Property on Seabrook
Road. A copy of the lease is attached for your review.
It would appear that Palm Beach County is not going to
readily remove themselves from Station 11. Therefore, it
would be prudent for the Village to begin the process of
termination at the earliest possible date in order to secure
the property in question. Accordingly, it is recommended
that the Village Council authorize the Village Manager to
direct a letter to Palm Beach County pursuant to Section 16
of the lease, requesting termination of the same with one
years advance notice.
anCuf E,
:::ent
Recycled Paper
DO-YEAR LEASE REQUIRING ERECTION OF FIRE DISTRICT BUILDING
INDEX
Pape
1. PARTIES TO INDENTURE 1
2. OONSIDERATION 1
3. TERM, DURATION 1
4. ERECTION OF BUILDING 1
5. MAINTENANCE/REPAIR 1
6. MORTGAGE OF BUILDINO/REALTT 2
7. TITLE TO THE BUILDING AND THE IMPFCNDONTS 2
8. FIFE SERVICE AREA 2
9. INSURANCES 2
10. PUBLIC PURPOSES ONLY 2
11. TAXES, ASSESSMENTS AND LIENS 2
12. DESTRUCTION OF PREMISES 2
13. INDEMNITY TO SAVE HARMLESS 3
14. ARBITRATION 3
15. ASSIGNMENT/SUB LEASE OP LEASEHOLD 3
16. EARLY TERMINATION BY MUTUAL CONSENT
17. REMOVAL OR DEMOLITION 3
18. OPTION TO RENEW 3
19. ANNEXATION 3
20. COVENANT OF QUIET ENJOYMENT r 3
21. ANNUAL INSPECTION 3
22. COOPERATION BY VILLAGE POLICE DEPARTMENT 3
23. COMMITMENT TO VILLAGE 3
24. SUCCESSORS AND ASSIGNS 4
• 25. DISIURBANCE!S/UtNSCFSSA Y NOISES
26. INDENTURE/LEASE A PUBLIC DOCU!ENr' 4
27. Ai1E' TS TO LEASE
28. FORCE MAJEURE 4
29. PARTIAL INVALIDITY 4
30. NOTICE TO OPPOSITE PARTY 4
J
j0-YFAR LEASE FEctagrun ETECTION OP rue DISTRICT BUII.DINO
THIS immure, dated JU►E 25, 1976 and exeouted in quadruplicate between
the JUPI'ti?R VIRE =RO DISTRICT NO.1 and the VILLAGE CP TEQU STA, FLORICN, both
publio entities being in Palm Beach Carty, Florida.
WHIMS, The Village of equeeta is expending Federal Revenue Sharing
funds of the 6th entitlement period (7/1/75-6/30/76) to acquire a site for a Fire
Station on Seabrook Road and the parties have agreed to a Sale and Leaseback of the
real property.
1. PAF?l'ILS TO PrJF:r:VFL: THE JUPITa FIRE COMM. DZb1ltlCi NO. 1,
600 Hepburn Avenue, Jupiter, Florida, agreee to sell and the VIlLAGE of TEQUESTSA.
Florida, ages to purchase the following desoribed Real Estate, in fee ample, on
the terms stated below, conveyance to be made by Warranty Deers:
Real Estate described as follows:- in Palm Beach County, Florida
The South 130' of the !forth 390' of the East 156.75'of the
West 635' of the Northeast 1/4 of the Southeast 1/4 of Section 25,
lb hip 40 South, Range 42 East lying West of Seabrook Road as
• shown on the Pala Beach County Phgi Bering Depart nt rift-of-way
Map File No.3-67-114, less the West 476.25 feet thereof. Said
North 10 feet is quit claimed and title thereto is NOT warranted
due to an original error in the description which should have read
IUBJECr 90 an easement for road purposes over and across the North
10 feet thereof".
SUBJECT TO restrictions, reservations and easements of record
and taxes for 1976 and thereafter.
2. CURItERATION: In consideration of the sue of Thirteen thousand, two
hundred and severnty-seven dollars ($13,277.00) en said conveaze, the seller agrees
to lease the above-described premises from the purchaser, simultaneously with such
Ivey nce and the passing of title. The afbrementioned sae to be paid by the
Village to the Fire District.
3. Milt, DURATION: The Lease shall be fxr a term of THIRTY MAAS, to
the Year 2006 with a Rental of one-dollar (01.00) per year, paid in full upon execu-
tion, and for other good and valuable considerations set forth herein.
4. swam uP UJILDINO: The seller Lessee shall ergot, at its sal cost
and expense, a Fire Station upon said preeSaes, as per Plana prepared by the Architec-
tural firm of Antis, Vass and Orstein, and shall provide and pay for all bu ldine
applications and permits and all drivrviaye, walkways, landscaping, Shrubbery and
trees.
5. MADMANWFRPAIR: Seller, Lessee, shall at its own poet and expense
supervise, repair, end otherwise maintain the buildings and other irnprovemnte upon
the premises.
6. IORTOx7F OF BUIIUDI4Q/REAL1'r: Buyer Lessor, uses to eitordinate the
freehold to any moatgaee necessary fbr the raising of Rands to be used for the
erection of the building and the inDtallation of cry LeProTements.
7. TITLE TO THE BUIwL+O AND THE IMPROVEMENTS: Title to the building,
i>:provements and appurtenances shall remain in the Seller Lessee during the term of
the lease and any extension thereof, or during an extension or any option of said
lease.
8. FIRE SERVICE AREA: Lessee represents that the prirary Fire euppression
response area from the leased premise' shall be that area of the Fire Control Distr.!.
in Pale Beach County, north of the Loxahatchee River, subject to any and all mutual
aid agreements entered into by the District from time to time. However, this pro-
vision ray be modified from time to time for the purpose of providing adequate parse
nel ardor equipment to service the needs of the entire Fire Control District and ti
provide reasonable, adequate fire protection therein. Policies established by the
Board of Superviaors of the District and/or-the Chief of the District or his desivem
and applicable State statutes shall be determinative.
9. INSURANCES: Lessee shall provide
a. Builder's Riak Insurance during construction for the
protection of all parties, and such other insurnnoes or ooverages that mar be rewire
or necessary for construction purposes,
b. permanent fire and extended coverage to the full extent
• •of the cost of building and irprovements, and such additional extent that eight be
indicated for any inflated subsequent values, and
c. public liability 100/300 thousand plus $1 million ui rella
10. PUBLIC PURPOSES ONLY: The entire facility shall be devoted to public
purposes only, at all time.
11. TAXES, ASSESSMENTS AND LIENS:
a. Lessee shall request of taxing authorities, an exempt etet
b. If.such exemption is not granted or only partially granted
lessee shall pay all such taxes and any liens resulting from any assess to irpoaed
upon said premises.
12. I7:5TML'r cti 0P PREMISES: In the event of any fire or other ceeeelty,
the Lessee swill restore the prerdges to its flamer condition at its own cost and ex-
pense. Such rebuilding or repair shall be ca enced within one year of such casualty
and if not so begun shall be considered an abandon-ent of the Lease, and a forfeiture
of the promises to the Lessor.
-2-
13. ENIXOWITT TO SAVE HARLEM: Tbe Tire Control Diatriot small Indeanit
and save Walesa the Village, against all elates, debts and demands Whatsoever by
reason of the asrugrement,operation or oontrol of said preaiets or anything p+rtaini;
thereto.
14. MBITRATI I: Any controversy arising by reason of or under the Loess
shall be submitted to arbitration by the parties, Is provided in the Florida Arbitn
tion Code, being Chapter 682 of the Florida Statutes.
15. A39IflIEN1'/SUB LEASE OF LZAS lXD: The lease shall not be sub-lst or
assigned without the prior written consent of the Village.
16. EARLY T'BRCNATICN BY MJTUAL COMM After 15 years of the lease, ell
party may recommend oorsideretion of tsrpdnettng the lease upon giving the other pal
o» year's prior notice in writing.
17. REMOVAL CR DQIOLITTCN: In the year 2006, or unless sooner &greed upon
at the final termination of the lease, the Tire District has the right to more and
sell the building and improvements, after giving 30 days written notice to the Villa
or the Village may p.uahase the same upon snob price, terms and conditions as may be
mutually agreed. In the event that the building and isprovevents are removed, the
District shall leave the premises in a neat, orderly fashion and restore ground to
original condition.
18. OPTION TO REF: The Dietrict/Lessee is given the right to renew the
said lease upon the same terms and oorrditicos in the Original Lease Agraeaent upon
payment of the sum of one hundred (4100.00) dollars to the Village, receipt of which
is acsanowledged by the Village.
19. AtI&3XATION: Th the event that the subject premises may be included in
• any annexation oontecplated by the Village, the District shall lend its oocperaticn
to such annexation.
20. ONENANT OF QUIET BNJOYI OH: The Lessee shall have the right to use,
enjoy and oontrol►' the said premises against any and all persons.
21. ANNUAL INSPECTION: The Village has the rift to inspect said premises
at least onoe in every year for the purpose of assuring itself that the building and
premises are kept in proper order a d condition.
22i COOPERATION BY VILLAGE POLICE DcPARTIOnt The Village Police Tkpartrai
to cooperate, aid and assist and to render all usual and ouetocoary services to the
District, as they may be called upon to do, to the beet interests of the District en
the inhabitants serviced thereby.
23. 9)1(11 . rT TO VITMOE: During the life of this Lc:eo or any extension
ell areas within the Village limits of the Village of %quests, Florida.
24. BOCCFMORS AND ASSIGNS: All successor and assigns of either party
shall be bond by the tense of this Agretcsnt.
25. DIYIVPIWICIMAINECESURT NOM: The District shall not amuse or
permit any urnneoesesry noises, nuisances or distiat.enoes by reason of its operations.
26. ErCniTUIE4LEASE A PUBLIC DOCi}F.tff: 'ads lease, and ery extension
thereof, may be reoorded in Official Records by either party.
27. A VP3 TO LEASE: All amendments shall be in writing, duly execu-
ted and acknowledged by both parties to the A:remelt.
28. PCfiCB M41s Construction unbar this lease shall be aoannnaed and
cagleted as soon es possible, within 10 months of the execution of this Agreement,
except that any delay pained by Acts of 0od, war, strikes and other oata.strophiea
shall not constitute a default on the part of the Distriot.
29. PARTIAL INVALIDITY: If any part of this Agreement shall be held or
declared invalid, it shall not affect the validity or the enforcibility of the re-
mainder of the Aft.
30. NOTICE TO OPPOSITE PARTY: Written notice by a party hereto shall be
directed to.the District Ch , Board of Fire Supervisors, or his designee.
presently, Frederick M. Ealdt; for the Village, to the Village Tanager or his
designs, tly Robert Harp. Except in cases of emergencies, disasters or other
calamities, the opposite party shall have 30 days in which to respond and/or cutely.
¶ , the parties have authorized and directed their respective public
officers to execute this Indenture on the dates indicated bales.
Executed:
Dateder24,14 0 9., 1976
JoPiTKE FIRS Can% DI3 I IGT PO. is
•
Attest: ,( '
1a Tfl18f1— C@ric M. dll1QC
by
FAO YJI.iA0E OF 5V4t1E•�;A
r . .i . . .,r/_. SO .. .._,1976 try f,A1, LL (').. , i�•.i:`r 1__ -JT q.)
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