HomeMy WebLinkAboutDocumentation_Regular_Tab 11C_9/10/1992 VILLAGE OF TEQUESTA .0 -..
Post Office Box 3273 • 357 Tequesta Drive
/13
/,;,` Tequesta,Florida 33469-0273 • (407)575-6200
.� �.-, Fax: (407)575-6203
'04 cou' i
MEMORANDUM
TO: Village Council
FROM: Thomas G. Bradford, Village Manager 7
DATE: ' September 3, , 1992
SUBJECT: Authorization to Formally Request Termination of
Lease with Palm Beach County' for Fire-Station on
Seabrook Road; Agenda Item ,,
Attached hereto, please find a copy of the Lease between the .
Village of Tequesta and the now defunct Jupiter Fire Control
District. This Lease was assumed by Palm Beach County Fire-
Rescue upon consolidation of the fire control districts in 1984.
Section 16 of the Lease allows for early termination of the Lease
by mutual consent after fifteen (15) years' by giving the other
party one (1) year prior notice in writing. I would suggest that
Palm Beach County be requested to vacate the premises on
September 30, 1993.
It is recommended that the Village Council authorize the Village
Manager to provide Palm Beach County with a written request
pursuant to Section 16 of the Lease to terminate the Lease and
vacate the fire station premises on September 30, 1993.
TGB/krb
Attachment
Recycled Paper
ERECTION OF FIRE DISTRICT BUILDING
INDEX
Page
1. PARTIES TO EMDWURE 1
2. OONSIDERATION • 1
3. TERM, DURATION 1
4. ERECTION OF BUILDING 1
5. MAINTENANCE/REPAIR 1
6. MORTGAGE OF BUILDING/REALTY 2
7. TITLE TO THE BUILDING AND THE IMPROVEMENTS 2
8. FIRE SERVICE AREA 2
9. INSURANCES 2
10. PUBLIC PURPOSES ONLY 2
11. TAXES, ASSESSMOITS AND LIE 2
12. DESTRUCTION OF PREMISES 2
13. INDEMNITY TO,SAVE HARMLESS 15 3
14. ARBITRATION 3
15. ASSIGNMENT/SUB LEASE OF LEASEHOLD 3
16. EARLY TERMINATION BY MUTUAL CONSENT
17. REtiOVAL OR DEMOLITION 3
18. OPTIC TO RENEW 3
19. ANNEXATION 3
• 20. COVENANT OF QUIET ENJOYMENT 3
21. ANNUAL INSPECTION 3
22. COOPERATION BY VILLAGE POLICE DEPARTMERT 3
23. COMMITMENT TO VILLAGE 3
24. SUCCESSORS AND ASSIGNS • 4
25. DISTURBANCES/UNNECESSARY NOISES 4
26. INDENTUR /LEASE A PUBLIC DOCUMENT 4
27. AMENDMENTS TO LEASE
• 28. FORCE MAJEURE 4
29. PARTIAL INVALIDITY 4
30. NOTICE TO OPPOSITE PARTY 4
)3-YEAR LEASH mmiumn ERECTION OP PIPE DISTRICT BUIIDINO
THIS INDENTURE, dated JUNE 25, 1976 and executed in quadruplicate between
the JUPTM R PIlE C PRDL DISTRICT }C.1 and the VILLAOE OP TEQUESTA, PUMA, both
public entities being in Palm Beach County, Florida.
WHEMA.S, T* Villas of :lequesta is expendine Federal Revenue Sharing
fluids 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. FARMS 110 I DENWRE: THE JUP tAot FIRE CONTRI, DL ixf CT NO. 1,
600 Hepburn Avenue, Jupiter, Florida, agrees to sell and the VILLAGE of 4e4UESTA,
Florida, agrees to purchase the following desoribed Real Estate, in fee simple, on
the terms stated below, conveyance to be made by Warranty Dead:
Real Estate descaribed as follows:- in Palo Beach County, Florida
The South 130' of the North 390', of the East 158.75'of the
West 635' .of the Northeast 1/4 of the Southeast 1/4 of.Secticn 25,
T ter:ship 40 South, Race 42 East lying West of Seabrook Road as
aho n on the Palm Beach County Ehgineering Department rif teef-way
Rap File No.3-67-114, less the West .476.2.5 feet thereof. Said
North 10 feet is quit claimed and title thereto is NO r .rr rated
due to an original error in the description which should have read
"EUBJLC:' TO an easement for road purposes over and across the North
.:. 10 feet thereof".
SUBJECT TO restrictions, reservations and eane tints of record
and taxes for 1976 and thereafter.
2. C SIDMUT`ION: In consideration of the suw of .Thirtee:'l thousand, two
hundred and seventy-seven dollars (013,277.00) an said conveyance, the seller agrees
to lease the above-described premises from the puTehas , simultaneously with such
conveyance and the passim of title. The afbrementioned sum to be paid by the
Village to the Fire District.
3. TERM tVRATIOK: The Lease shall be for a terra of fnimY YEARS, to
the Year 2006 with a Rental of one-dollar (01.00) per year, paid in full upon exeeu-
tian, and for other good and valuable considerations set fbrth herein.
4. MeorION oP FATYIAINQ: The seller Lessee shall erect, at its own,cost
and expense, a Fire Station upon said preedees, as per Plans prepared by the Architec-
tural f'Inu of Anstis, Vass and Orstein, and shall provide and pay for all building
applications and permits and all driveways, walkways, landscaping, shrubbery and
trees.
5. MAINAVANc 2AIR: Seller, Lessee, shall at its on cost and expense
supervise, repair, end otherwise maintain the buildings and other inprave.icnte upon
the promises.
6. MDMIAGE OP BUEU 7'i: Buyer Lessor, agrees to subordinate the
Freehold to any mortgage necessary fbr the raising of fads to be used for the,
erection of the building and the installation of any iipr eemeents.
7. TITLE TO THE BUILD NO m THE : Title to the building,
improvements and appurtenances shall remain in the Seller Lessee during the teas of
the lease and any extension thereof, or during an extension or any option of said
lease.
8. PIPE SFMICr AREA: , Lessee represents that the prirary Fire suppression
response area from the leased premises shall be that area of the Fire Control District
in Pair Pesch County, north of the Loxa'-atchee River, subject to any and all mutual
aid agee- nts entered into by the District from time to time. `ceiever, this pig-.
vision ray be 'rodif1ed fray, time to tine for the purpose of providing adequate person-
nel and/or equipment to service the needs of the entire Fire Control District, and to
provide reasonable, adequate fire protection therein. Policies established by the
Board of Supervisors of the.District and/or the Chief of the District or his designee
and applicable State statutes shall be determinative.
9. INSURANCES: Lessee shall provide
a. Builder's Risk Insurance dui construction for the
protection of all parties, and such other insurances or ooverages that may be required
or necessary for aonstructicn purposes,
b. perm fire and extended coverage to the full extent
of the cosh of building and irproties-ents, and such eAditional extent that might be
indicated for any inflated subsequent values, and
c. public liability'100/300 thous d plus $1 million unbrella.
10. PUBLIC PURPOS:Z ONLY: The entire facility shell be devoted to public
purposes only, at all .time.
1.1. TAXE ) Asmsaiurrs AND LIFXS:
a. Lessee shall request of taxing authorities, an exempt state,
b. If such exemption is not granted or only partially granted,
lessee shall pay all such taxes and any liens resulting from any assessnnte inposed
upon said premises.
12. DESTRNTI0N OF FRTIS S: In the event of any fire or other at.'ullty,:
the Lessee shall restore the premises to its former condition at its own cost apd ex-
pease. Such rebuilding or repair shall be ccaroenced within one year of such casualty,
and if not so be shall be considered an abanionvent of the teaae, and a forfeiture
of the promises to the Lessor.
-2-
13. DCdtl'Pi TO SAVE HARMLESS: The Piro Centro) District snail Indemnify
and saw harmless the Village, againrt all (gaiaes, debts and deninds Whatsoever by
reason of the menagseent,operatian or oontrol of said premises or anything pertainin
thereto,
14. ARBITRATION: Any.controversy arising by reason of or under the Lease
shall be submitted to arbitration by the parties, as provided in the Florida Arbitra
tiro Code, being Chapter 682 of the Florida Statutes.
15. AMICtiefreSUB LEASE OP I EASE W D: The lease shall not be sub-let or
assigned without the prior written consent of the. Village.
16. EARLY ITIMINATTCN BY MIAL A 1': After 15 years; of the lease, eitl
party.say reoonmend oonsiderattian of.ter ednat i g the lease upon giving the other parr
one year's prior notios in writing.
17. )SAL OR DE,CLITICH: In the year 2006, or unless sooner agreed upon,
at the final terednation of the lease, the Tire District has the right to reaaoore and
sell the building and inprovesnente, after giving 30 days written notice to the Vi1iaf
or the Village may purchase the same upon such price, tersre and oonditions as may be
mutually mead. In the evse:t that the building and inprovemersts are removed, the
District shall leave the premises in a neat, orderly fashion and restored to
orleinal condition.
18. OPTION TO MO,: The District/tessee is given the right to renew the
said lease upon the same terms and conditions in the Original Lease Agreement upon
payment of the sues of one 'hundred (0100.00) dollar to the Village, receipt of whioh
is acknowledged by the Village.
19. AMMATION: Tn the evvent, that the &abject presses maybe included in
any annexation ocnteeplated by the Village, the Diatriot shall lend its cooperation.
to suoh-a vexation. 0
20. COVENANT OP WTET Re1.70Y) 1r: The Lessee shall have the right to use,
enjoy. and oontr9ol'' the said presses against any aid all persons.
21. ANNUAL INSPEC'rICEJ: The Village has the right to inspeot said preadses
at least once in every year for the purpose of assuring itself that the building and
premises are kept in proper order and condition.
22,; COOPERATION BY VIL CE POLICE DePARTMENTs The Villeze Police Depairxn
to 000perate, aid and assist and to render all usual and customary services to the
District, as they my be called upon to do, to the beat inters to of the District and
the inhabitants serviced hereby. .
23. b enorr TO VILLAGE: During the life of this Leese or any extt:eion
t.h.:reee, the Nttrict's Fie station on, Se0.drook Mad chn.11 he r epx) ible far uxvie,
all areas within the Villas limits of the Village of 'ibquesta, Florida.
24. SOOMSCRS ARO ASSIGNS: All successor and assigns of either party
shall be bogsd by the terms of this l'eenent..
25. .Y�V �/�6.
!&) SS.lMid: The District than not muse or
\iif�..\.al.i�•
permit any unnecessary noises, nuisances or disturbances by reason of its operat for s.
26. IKIUMWAEASE A PUE ,IC DOCi 1T: Illis lease, and any extension
thereof, may be recorded in Official Records by either party.
27. MilittoarrS TO LEASE: All amendments shall be in writing, duly execu-
ted and acknowledged by both parties to the fit.
28. FCRCE Mom: Construction under this lease shall be oa need and
aoacpleted as soon as possible, within 10 months of the execution of this fit,
except that any delay caused by Aots of God, war, strikes and other.-catastrophies
shall not constitute a default on the part of the District.
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 Agree tt.
30. NOTICE TO OPPOSITE PART!: Written notice by a party hereto shall be
directed to the District Chair , Board of Fire Supervisors, or his designee,
presently, Frederick W. kie.ldt; for the Village, to the Village Manager or his
designee, presently Robert Harp. Except in cases of emergencies, disasters or other
calamities, the opposite party shall have 30 days in which to respond and/or ?ly.
SEElCRE, the parties have, authorised and directed their respective public
officers to execute this Indenture cn the dates indicated betas►.
Executed:
Dated , 1976
JUPITER FIFE CONTROL D CT MD. i.
Attest: r-,3ofzt.z&A by .fic(4. IA e/e... (4. ' daetze--- W'
- 81'SC • .
MIME OFIV. ETA
r �. 1,_/471_, .go . ,1976 by f, 4't i , 1,,,,k, (1, t i_I.,.i;`r. C.1__ _ `(T q.)
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