HomeMy WebLinkAboutDocumentation_Regular_Tab 10D_7/23/1992 VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tcquesta Drive
Tcqucsla,Florida 33469-0273 • (407)575-6200
f _�, ' � � Fax:(407)575-6203
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MEMORANDUM:
TO: Thomas G. Bradford, Village Manager
FROM: Joann Manganiello, Admin. Asst. /Village Clerk ii
• DATE: July 15, 1992
SUBJECT: U.S. Highway One/Beach Road Entrance Sign Project;
Palm Beach County Requested Amendments to the Hold .
Harmless, Removal and Perpetual Maintenance Agree-
ment; Agenda Item
At the June 18, 1992 Village Council Meeting, the Village Council gave
unanimous approval for you to execute the Hold Harmless, Removal and
Perpetual Maintenance Agreement for the above referenced Village
project. This Agreement, prepared by Village Attorney John Randolph, was
requested by Palm Beach County as a condition to issuance of a permit
for Right-of-Way Construction/Landscaping at the northeast corner of the
U. S. Highway One/Beach Road intersection.
After forwarding the executed Agreement to Palm Beach County, I was
advised by Barbara Alterman, Palm Beach County Attorney's Office, that
it was not completely acceptable and that amendments to the same would
be necessary. The requested amendments have already been sent to Skip
Randolph for his review. He has subsequently discussed the same with Ms.
Alterman and has indicated to me that they are not objectionable.
Enclosed, herewith, please find a copy of the amended Agreement for your
review and consideration, as well. Permission for the permit is still
contingent upon the Village providing the County with this Agreement.
If the amended Agreement is approved by Council and duly executed, it
will be presented to the Palm Beach County Board of County Commissioners
for final approval and execution, probably in the latter part of August.
I have also been told that Palm Beach County Engineering has
simultaneously begun the permitting process in an effort to expedite the
matter.
If all is acceptable to you, I recommend that the amended Agreement be
presented to the Village Council at the July 23, 1992 Council Meeting
for their consideration.
/jm
Enclosure •
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AGREEMENT
This Agreement with and indemnification to Palm Beach County
is made and entered into this day of , 1992, by
and between the VILLAGE OF TEQUESTA, a municipal corporation of the
State of Florida and PALM BEACH COUNTY, a political subdivision of
the State of Florida (hereinafter the "COUNTY") for good and
valuable consideration in hand paid, as well as in consideration of
COUNTY permitting the existence of an entrance sign and wall
including lighting, landscaping, and irrigation (hereinafter the
"IMPROVEMENTS") in and on the COUNTY-controlled right-of-way in the
Village.
WHEREAS, the Village of Tequesta is desirous of constructing
and installing an entrance sign and wall which will include
lighting, landscaping and irrigation in the County right-of-way at
the northeast corner of U.S. Highway One and the Beach Road (C-707)
intersection in accordance with the plans attached hereto as
Exhibit "A"; and
WHEREAS, the above improvements are to be erected for the use
and enjoyment or proper functioning of the property and special
aesthetics; and
WHEREAS, the right-of-way in which said structures shall be
placed is a Palm Beach County right-of-way; and
WHEREAS, Palm Beach County desires to grant permission to the
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Village of Tequesta to construct and install the above described
improvements in its right-of-way subject, however, to the following
conditions.
NOW, THEREFORE, in consideration of Palm Beach County allowing
the use of its right-of-way for the construction of the
improvements described above and in Exhibit "A" subject to final
permit issued Palm Beach County, the Village of Tequesta hereby
agrees with' Palm Beach County that whenever it is determined by the
COUNTY that it is necessary for the safe and efficient operation of
the RIGHT-OF-WAY, or any portion of the RIGHT-OF-WAY, the VILLAGE
shall relocate or remove the IMPROVEMENTS from the RIGHT-of-WAY and
return the RIGHTS-OF-WAY to their original condition, at the sole
expense of the Village within ninety (90) days of receipt of a
written request for same from the COUNTY.
It is further agreed by the Village of Tequesta that the
improvements shall be as depicted on Exhibit "A" or as permitted by
Palm Beach County Engineering and Public Works Department in
accordance with the regular permitting process, and that no other
construction shall be in effect in said right-of-way. Further, the
Village of Tequesta agrees with Palm Beach County to be solely
responsible for the maintenance of said improvements, which shall
be maintained and kept in good repair by the Village of Tequesta at
its expense.
In the event a claim or lawsuit is brought against the COUNTY,
its officers, employees, servants or agents, the Village hereby
agrees to indemnify, save and hold harmless the COUNTY, its
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officers, employees, servants or agents and to defend said persons
from any such claims, liabilities, causes of action and judgments
of any type whatsoever arising out of or relating to the existence,
permitting, placement or maintenance of the improvements in the
Right-of-Way. Village agrees to pay all costs, attorney's fees and
expenses incurred by COUNTY, its officers, employees, servants or
agents in connection with such claims, liabilities or suits.
Nothing contained herein, however, shall act as a waiver of any of
the Village or COUNTY's immunities provided for in Section 768.28,
Florida Statutes.
All notices required to be given shall be by certified mail to
the following:
As to County: As to Village:
County Engineer
301 North Olive Avenue
West Palm Beach, FL 33401
IN WITNESS WHEREOF, the parties have caused this agreement to
be executed by their duly authorized officials.
VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By: By:
Attest: Attest:
Tequesta Village Clerk Milton T. Bauer, Clerk
By: By:
Deputy Clerk
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APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
By: By:
Village Attorney County Attorney
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