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Home My WebLink AboutDocumentation_Regular_Tab 7A_6/18/1992 'I ' :5EL=4 • VILLAGE OF TEQUESTA �� p, Post Office Box 3273 • 157 Tequesta Drive ; ' �\ ��e Tequesta. Flt�rida ;;Shyd)_73 • (4l)7) 575-620(1 -tkl' � FAX (407) 575.6203 CN Co µ MEMORANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager -7 - DATE: June 12, 1992 SUBJECT: Tequesta Branch Library Facility; Land Lease Agreement; Agenda Item The Village Attorney and I have been working with Palm Beach County Staff to conclude an acceptable Lease Agreement for both parties for the Tequesta Branch Library. At this juncture, it appears that we will be able to recommend to the Village Council , an acceptable Lease for the Village. However, at this point in time, there is one point of contention for which we need Village Council direction. Section 4.01 of the Lease deals with use of the premises. It states "Leasee shall use the Premises solely and exclusively for general government purposes, including the establishment and operation of a local branch library. Leasee shall not use, permit or suffer the use of Premises for any other purpose. Mr. Randolph and I did not relish the thought of Palm Beach County using the property for a general government purpose other than a local branch library. The possibility- of a County composting or incinerator facility does not sit well with us, even though it may be remote. Palm Beach County countered our objection by stating that the County did not wish to be in the position of having to maintain a library in Tequesta in the event that Tequesta were' to ever withdraw from the County Library Taxing District. Therefore, Palm Beach County wished to maintain flexibility by allowing themselves to utilize the facility for any general government purpose. Palm Beach County suggested that the Village agree to purchase the library facility, in the event that the Village were to ever leave the Taxing District, at a predetermined depreciation schedule, see attached. My response was that I did not wish to bind future Village Councils to purchase a building and suggested that, were the Village to ever leave the Taxing District, the Village would have ninety (90) days within which to exercise its option to purchase the building and, failing that, the County could use the facility for any other general governmental purpose. The County rejected this compromise on the grounds that it would place the County in "a less than equitable position" . Recycled Paper - MEMO: VILLAGE COUNCIL JUNE 12, 1992 PAGE 2- We are at the point where we need Village Council direction. Since I do not feel comfortable in recommending to you that we bind future Village Councils in this regard, there are essentially three options on the table that both parties have indicated a willingness to accept depending upon the direction given by the Village Council . They are as follows: 1 ) In the event that the Village withdraws from the Palm Beach County Library Taxing District, it shall purchase the library building at a predetermined depreciated schedule within a time certain or Palm .Beach County may use the facility for 14Tg�e any legal purpose. In the event that the Village withdraws from the Palm Beach County Library Taxing District, the Village shall purchase the facility at a predetermined depreciated price. 3 ) The County shall use the Premises solely and exclusively for general government purposes, including a library. I would recommend that the Village Council direct staff to pursue Option 1 . This is because, if the Village were to withdraw from the Taxing District, the purchase price of the building would be a bargain. Secondly, the C-1 Zoning District, which applies to the property in question, is relatively restrictive and even if the County chose to sub-let to a private entity, the use of the facility may not be objectionable. This option does not bind future Village Councils to purchase the facility, 'yet gives the County some flexibility in the event that- the Village chooses to withdraw from the Palm Beach County Library Taxing District. TGB/krb • MAY-15-1992 13:3? FROM FPD&C—PREM—PBCOUNTY TO• yor��zd3 r,ei Board of County Cwatanissioner� Post-R"brand fax transmittal memo 7671�IotAa9.a ► Z County Adtnlntstrator Toni f3tt4 b rode d"(UN( GAot rageocC Karen T.Marcus,Chair co. Robert Weisman Carole Philips,Vice Chair � Cov�/T�(/tLEM Carol A.Robe'ts bept. Anon.r 2 3 s Carol J.filmquist fYC I "pax Pacliltles Planning,Design Mary McCarty 'S�S� l0 3 23 ii 0210 Construction Department Ken L.Foster 4 ,.. , ,f:r. ,t....,_:,•'.• w ��::• .: ... ! Maude Ford Lee o' ' 9i May 15, 1992 VIA TELEFAX 575-6203 Thomas G. Bradford, Village Manager Village of Tequesta Post Office Box 3273 Tequesta, FL 32469-0273 Re: Tequesta Library - Land Lease Agreement. Dear Tom: At our meeting on May 4, 1992 the Village requested that the County's use of the leased land be restricted to the establishment and operation of a local branch library. The County agreed to this restricted use contingent upon the Village's purchase of the facility in the event the Village decided to opt out of the Library Taxing District. The County's construction costs for the proposed branch library is estimated at $492, 000. In connection with the Library Expansion Referendum approved in 1986 and the resultant special millage assessment for 1987/88 and 1988/89, $260,895 was collected from the Village of Tequesta under said referendum. Deducting this payment from the County's estimated construction costs, the County's net construction costs are estimated at $232, 995. The County therefore proposes . that in the event the Village /no longer contributes to the Library Taxing District, the Village will purchase the library facility at the then depreciated cost of said improvements which, for the purposes hereof, shall have an initial net value of $230,000 as of the date of occupancy of the facility by the County, with a consolidated useful life of twenty-five (25) years and be depreciated on a straight line basis. • • "An Equal Opportunity-Affirmative Action Employes" `bd'pr►tioenf+c)VTAAOM Four Fointa Centre SO S.Military Trail,Suite 211 WPB,FL 33415 (407)233-0200 FAX(407)233-0210 '^'4Y-17-1 Pid rRUl'i rrua`. -r r•4-.1 r u V4Jr.r r l.. -- Thomas G. Bradford May 15, 1992 Page 2 Please let me know if the Village agrees to these terms and conditions which will then be incorporated in the revised land lease agreement. Sincerely, Property & Real Estate Management Atchildg: A/ Arthur Kahlenberg Real Estate Specialist AK/mmr c: Ross Hering, Director, PREM John C. Randolph, Esquire Lynn Thompson, Special Projects, FPD&C PREM File: Tequesta Branch Library Land Lease Project File teglib.tb • • TOTAL P.02 . I 17131 VILLAGE OF TI QUESTA 0";, 1p! I'isl Mil I ' 1271 • 1C7 Ikyur.1.1 I)ri 3,'J... \� 4 IcquCsW I'li,rid1 1146,1 0 7t • IJ (� t17I S75 ,INI i *1�� ° FA\ 141171C7511 ()1 May 18, 1992 VIA FIRST CLASS MAIL AND FACSIMILE Mr. Arthur Kahlenberg Real Estate Specialist Property and Real Estate Management Facilities Planning, Design & Construction Department Palm Beach County Four Points Centre 50 South Military Trail Suite 211 West Palm Beach, Florida 33415 RE: Tequesta Library-Land Lease Agreement Dear Arthur: I have given a great deal of thought to the proposal of Mr. Herring at our meeting on May 4 and have concluded that I am somewhat uncomfortable in binding the Village/Village Council in the future to purchase the library facility in the event that they or the citizens choose to withdraw from the Library Taxing District. However, I do understand the concern that the County has should Tequesta withdraw from the Library District while disallowing the use of the facility for any other purpose than a library. Therefore, it is my suggestion that the Lease Agreement contain language which accomplishes the following. In the event that the Village withdraws from the Palm Beach County Library Taxing District by providing the Palm (Beach County Library System proper notice thereof, within ninety days of the notice of withdrawal from the Library Taxing District, the Village shall have the option to exercise the ability to purchase the facility pursuant to the cost and depreciation schedule provided in your letter of May 15, 1992. Failure of the Village to exercise its purchase option within the ninety day period shall enable Palm Beach County to utilize the facility for any other lawful general governmental purpose. I believe that something along these lines makes for a good compromise that gives Palm Beach County a level of comfort that you desire while avoids binding future Village Councils to make a purchase. _ Recycled Paper } Mr. Arthur Kahlenberg May 18, 1992 Page 2- Should you concur, I will leave it to you to produce language that accomplishes this for the Lease Agreement. After incorporating this within the new Lease Agreement, please forward a copy to Skip Randolph and myself for a final review. Should you have any questions in regard to this response, please contact me at your convenience. Sincerely, Thomas G. Bradford Village Manager • TGB/krb c: John C. Randolph, Esq. , Village Attorney