HomeMy WebLinkAboutDocumentation_Regular_Tab 9B_6/18/1992 r '•_' . �
VILLAGE OF TEQUESTA
• L. p� Post OffiLe Box 3273 • 357 Tcyuca Drive
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Tequesta. Florida 334f9-0273 • (407) 575-6200
k° FAX: (407) 575-6203
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MEMORANDUM:
TO: Thomas G. Bradford, Village Manager
FROM: Joann Manganiello, Admin. Asst. /Village Clerk
DATE: June 12, 1992 ✓✓
SUBJECT: U.S. Highway One/Beach Road Entrance Sign Project;
Hold Harmless, Removal and Maintenance Agreement;
Agenda Item
Per your instructions, I have been pursuing the Village' s intent to
construct a Village of Tequesta entrance sign/wall, including lighting
and associated landscape and irrigation, at the northeast corner of the
U. S . Highway One/Beach Road (C-707 ) intersection. As you know, the
conceptual design sketches, prepared by Gee & Jenson, indicate the
proposed sign/wall ' s location (within the right-of-way) places it under
Palm Beach County' s jurisdiction for permitting and approval .
I have been advised that Palm Beach County Attorney' s Office and Palm
Beach County Engineering have agreed to issue the Village of Tequesta a
permit for Right-of-Way Construction/Landscaping. This permission is
contingent upon the Village providing the County with the following:
o A Hold Harmless Agreement ( Release of Liability and Indemnity)
o A Removal Agreement
o A Perpetual Maintenance Agreement
This is virtually the same as was required for the Beach Road
Landscaping Project and the U. S. One Median Project by the Florida
Department of Transportation.
Enclosed, please find a draft Agreement with Palm Beach County, prepared
by Village Attorney John Randolph, for your review and consideration.
This Agreement includes, in return, for the County allowing the
improvements to be made within its right-of-way, a Hold Harmless
Agreement, a Removal Agreement, and a Maintenance Agreement.
It is my recommendation that this Agreement be presented to the Village
Council on June 18, 1992, for their consideration. If approved by
Council, I will immediately forward the same to Palm Beach County and,
if acceptable to the County, proceed with Right-of-Way Permit
Application for this Project.
The Project received approval from the Community Appearance Board on
June 10th. The Bid Award is scheduled for the Village Council Meeting on
July 23. The Project will be constructed prior to September 30, 1992.
/jm
Enclosure
Recycled Paper
PREPARED BY:
JOHN C. RANDOLPH, Esquire
Post Office Drawer "E"
West Palm Beach, Florida 33402-3475
AGREEMENT
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
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" attached hereto,
the Village of Tequesta hereby agrees with Palm Beach County to
remove at no expense to the County the above described improvements
from the property within ninety (90) days in the event it is
determined by Palm Beach County that said right-of-way is needed
for use by the County for road right-of-way purposes inconsistent
with the placement of said structures thereon.
It is further agreed by the Village of Tequesta that the
improvements shall be as depicted on Exhibit "A" and filed with the
Palm Beach County Planning, Zoning and Building Department, 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. Further the Village of Tequesta shall
hold Palm Beach County harmless and indemnify Palm Beach County
from any and all liability arising out of the installation of the
improvements referenced herein within said right-of-way, to the
extent allowed by law pursuant to the provisions of Section 768.28,
Florida Statutes.
SIGNED, SEALED, EXECUTED AND ACKNOWLEDGED, on this day
of , 1992 .
Signed, sealed and delivered VILLAGE OF TEQUESTA
in the presence of:
By
Its
PALM BEACH COUNTY,
By
Its
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r
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1992, by , on
behalf of the Village of Tequesta, who is personally known tome or
who has produced as identification and who did
(did not) take an oath.
Signature of Notary Public
Printed name of Notary Public
Commission Number
My commission expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 1992, by , on
behalf of Palm Beach County, who is personally known to me or who
has produced as identification and who did
(did not) take an oath.
Signature of Notary Public
Printed name of Notary Public
Commission Number
My commission expires:
JCR\13153-01\PBCO.AGR
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