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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 6_9/29/1992 /� Vl 1 0• VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive • „`; Tequesta,Florida 33469-0273 • (407)575-6200 '.�� ���4 Fax: (407)575-6203 ta �l o mf' + cN co t NIEMCIFtikINIDT.TIvIr. TO: Tequesta Fire-Rescue Task Force Members FROM: Thomas G. Bradford, Village Manager / DATE: September 15, 1992 - SUBJECT: Village Lease With Palm Beach County for Station 11 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 District 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 year prior notice in writing. At the Village Council Meeting on September 10, I recommended termination of the Lease and authorization for the Village Manager to provide Palm Beach County with written notice of termination. The Village Council requested that the matter of the . Lease be deferred to the Fire-Rescue Task Force for a recommendation. Therefore, since time is of the essence, I have placed this matter on your agenda for early consideration. You need not • make a decision at your first meeting, but the longer we wait, the longer it will be before we take control of Tequesta's Fire , Station. TGB/krb Attachment Recycled Paper jO-YEAR TEASE RF.LpRRINO ERECTION OP FIRE DISTRICT BUILDING • INDEX Pale 1. PARTIBS TO INLEN1VRE 1 2. CCNSIIERATICN 1 3. TERM, DURATION 1 4. ERECTION OF BUILDING 1 5. MAINTENANCE/REPAIR 1 6. MJVIC)AEE OF BUILDING/REALTY 2 7. TITLE TO THE BUILDING AND THE DIPPCNIEKNIS 2 8. FIRE SERVICE AREA 2 9. INSURANCES 2 10. PUBLIC PURPOSES ONLY 2 11. TAXES, ASSFLSS£iTS AND LIENS 2 12. DIESITUCTION OP PREMISES 2 13. INDEMNITY TO SAVE HARMLESS 3 14. ARBITRATION 3 15. ASSIGNMENT/JB LEASE OF LEASEHOLD 3 16. EARLY TERMiNATION BY MUTUAL CDNSa1T 17. REMOVAL OR L*x LITION 3 18. OPTION TO RENEW 3 19. ANNEXATION 3 20. COVENANT OF QUIET ENJOYMENT 3 21. ANNUAL INSPECTION 3 22. COOPERATION BY VILLAGE POLICE DEPARTMENT _ 3 23. COMMITMENT TO VILLAGE 3 24. SUCCESSORS AND ASSIGNS 4 • 25. DisruRBANcrssANNECEssida NOISES 4 26. SASE A PUBLIC DOCUMENT 4 27. AMENDMENTS TO LEASE 28. FORCE MAJFU 4 29. PARTIAL INVALIDITY 4 30. NOTICE TO OPPOSITE PARTY 4 30-TEAR LEAR 1EC/JIRINO EIECTICN OP PIRE DISTRICT BUIUDDIO THIS IMMURE, dated JUNE 25, 1976 and executed in quadnplioate between the JUPI`IER FIFE =ROL DISTRICT M).1 and the VIUJIOE OP TECUESTA, FLORIDA, both public entitles being in Pala: Beach County, Florida. M1fM.% The Village of '.bqueata is expending Federal Revenue Sharing Nnds of the 6th entitlement period (7/1/75-6/30/76) to acquire a site for a Fire Station on Seabrook load and the parties have agreed to a Sale and Leaseback of the real property. 1. PARTIES TO PIO*i u1 E: THE JUPIT i FIE ONFRI, DISTRICT MD. 1, 600 Hepburn Avenue, Jupiter, Florida, agrees to sell end the VILLAS of TEWESTA, Florida, agrees to purchase the following described Real Estate, in fee simple, on the terms stated below, conveyance to be made by Warranty Deed: Reel Estate described as follows:- in Palm Beads 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 Section 25, Tounship 40 South, Range 42 East lying Pest of Seabrook Road as ahaw n on the Palm Beach County Engineering Depastheest right-of--way Map File No.3-67-114, leas.the West 476.25 feet thereof. Said North 10 feet is quit claimed and title thereto is MY warranted due to an original error in the desoription which should have read "JBJ!c': TO an easement for road purposes over and across the North 10 het thereof". SUBJECT TO restrictions, reservaticns and easements of record and taxes for 1976 and thereafter. 2. CCNNIEEBATION: In consideration of the aura of Thirteen thousand, two hundred and seventy-seven dollars 013,277.00) on said conveyafl e, the seller agrees to lease the move-described premises floes the per, simultaneously with such conveyance and the passing of title. The aforementioned eua to be paid by the Village to the Fire District. 3. TEAM, DURATION: The Lease shall be for a term-of %il M WARS, to the Year 2006 with a Rental of one-dollar (41.00) per year, paid in full upon execu- tion, and far other good and valuable considerations set forth herein. 4. ERECTION OP BUI DINO: . Tice seller Lessee shall erect, at its own cost and expense, a Fire Station upon said presrdees, as per Plans prepared by the Architec- tural ulna of Mstis, Vass and Orstein, and shall provide and pay for all building applications and permits and all drilmways, walkways, lnrsdaoaping, shrubbery and trees. 5. MAINIFIUNC2,/FEPAIR: Seller, Lessee, shall at its own oust and expense supervise, repair, end otherwise maintain the buildings and other inpro� vem.nte upon the premises. 6. POMADE OF I JBDI41V,WIT: Buyer Lessor, agrees to eiLordinate the freehold to any mortgage neosssary for the raising of ?Uncle to be used for the ereoticn of the building and the installation of any improvements. 7. TILI.B TO THE BUILDING MD THE Dom: Title to the building, immanent/ and appurtenances shall remain in the Seller Lessee during the term of the lease and nay extension thereof, or &wing an extension or any option of said lease. 8. FIFE SFAVIC' AREA: Lessee represents that the primary Fire suppression response area from the leased premises shall be that area of the Fire Control Metric in Palm Coach County, north of the Loxahatchee River, subject to any and all mutual aid ageeeents entered into by the District frsr+ time to tine. Hor.ever, this pro- vision ray be modified from time to tine for the purose of providing adequate person nel and/or eeuipment 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 deterrdnative. 9. INSURANCES: Lessee shall provide a. Builder's Risk Insurance during constructicn for the protection of all parties, and such other insurances or *overages that may be requires or necessary for construction purposes, b. permanent fire and extended coverage to the tell extent • of the cost of building and irprovements, and such additional extent that might be indicated for any inflated subsequent values, and c. public liability 100/300 thousand plus $1 million umbrella. 10. PUBLIC PURPO3& ONLY: The entire facility shall be devoted to public purposes only, at all time. 11. TAXES, ASSEg.4+FNTS MD LIENS: a. Lessee shall request of taxing authorities, an exempt etatu b. If such exemption is not granted or only partially granted, lessee shell pay all such taxes and any liens resulting from arty essesamalta iBpoeed. upon said premises. 12. D STRUCIION OP T X1S S: In the event of any fire or other casualty, the Lessee shall restore the premdees to its former condition at its own cost and ex- pense. Such rebuilding or repair Shall be comenced within one year of such casualty, and if not so begun shall be considered an abandor;ent of the Lease, and a forfeiture of the prevlses to the Lessor. -2- 13. D¢>3x4TTV 10 SAVE RA7+S: The Fire Control District shall Irrndeanit) and save harmless the Vi11as., against all claims, debts and dom nde whatsoever by reason of the :ewgoanent,operation or Control of said premises or sr0►thing portainir . thereto. 14. fle ITRAT/Cti: Any controversy arising by reason of or under the Leese shall be submitted to arbitration by the parties, ee provided in the Florida Arbitre tics Code, being Chapter 682 of the Florida Statutes. 15. ASSIQNeRlfr(SUB LEASE OF tZA5 U.D: The lease shall not be sub—let or Assigned without the prior written *intent of the Village. 16. EARLY TemmaION BY M11QAL COMP: After 15 years of the lease, sit party may re000taetnd consideration of terminating the lease upon giving the other par one year's prior notioe in writing. 17. REMOVAL CR rEKUI! I: In the year 2006, or unless sooner agreed upon at the final tenatnatian of the lease, the lire District has the right to remove and sell the building and improvements, after giving 30 days written notice to the Villa or the Village ea purohaae the same upon susrtn pries, terms and Conditions as say be mutually agreed. In the event that the building and isprovesaanta are removed, the District shall leave the premises in a neat, orderly fashion and restore ground to original condition. 18. 0PTlCN To RE:t!i: The District/Lessee is given the right to renew the said lease upon the same tsrme and Conditions in the Original Lease Agreement upon payment of the sus of one ?Andrei ($100.00) dollar[ No the Village, receipt of which is ac3omd,edg.d by the Village. 19. M AFION: Th the event that the subjeot presses may be included in • any annexation oonte:wlated by the Village, the District shall lend its cooperation to such annexation. 20. COVENANT'OP =ET I OY IT: ►ho Lessee shall have the right to use, enjoy end control,' the said premises against any and all persons. 21. ANNUAL INSPECTICtit The Village has the right to inapeot said pretaises at least once in every year for the peewee of assuring itself that the building end premises are kept in proper order and condition. 22i COOPERATION BY VILLAGE POLICE DePAPWNTs The Village Police Doer, to cooperate, aid and assist and to render all usual end Cueto:aary services to the District, as they may be called upon to do, to the beet interests of the District anE the inhabitants serviced thereby. 23.. C t ITMIT TO VTLir!08: Awing the life of this Lease or any extension t TLC.. bis+rte-V-'S Fr Sew,►�ro6 20a eked t b e reS�0,,s't ble. -For serO e k(Al • all areas within the Villap Malts of the Village of Tequesta, Florida. 24. pocazscm AnD A.SSIlFFll t All suooessor and assi6ns of either ply gall be bond by the terms of this Agreement. 2S. plarraurmitmeassART UOISE,St 'C)s District shall not ease or permit any unneoessary noises, nuisances or disturtotca by reason of its operations. 26. DCOMMEILEME A FOLIC DOCU•Il?: This lease, and any extension thereof, sassy be :worded in. Official Rsootde by either party. 27. Ameto s To Lama: All ewertents shall be in writing, duly exscu. ted and acknowledged by both.parties to the Agreeeent. 2$. FC808 MAJEURB: Construction under-this lease shall be occorenced and completed u socn as possible, within 10 tonths of the execution of this Agreeu+ent, except that any delay caused by Aota of Cod, war, strikes and other oatastrophiee shall not constitute a default on the part of the District. 29. PARTIAL DWVALIDITf: If any part of this ,Rent shall be held or. declared invalid, it shall not attest the validity or the entbrcibility of the re— minder of the Agraiment. 30. Vi'IC? 10 OPP0BI18 PARTf: L itten notice by a party hereto shall be directed to the District , Board of Fire Supervisors, or his designee., presently, Frederick V. Beldt; for the Village, to the Village Y.anagaz' or his designee, presently Robert Harp. Except in cases of estergenoiea, disasters or other calamities, the opposite party shall have 30 days in which to respond and/or amply. 1dlEPETCRE, the parties have authorized and directed their respective public officers to execute this Indenture on the dates indicated below. Executed: Dated !l , 1976 JUPxIEA PIFB OCrnwx DiSTRI T a . is ' • Attestddergzze• { a� ti / �c{t (L.3 by :. ric .M VJI MOE OF MOF.• FA .I . .1 �- ��/%�... .& _._0.976 by t, Si 1, kik �l t i:�.i;`r S.1_ it.. q.) Vi `s 01 .