HomeMy WebLinkAboutDocumentation_Regular_Tab 12_9/11/1997 ' /f,/991 tic 71,
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Village Tequesta Memo
To: Thomas G. Bradford, Village Manager
From: Thomas C. Hall, Water System Manager 01%
Date: September 10, 1997
Subject: Village Council Agenda Item; Any Other Matters
During your recent absence, we received a Use Agreement
Contract from the Department of Environmental Protection (DEP) ,
relating to the use of Submerged Lands for our RO Discharge
Outfall Pipe.
As stipulated in our Environmental Resource Permit issued by
DEP on June 13, 1997, no construction activity may commence until
the Use Agreement has been executed. This document must be
executed and returned to Tallahassee within 45 days of receipt.
Therefore, it is imperative we have Village Council authorization
for Mayor Schauer to execute this Agreement as soon as possible.
Attached, you will find two (2) originals for Mayor' s
signature. Please add this item to tomorrow evening' s agenda
under "Any Other Matters" for Village Council approval .
/mk
Attachs .
Memo.Agendaltem.091197
Fax
��E����4ROTECTION
0.
Department of Village of Tequesta
• o FLOR A. ; `.:`. i i 1997
Environmental Protectio AUG
Stoneman Douglas Building Village Mana er's Office
Lawton Chiles 3900 Commonwealth Boulevard Virginia B. et
Governor Tallahassee, Florida 32399-3000 Secretary
• August 6, 1997
•
Village of Tequesta
do Thomas G.Bradford,Village Manager
250 Tequesta Drive, Suite 300
Tequesta,Florida 33469
BOT Use Agreement No.UA-50-213
BOT File No. 502839236
Grantee:Village of Tequesta
Dear Mr.Bradford:
Thank you for speaking with me last Friday regarding the Use Agreement contract. Enclosed are duplicate
originals of Use Agreement No. UA-50-213 which requires acceptance by Elizabeth A. Schauer's notarized
signature as the Mayor of the Village of Tequesta (two witnesses required). Pursuant to Chapter 695, Florida
Statutes, the name of the person executing the instruments, the two witnesses, and the notary public must be
legibly printed or typewritten directly below that person's signature.
As we discussed, to allow you the necessary time to present this Use Agreement at your next scheduled staff
meeting, please execute and return the enclosed instruments within 45 days of the date of receipt of this letter.
Upon receipt and acceptance of this information, we will transmit the use agreement instruments for final
departmental execution and a fully executed copy will be provided to you.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free
to contact me at the letterhead address(directed to Mail Station No. 125)or at 850/488-2297.
Sincerely,
01/0Z
Cher King,Planner
Submerged Lands Section
Bureau of Land Management Services
/ck
Enclosures
CER 11E1ED MAIL
RETURN RECEIPT REQUESTED
•
•
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGN SUBMERGED LANDS USE AGREEMENT
NO.UA-50-213
BOT FILE NO. 502839236
THIS USE AGREEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida,hereinafter referred to as the Grantor.
WITNES SETH: That for the faithful and timely performance of and compliance with the terms and
conditions stated herein,the Grantor does hereby grant to Village of Tequesta,a Florida municipal corporation,
hereinafter referred to as the Grantee,a use agreement on,under and across the sovereign lands,if any, contained
in the following legal description;
A parcel of submerged land in Section 31,
Township 40 South,Range 43 East,in Loxahatchee River,
Palm Beach County.
TO HAVE THE USE OF the hereinabove described premises from June 20, 1997,the effective date of
this use agreement. The terms and conditions of and for which this use agreement is granted are as follows:
1. USE OF PROPERTY: The above described parcel of land shall be used solely for installation of a subaqueous
reverse osmosis reject water outfall pipe within Florida Department of Transportation right-of-way for Road No. SR5/US1.
Grantee shall not engage in any activity except as described in the Department of Environmental Protection, Consolidated
Environmental Resource Permit No. 502839236,dated June 13, 1997 and modified June 20, 1997, and the Florida
Department of Transportation Utility Permit No.96H 496-0096,dated April 30, 1996,incorporated herein and made a part of
this use agreement by reference.
2. USE AGREEMENT CONSIDERATION: The consideration for this Agreement shall be an amount as
determined by the rule establishing fees for the use provided for herein. Once the rule is adopted,payment shall be remitted
to the Grantor according to the rule. The established fee shall be assessed from the effective date of the subject rule.
3. MAINTENANCE RESPONSIBILITY: Whenever it should become necessary or desirable for the Florida
Department of Transportation or such local governmental entity having maintenance responsibility,to repair,improve,or
perform maintenance,make alterations or relocate all or any portion of the Grantee's structures as determined by the Florida
Department of Transportation or the local governmental entity,any or all facilities and related structures authorized
hereunder shall be immediately removed,reset or relocated as required by the Florida Department of Transportation or the
local governmental entity and at the expense of the Grantee.
4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States
and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this Agreement.
5. PROPERTY RIGHTS VESTED IN GRANTOR: Agreement constitutes permissive use only and the placing of
facilities and related structures upon public property pursuant to this Agreement shall not operate to create or vest any
property right in Grantee and shall not conflict with the conservation,protection and enhancement of said lands.
6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE PROPERTY: The Grantor,or its duly
authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the
use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of
this Agreement.
7. RIGHT TO INSPECT: Grantor,or its duly authorized agent,shall have the right at any time to inspect the
works and operations of the Grantee in any matter pertaining to this Agreement.
8. RIGHT TO TERMINATE: Should a need of greater public benefit and use arise as determined by Grantor in its
sole discretion,the Grantor shall have the right to terminate this Agreement. At such time,the Grantor shall issue written
notification to the Grantee stating the effective date of such termination.
[44]
9. RESOLUTION OF ANY INEQUITIES: Any inequities that may subsequently arise as a result of this
Agreement shall be subject to negotiation upon written request of either party hereto,and the parties agree to negotiate in
good faith. In case of failure by the respective staffs to resolve the conflict(s),the matter shall be referred to the Grantor for
final resolution.
10. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts
or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity
or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended
from time to time,or any other law providing limitations on claims.
11. VENUE: Grantee waives venue as to any litigation arising from matters relating to this Agreement and any
such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County,Florida.
12. ASSIGNMENT OF USE AGREEMENT: This Agreement shall not be assigned or otherwise transferred
without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior
written consent of the Grantor shall be null and void and without legal effect.
13. TERMINATION: The Grantee,by acceptance of this Agreement,binds itself,its successors and assigns,to
abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants.of the
Grantee,its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions
herein set forth or in the event the Grantee violates any of the provisions and conditions herein,this Agreement may be
terminated by the Grantor upon 30 days written notice to Grantee,and Grantee shall immediately remove all equipment and
structures erected on the property herein at Grantee's expense. All costs,including attorneys'fees,incurred by the Grantor to
enforce this provision shall be paid by the Grantee. All notices required to be given to Grantee by this Agreement or
applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address:
Village of Tequesta
do Thomas G.Bradford,Village Manager
250 Tequesta Drive, Suite 300
Tequesta,Florida 33469
The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten(10)days before the
change is effective.
14. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this Agreement which result from the existence of this Agreement or the activities of Grantee hereunder.
15. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
and equipment occupying and erected upon the premises after expiration or cancellation of this Agreement,such structures
and equipment will be deemed forfeited to the Grantor,and the Grantor may authorize removal and may sell such forfeited
structures and equipment after ten(10)days written notice by certified mail addressed to the Grantee at the address specified
in Paragraph 13 or at such address on record as provided to the Grantor by the Grantee. However,such remedy shall be in
addition to all other remedies available to Grantor under applicable laws,rules and regulations including the right to compel
removal of all structures and the right to impose administrative fines.
16. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Grantor to enforce
any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or
render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
17. AMENDMENTS/MODIFICATIONS: This Agreement is the entire and only agreement between the parties.
Its provisions are not severable. Any amendment or modification to this Agreement must be in writing and must be accepted,
acknowledged and executed by the Grantee and Grantor.
18. ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional
structures shall be erected and/or activities undertaken,including but not limited to,dredging,relocation/realignment or
major repairs or renovations made to authorized structures,on,in or over sovereignty,submerged lands without the prior
written consent of the Grantor,with the exception of emergency repairs. Unless specifically authorized in writing by the
Grantor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and
shall subject the Grantee to administrative fines under Chapter 18-14,Florida Administrative Code. If emergency repairs are
required to be undertaken in the interests of public health, safety or welfare,the Grantee shall notify the Grantor of such
repairs as quickly as is practicable;provided,however,that such emergency activities shall not exceed the activities
authorized by this agreement.
Page 2 of_Pages
Use Agreement No.UA-50-213
.
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
Original Signature (SEAL)
Typed/Printed Name of Witness BY
Carlos Rivero-deAguilar,Director of District Management,
Southeast District,Department of Environmental Protection,
Original Signature as agent for the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida
Typed/Printed Name of Witness
"GRANTOR"
STATE OF FLORIDA
COUNTY OF.
The foregoing instrument was acknowledged before me this day of , 19
by Carlos Rivero-deAguilar,Director of District Management, Southeast District,Department of Environmental Protection,
who is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES: Village of Tequesta,a Florida municipal corporation (SEAL)
BY
Original Signature Original Signature of Executing Authority
Elizabeth A. Schauer
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Mayor
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "GRANTEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 19
by Elizabeth A. Schauer as Mayor,for and on behalf of Village of Tequesta,a Florida municipal corporation. She is
personally known to me or who has produced . ,as identification.
My Commission Expires:
Notary Public, State of
Commission/Serial No. Printed,Typed or Stamped Name
Page 3 of 6 Pages
Use Agreement No.UA-50-213
4. — —
J
STATE: FLORIDA RECEIVE
D
COUNTY: PALM BEACH
SECTION: 31
TOWNSHIP: 40 SOUTH 4UG 2 3 1996
RANGE: 43 EAST DEPT or r-
AFFECTED WATERBODY: LOXAHATCHEE RIVER tvEsT ;° ECM:Dr.;
ACREAGE: 1200 SQUARE FEET OR 0.0275 ACRES
DESCRIPTION
THAT PART OF THE SOVEREIGN LANDS OF THE STATE OF FLORIDA THAT
LIE WITHIN THE FOLLOWING DESCRIBED AREA: A CERTAIN 12.0 FOOT
WIDE EASEMENT LYING IN SECTION 31 , TOWNSHIP 40 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST RIGHT OF WAY OF U. S. HIGHWAY
NO. 1 (STATE ROAD NO. 5) AND BULKHEAD LINE NO. 1 , AS SHOWN AND
DESCRIBED IN . PLAT BOOK 28, PAGE 137, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 84°13' 30" WEST (BEARINGS
SHOWN AND REFERENCED HEREON ARE BASED ON THE MERIDIAN AS SHOWN
AND DESCRIBED ON THAT CERTAIN PLAT ENTITLED BULKHEAD LINES,
TOWN OF JUPITER, FLORIDA, AS RECORDED IN PLAT , BOOK 28, PAGES
134 THROUGH 142, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA)
A DISTANCE OF 49.0 FEET; THENCE NORTH 05°46 ' 30" WEST, PARALLEL
TO THE EAST RIGHT OF WAY OF U. S. HIGHWAY NO. 1 , A DISTANCE OF
10.0 FEET TO THE POINT OF BEGINNING, THENCE FROM SAID POINT
OF BEGINNING, ALSO BEING A POINT ON THE MEAN HIGH WATER LINE,
AS DETERMINED AND BASED ON AN NGVD ELEVATION PROVIDED BY THE
BUREAU OF SURVEY AND MAPPING AS A CONTOUR LINE, THENCE SOUTH
84°13 ' 30" WEST, A DISTANCE OF 12 .0 FEET; THENCE SOUTH 05°46 ' 30"
EAST, A DISTANCE OF 100.0 FEET; THENCE NORTH 84°13 ' 30" EAST,
A DISTANCE OF 12 .0 FEET; THENCE NORTH 05°46 '30" WEST, A DISTANCE
OF 100 .0 FEET TO THE POINT OF BEGINNING.
CONTAINING 1200 SQUARE FEET.
I HEREBY CERTIFY THAT TO .THE BEST OF MY KNOWLEDGE AND BELIEF,
THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH THE MINIMUM
TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS, IN CHAPTER 61G17-6 FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 .07, FLORIDA
STATUTES .
PETER T. KRICK, P.S .M.
FLORIDA CERTIFICATE #3748
DATE : 8-12-96
NOT A FIELD SURVEY SHEET I OF3
SKETCH AND DESCRIPTION K &
FOR N SURVEYORS,K: LB 4852
PUBLIC EASEMENT FOR
THE VILLAGE OF TEQUESTA P.O. BOX 210334
R.O. REJECT O U T F A L L West Palm Beach, FL, 33421-0334
9040 Belvedere Rd., West Palm Beach, FL 33421 Tele (407) 798-5005
DATE 8-12-96 DRAWN: P.T.K. FIELD: P.S.G. REF: JOB NO:07-034-96
SCALE: 1" = 20' DESIGN: CHK: FB: 245/08 DWG NO: A-515I
Attachment A
Page 4 of 6 Pages
SURVEYOR'S NO1ES: Q
I. NGVD = NATIONAL GEODETIC VERTICAL DATUM.
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AND MAPPING. d- — m N. Q o o
in
CO •-• a'....
CONTOUR LINE OF _ • R
ELEVATION (1-1.N1.2 05:46.30" W
NGVD 1929 ( 10.00' Iti? S 84'13'30" W
N> )4- S 84.13.30" W 49.00' "'la' BULKHEAD UNE NO. I
P 0, LAT BOOK 28,
z PAGES 134-142.
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•
BENCHMARK: STATE ROAD DEPARTMENT BRASS DISC
NORTHWEST WINGWALL OF US HIGHWAY NO. I BRIDGE •
OVER THE LOXAHATCHEE RIVER.
PUBLISHED ELEVATION lc 29.130 (NGVD 1929)
NOT A FIELD SURVEY SHEET 2OF3
SKETCH AND DESCRIPTION K &
FOR N SURVEYORS,NC. LB 4852
PUBLIC EASEMENT FOR
- THE VILLAGE OF TEQUESTA P.O. BOX 210334
R .O . REJECT O U T F A L L YkstPalm Beach, FLU 33421-0334
9040 Belvedere Rd., West Palm Beach, FL 33421 Tele (407) 798-5005
DATE: 8-12-96 DRAWN: P.T.K. _REID: P.S.G. REF: JOB NO: 07-034-96
SCALE: I" = 20' DESIGN: CHK: _ FB: .245/08 DWG NO: A-5151
,Attachment A
Paoa 9 of Fi Paooc
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NOT A FIELD SURVEY. SHEET 3. of3
SKETCH AND DESCRIPTION K &
FOR N SURVEYORS,/NC. 4852
PUBLIC EASEMENT FOR •
THE VILLAGE OF TEQUESTA P.O. BOX 210334
R .O. REJECT O U T F A L L West Palm Beach FL, 33421-0334
9040 Belvedere Rd., West Palm Beach, FL 33421 Tele (407) 798-5005
DATE: 8-12-96 DRAWN: P.T.K. FIELD: P.S.G. REF: JOB NO: 07-034-96
SCALE: I" = 20' DESIGN: CHK: FB: 245/08 DWG NO: A-5151
•
Attachment A
Page 6 of 6 Pages
RESOLUTION NO. 42-96/97
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS
USE AGREEMENT AND AUTHORIZING THE MAYOR TO
SIGN THE SAME ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida Sovereign
Submerged Lands Use Agreement, attached hereto as Exhibit
"A" and incorporated by reference as a part of this
Resolution, is hereby approved and the Mayor of the Village
of Tequesta is authorized to execute the same on behalf of
the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
,•who moved its adoption. The motion was seconded
by Councilmember , and upon being put to a vote,
the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and
adopted this 11th day of September, A.D. , 1997 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
wp60\res\42-96
