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HomeMy WebLinkAboutDocumentation_Regular_Tab 12I_2/10/2000 i , , 1 ' rF,G c `,. A , ,..4., e CO MEMORANDUM TO: Village Council /98 FROM: Thomas G. Bradford, Village Manager / DATE: February 04, 2000 SUBJECT: Tequesta Peninsula Sewering Project; Discharge of Dewatering Effluent onto Tequesta Country Club Property; Agenda Item The Tequesta Country Club and their attorney, Philippe Jeck have agreed with Village Staff that the amount of dewatering associated with Tequesta's replacement of its water mains and stormwater infrastructure, to be done at the same time as the ENCON Tequesta Peninsula' sewer construction, creates minimal dewatering effluent. Nevertheless, Tequesta Country Club desires to have written assurances from Tequesta that the minimal dewatering that will result from our work will be considered as storm drainage so that the protections that inure to the benefit of Tequesta Country Club in the existing Agreement with Tequesta will apply to any minimal dewatering that Tequesta generates during its construction work. In addition to these assurances, Tequesta Country Club wishes for Tequesta to agree to pay attorney's fees in an amount not to exceed $3,000 to cover its expenses in negotiating with Tequesta relative to Tequesta's desire to discharge minimal dewatering effluent onto Tequesta Country Club property. ENCON has agreed to pay Tequesta Country Club attorney's fees not to exceed $6,000. I believe the Club request for payment of attorney's fees not to exceed $3,000 is reasonable and hereby recommend the same to the Village Council. In order to facilitate the timely commencement of the construction activities associated with the Tequesta Peninsula Sewering Project the attached draft letter proposed for signature of Mayor Hansen is included for your review addressing the issues noted herein. Should the Village Council concur with my recommendations, the Village Council should consider authorizing Mayor Hansen to execute the attached draft letter so that outstanding issues with Tequesta Country Club can be resolved to enable the timely commencement of this public works project. Should you have any questions in regard to this recommendation, please contact me. TGB/nmh nmh/Word/MyDocumentsNillage Council/Village Council Memorandum 02-02-00.1 v� �F °f VILLAGE OF TEQUESTA el' iPost Office Box 3273 • 250 Tequesta Drive • Suite 300 - ` ' Tequesta, Florida 33469-0273 • (561) 575-6200 's'Oi o Fax: (561) 575-6203 'Oh coU y February 11 , 2000 VIA FACSIMILE AND FIRST CLASS MAIL Mr. David B. Tesarik, President Tequesta Country Club, Inc . 201 Country Club Drive Tequesta, FL 33469 RE: Tequesta Peninsula Sewering Project; Village of Tequesta Dewatering Dear Mr. Tesarik: As you know, Tequesta will be undertaking infrastructure improvements simultaneous with ENCON' s construction of a gravity sewer system on the Tequesta Peninsula. In order to facilitate Tequesta Country Club approval of Village of Tequesta discharge of dewatering effluent onto Tequesta Country Club property, the Village of Tequesta hereby offers the following assurances in order to receive Tequesta Country Club authorization to discharge dewatering effluent associated with the Village of Tequesta' s construction activities onto Tequesta Country Club property. The Village anticipates that only minimal dewatering will result from the work it will be undertaking on its storm drainage system and potable water system in and around the drainage area being served by the Village' s storm drainage system on Tequesta Country Club property. The Village acknowledges that any dewatering water entering the storm drainage system will be deemed the same as stormwater for the purposes of the Agreement dated 3 , July, 1979, between the Village and the Club. If the dewatering volume is more than minimal , the Village will contact the Club before proceeding so that the two parties can discuss how best to proceed. Additionally, the Village of Tequesta agrees to Recycled Paper either pay directly to Philippe Jeck, Tequesta Country Club counsel in this matter, an amount not to exceed $3 , 000 for his services on behalf of the Club upon submittal of an invoice to the Village or, at the option of the Club, reimburse Tequesta Country Club for its attorney' s fees incurred in this regard in an amount not to exceed $3 , 000 upon receipt of a written request from the Club for such payment . The Village of Tequesta is grateful for the cooperation extended to it and ENCON on behalf of Tequesta Country Club. We will work closely with Tequesta Country Club to minimize any disruption of its activities with the goal of completing this public works project in the most efficient and economical manner. Sincerely, Carl C. Hansen Mayor C: Philippe C. Jeck, Esq. , Jeck, Harris and Jones, LLP Josef Grusauskas, Utility Director, w/attachments Thomas C. Jenson, P .E. , Acting Utility Director, w/attachments nmh\Word\Mydocuments\Village Council\Tesarik 02-02-00 JONES FOSTER Flagler Center Tower,Suite 1100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 &STUBBS, P.A. West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475 Telephone(561)659-3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esq. Direct Dial: (561)650-0458 E-mail:jrandolph@jones-foster.com !Village of Tequesta FEB 0 2 2000 January 31, 2000 VIA FAX: 575-6203 tillage Manager's Office Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Tequesta Country Club - Dewatering Project Our File No. 13153.1 Dear Tom: I believe I copied you with my letter to Philippe Jeck,which I attach. Philippe Jeck wrote me back on January 31,2000,and I am copying you with that letter. The language that he requests in a letter signed by the Village appears appropriate to me,as long as it meets with your approval. If you have no objection, please prepare a letter for your signature or for the signature of the Mayor, after approval by the Village Council. Sincerely, JONES, FOSTER, JOHNSTON& STUBBS, P.A. ohn C. Randolph JCR/ssm Enclosures JONES FOS 1 ER Flagler Center Tower,Suite 1 100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 &STUBBS P e West Palm Beach, Florida 33401 West Palm Beach,Florida 33402-3475 J 1 lJ� 1.1 �- Telephone(561)659-3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esq. Direct Dial: (561)650-0458 E-mail:jrandolph@iones-foster.com January 27, 2000 VIA FAX: 747-4113 Philippe C. Jeck, Esquire Jeck, Harris & Harris, LLP Suite 400 1061 East Indiantown Road Jupiter, Florida 33477-5143 RE: Village of Tequesta Tequesta Country Club Dewatering Project Storm Drainage Agreement Between Tequesta and Tequesta Country Club Our File 13153.1 Dear Philippe: This is to confirm our conversation of yesterday and your advice that your client does not require an amendment to the storm drainage agreement currently existing between Tequesta and the Country Club. I understand that any minimal dewatering that results from work done by the Village which would make its way onto property of the Country Club will be treated in the same manner as storm water,pursuant to the indemnities included within the existing agreement between our clients. Sincerely, JONES, FOSTER, JOHNSTON& STUBBS, P.A. John C. Randolph JCR/ssm cc: Thomas G. Bradford, Village Manager 01/31/00 MON 08:54 FAX 5617464113 JEW% HAKKIJ JUNKS LJ uUc JECK, HARRIS & JONES, LLP Attorneys and Counselors at Law Writer's Direct Line: (561)746-1344 Ext 1 Writer's E-Mail Address: PJECKQJHJLLP.COM 31 January 2000 VIA FACSIMILE (561) 832-1454 John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 RE: Tequesta Country ClubNillage of Tequesta - Dewatering Project Dear Skip: Thank you for your letter dated 27 January 2000. I would appreciate your obtaining a similar letter signed by the Village of Tequesta. I propose that the letter contain the following language: "The Village anticipates that only minimal dewatering will result from the work it will be undertaking on its storm drainage system and potable water system in and around the drainage area being served by the Village's storm drainage system on Tequesta Country Club Property. The Village acknowledges that any dewatering water entering the storm drainage system will be deemed the same as storm water for the purposes of the Agreement dated 3 July 1979 between the Village and the Club. If the dewatering volume is more than minimal the Village will contact the Club before proceeding so that the two parties can discuss how best to proceed." Thank you for your attention to this matter. Currently I am waiting to hear back from ENCON on my draft of the license agreement, which was faxed to Curtis Shenkman yesterday. Very trul , Philippe C. Jeck PCJ/Ics cc: David Tesarik Sl11TE 400,1061 EAST INDIANTOWN ROAD,JUPITER,FLORIDA 33477-5143 (561)746-1002 FAX: (561)747-4113 (561)283-5004(MARTIN COUNTY) FEB. 4.2000 1:35PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.2i15 JONES FOSTER Flaglcr Center lbwer,Suite 1 100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 &STUI3BS p A West Palm Beach,Florida 33401 West Palm Beach,Florida 33402 3475 PA Telephone(561)659 3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esq. Direct Dial:(561)650-0458 E-mail:jrandotph ajonea-foster.com February 4,2000 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta,Florida 33469-0273 RE: Village of Tequesta Tequesta Country Club -Dewatering Project Our File No, 13153.1 Dear Tom, In light of the fax I received yesterday from Phillipe leek which I am forwarding to you, the only modification I would suggest in your letter of February 2, 2000 and your draft letter of February 11, 2000 is to modify the amount to$3,000. In the event that the amount is not satisfactory to the Village,please advise. Sincerely, JONES,FOSTER, JOHNSTON&STUBBS,P.A. John C. Randolph JCRlssm Enclosures O:113I53-011Biadford Lcne4-wpd T-1`EB. 4.2000 1:35PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.3/15 JECK,HARRIS&JONES,u.r wu.r..y,..a Ccub..c i u Iar • w%ir k Daat Lim Dal 710-1141 Aga. I rMKt$lM.,l Aiavw TALL?COM 2 February 2000 VIA FACSIMILE (561)832-1454 John C. Randolph, Esquire Jones,Foster,Johnston &Stubbs, PA 505 South Flagier Drive, Suite 1100 West Palm Beach, FL 33401 RE: Tequesta Country Club/Village of Tequesta-Dowatering Project Dear Skip: We have a fully executed License Agreement with ENCON to use the Village's storm drainage aystem on Club Property. A copy of that License Agreement is enclosed for your information. At this point,the only two outstanding matters are receiving the letter from the Village of Tequesra which I previously requested and for the Village to pay the portion Of the Club's attorney's fees not paid by ENCON. When we last spoke, I was mistaken about the amount of attorneys fees the Club has incurred to date on this matter. I told you that approximately$1,000 were expected to be incurred, of which Encon was paying$6,000, leaving an anticipated short fall of S1.000. I failed to take into account a previously billed, but unpaid, balance of$1,948.75. Therefore, with the$2,000 actual existing short fall and the$1,000 expected for today's time and the remaining time to finalize matters with the Village,the total shortfall Is$3,000. On behalf of the Club. I request that the Village reimburse the Club the$3,000 In attorneys fees. A substantial amount of time was spent meeting with Village personnel, reviewing Village documents, preparing the Amendment to the VIllage's Agreement, etc. The Club moved quickly to address these Issues only to have the Village's easement request withdrawn. It was to the Village's benefit to have the Club undertake this expense. The Village was able to demonstrate 10 ENCON that It was fulfilling its requirements of the Settlement Agreement in pursuing the Club's permission to use the storm drainage system. I look forward to receiving the Village's response on the request to pay this$3,000 attomey's fee bill,which the Club will have to pay if the Village does not. If you have any questions, please let me know. Very truly rs. PCJ/Ics enclosure cc: David Teserik lurrg ice.Ion Ian CVDTANTOWN AOAn.wpm.pnum%52177-S14i (00'i.d-10 C FAX Oa I)747,41 U (5 i)271SOa(1rARi1N COUNTY) -------FEB. 4.2000 1:36PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.4/15 LICENS.e AGREEMENT This License Agreement Is made and entered into on this 1 day of February, 2000, by and between the Loxahatchee River Environmental Control District("Encon"), a public utility in the State of Florida, and Tequesta Country Club {"Club"), a Florida Corporation. Background A. The Village of Tequesta, Florida ("Village") and the Club entered into an Agreement dated 3 July 1979 attached as Exhibit"I" ("Agreement"), which provided for the Village to construct, maintain and operate a storm drainage system within the drainage area which is depicted within the bold lines as shown on Sketch A ("Drainage Area") which Is an exhibit to the Agreement, which includes the Club's ponds, partially on portions of the Club's real property (all of which is legally described on Exhibit"II", "Club Property") as further described in the Agreement. B. Encon, by and through its contractors and subcontractors, desires to use the Village's storm drainage system to dewater construction it undertakes for the installation of a gravity sanitary sewer system (the"Project"). C. The parties believe that this License Agreement will promote the efficient completion of the Project, will reduce the cost of the Project for the benefit of everyone served by the Project and serves their best interests_ In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals, The above recitals are true and correct and incorporated herein, 2. Term, This License Agreement shall commence after Encon has (A)obtained all necessary governmental permits. approvals and authorizations to undertake the dewatering for the Project and delivered copies of the same to the Club, (B) delivered to the Club the certificates of insurance in compliance with Paragraph 5, and (C) paid to the Club the Expenses as defined in Paragraph 8, ("Commencement Dated). This License Agreement shall terminate on the earlier of when the Project is completed or 31 December 2001, whichever first occurs ("Temiination Date'). The "Tenn"of this License Agreement is from the Commencement Date to the Termination Date. in the event Encon is prevented from proceeding with any or all of this Project as stated in this License Agreement, due to a declaration of war, or national emergency, by the United States government, whereas the construction of the Project is specifically prohibited by statute or governmental edict, or due to the stoppages of construction caused by any governmental agency, State, County, or Municipal regulations, orders, restrictions, or due to circumstances beyond Encon's control, then the Term shall extend for the same time periods up to a maximum of a one year extension. 3. Project:Description. The Project is further described in Exhibit Iii. Encon shall perform the Project in accordance with the specifications referenced in Exhibit Ill. 4. (rant or License, The Club hereby grants to Encon, its contractors and subcontractors, a temporary, nonexclusive, nontransferable license during the Term to use the FEB. 4.2000 1:36PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.5/15 Village's storm drainage system on Club Property, including the ponds which are part of the system, for dewatering as necessary solely far the specific purpose of the Project in accordance with Exhibit Ill and for no other purpose. Encon shall cause the quantity of water to be served by the storm drainage system on Club Property to not exceed the specifications described in Exhibit IiI and shall not do anything which would either directly or indirectly increase these volumes so as to violate the design criteria. This Parties acknowledge that(A) the Club assumes no responsibility or liability for and makes no express or implied representations or warranties regarding the Village's storm drainage system or its condition, maintenance, or fitness for the purposes intended herein, (B) Encon shall look solely.to the Village for the use of the Village's storm drainage system or Its condition,.maintenance, or fitness for the purposes intended herein, and (C) the Club has no authority to permit Encore to use the Village's storm drainage system. Encon represents to the Club that it has obtained the permission of the Village to use the Village's storm drainage system as provided in this License Agreement. 5. Insurance. Encon shell cause the Club to be named as en additional insured on any policies of general and environmental liability insurance covering the Project In which Encon is named as an insured, including without limitation the policies Encore requires of its contractor for the Project, Encon shall deliver certificates of insurance to the Club evidencing its compliance with the above. 6. Debris Removal. Eneon represents to the Club that the only governmental entity from whom it is required to obtain permits for the dewatering is the South Florida Water Management District. Encon shall prevent and be strictly liable for the damages caused by and the removal of any slit, debris or pollutants In excess of limits sat by the South Florida Water Management District dewatering permits Encon is required to obtain for the dewatering water entering the ponds on the Club Property and elsewhere on the Club Property as a result of the Project, which originate from Encon's use of the Village's storm drainage system_ 7. Indemnity,. Encon hereby agrees to Indemnify, defend and hold harmless the Club and its directors, officers, employees, agents and attorneys from and to pay and be responsible and liable for any and all rJalms, sults, damages, costs, expenses, personal injury or property damage, or liabilities caused by Encon's use of the Village's storm drainage system. including without limitation, (a) any flooding of the Club Property or any third parties' property, (b)the dewatering of the Project, (c) a violation of the specifications and requirements of the Project, and (d) commencing dewatering prior to having all legal requirements (including permits from appropriate governmental agencies) granted and in full force and effect, but expressly excluding any of the above related to the Club's own negligence in the maintenance of the Club Property. This provision does not intend to confer upon any third parties any rights that they do not otherwise have. This License Agreement does not Impose any liability or obligation on the Club for the construction, operation or maintenance of the Protect or the Village's storm drainage system. e. Exoeres, In consideration for the rights granted to Encon hereunder and as a reimbursement of the Club's anticipated expenses in entering into this License Agreement, Encon shall pay to the Club the amount of $21,000 (Attorney's fees of$6,000 plus $15,000, collectively"Expenses') on the date of this License Agreement 2 FEB. 4.2000 1:37PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.6/15 9. Miscellenoous. 1 pindino Agreement. This document, when duly executed by all parties will be binding upon, and will inure to the benefit or, the parties hereto and their permitted heirs. executors, successors and assigns. .2 t-leedinos. TM word or phrase appearing at the commencement of sections or subsections are included only as a guide to the contents thereof end are not to be construed as controlling, enlarging or restricting the language or meaning of the text. .3 Gender. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. .4 Severebility. If any term, covenant, or condition of this document or the application thereof to any person or Circumstance shall be to any extant held invalid or unenforceable, the remainder of this document or the application of such terms, covenants, and conditions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this document shall be valid and enforceable to the fullest extent permitted by law. .5 F„ghibits_ All exhibits attached hereto shall be deemed part of this document, .6 Gonstructign. This document will not be construed more strictly against one party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the parties. _7 Counterparts and Facsimile. This document may be executed in as many counterparts as Is deemed necessary or appropriate. Each such counterpart will constitute an original and all counterparts together will be one document. This document may be executed by facsimile signature which shall be deemed an original signature binding on the parties as such. .B Authority. The parties have full and complete authorization and power to execute this document in the capacity stated herein and this document is a valid, binding and enforceable obligation of the parties. .9 Third Parties. Unless expressly stated to the contrary in this document, nothing contained in the document.whether express or implied, is intended to confer any rights or remedies under or by reason of this document on any third party as a third party beneficiary or otherwise. _10 IImg. Time is of the essence. .11 Attorneys Fames. If any litigation is instituted for the purpose of enforcing or Interpreting any provision of this document, the prevailing party, as determined by the court having jurisdiction, shall be entitled to recover, in addition to all other relief, an amount equal to all costs and expenses incurred, Including reasonable attorneys' fees and court costs at the pretrial level, the trial level, and in connection with all appellate and bankruptcy proceedings. Fees for paralegals and other legal support personnel shall be a recoverable cost or expense in accordance with the preceding sentence, 3 FEB. 4.2000 1:37PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.7/15 .12 IntegrattQrt. This document contains the sole and only agreement between the parties with respect to the subject matter hereof, and all prior discussions, writings, proposals, letters of intent, oral representations and the like are merged herein. .13 ModjflcetonMiaivor. No change, modification, termination, or attempted waiver of any of the provisions of this document shall be binding upon either party unless reduced to writing and signed by the party to be bound. The waiver or forbearance by either party of any provision or breach of any provision of this document shall not operate or be construed to forfeit any of that party's rights or a waiver or forbearance of any other provision of this document or of any future breach of the provision so waived. .14 SufytvV. Paragraphs 6 and 7 shall survive the termination or expiration of this License Agreement. .15 Fuser Assurances. The parties shall execute such further documents es may be reasonably requested to carry out the Intents and purposes of this License Agreement, specifically without limitation, documentations requested by the South Florida Water Management District In witness hereof the parties sign below effective as of the date first stated above. TEQUEST COU T ,U13 By. avid Tesarik, President „/:; L• • HATC L • u`��:� E IRQNMi T a DISTRICT^ Richard . sent II, Executive Director • FEB. 4.2000 1:38PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.8/15 Exhibit T AGREEMENT THIS AGREEMENT made and entered Into this' Alt. day of T. 1979, by and between the Village of Tequesta, Florida, (hereinafter referred to as the Village) end Teque,ta Country Club (hereinafter referred to as the Club)_ WITNESSETH; WHEREAS, the Village Is a municipal corporation organized and existing under the taws of the State of Florida end has among its purposes the ownership, maintenance and operation of local storm drainage systems; and WHEREAS, the Club Is a Florida corporation which maintains within the Village a golf course for the exclusive use and recreational purposes of the members of the Club; and WHEREAS, parts of the Village pre without adequate storm drainage. and portions of the existing Storm drainage system are overieeeded during severe storm condltiona; and WHEREAS, the Village desires to construct on the property of the Club. por- tions of Its storm drainage system'which will consist of holding ponds and trans- mieslon lines In accordance with the plans and speclficetions of the Village ungi- neer5, Get and Jensen, copies or same being attached hereto; and WHEREAS, It is necessary In order to construct such system that the Club grant to the Village a strictly limited easement for the sole purpose of constructing and m■intainin9 saId system; and WHEREAS. in consideration of the receipt of said easements the Village must provide the Club certain assurances and agreements: NOW THEREFORE, in consideration of the mutual covenants and agreements to be kept and performed by the parties hereto. It Is agreed as follows. 1. The Club hereby grants to the Village a limited and nonexclusive easa- mint (hereafter referred to as "drainage easement") be the sole purpose of in- stalling, maintaining. operating and repairing pipes. lines and other structures for the conveyance*retransmission of storm drainage. as sat fbrth In and in accordance with the plans and specifications of the Village engineers, Cee and Jensen, said plans entitled "Tequssta Country Club Community Drainage improvements", and • Project Manual, dated June a, 1979, end drawings consisting of pages 1 through FEB. 4.2000 1:38PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.9/15 20 dated May of 1979, together with the following change orders which are hereby required by this agreement. a. The waterway between 17th and 10th ponds Is to be open. b. There shall be a bridge crossing the waterway between the 17th and lath ponds, which bridge shall be acceptable to the ciab, In size, appearance and design as set forth on the attached sketch. c_ The width of the lath fairway as shown on sheet 12 of 20 shall be reduced from 90 feet to aS rest. d. The specifications shall be deemed to include the fact that there Is to be no burning or burying of shrubs, tree stumps, or other rubbish; all disposal must be away from the Club property- e. There shall be Installed rip-rap at both ends of the existing connector culvert which connects pond 16 and pond 111. f. The four Inch trensite water main between 17 and to shall be relocated to the were aide of 17 Crean. g. The Club relinqµishes to the Village (and the Village to the contractor) all exeeaa fill which may be removed except 2,000 cubic yards which shall be retained by the Club at the place or places to be designated by the Colf Course Superintendent. Said Project Manuel and drawings are initialed by the parties and are attached to this agreement. The drainage easement herein granted shall remain In effect as Tong as It Is used by the Village for the specific purpose of storm water drainage end shall, at the option'of the Club, terminete upon fellure of the Village to maintain the drainage system or cessation by the Village or use for that purpose. If there is a termination of the seaman% there shall he no termination of the obligations or liabilities of the Village under the terms of this Agreement_ 1. The Club further grants to the Village temporary construction easements and a temporary access easement. The temporary construction easements are desig- nated on the attached drawings as "temporary construction limits'. The only tempo- rary construction access easement being granted by the Club to the Village is marked on the attached drawings and Is located south of the maintenance building on'the west side of Country Club Drive. papasin . The temporary construction easements and the access easement are for the specific and limited purpose of allowing the equipment, machinery, material and personnel of the contractor hired 1 by the Village to maks the drainage Improvements herein described, to have access FEB. 4.2000 1=39PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.10/15 to said facilities. and to allow the contractor to store equipment. machinery, and materials necessary for the construction on the property. The temporary construc- lion easements and the temporary construction access easement shall remain In effect until all drainage Improvements on the Club property have been completed or y until. dl. i479, whichever first occurs. The Village end its contractor Shall be responsible for seeing that all such materials, machinery and equipment are properly and safely. stored. The Village agrees to Indemnify and hold harmless the club for any damages or claims for damages arising therefrom which are not attribut- able to the negligence of the Club, dt►l el e, k,s .+ c,.r.�......, .Irit�.. � t..,Ar. fi..:e .7� 3. As long�'thw w the Club shall pro- vide the Village with a right of access over the Club property at such times and at such point or points as determined by the Club after consulting with the Village so as to allow the Village or Its designated representatives or agents access to all portions •r the drainage system located on the Club property for purposes of maintenance. and repair of the storm drainage system. Control of the pathways for these intenance vehicles within the Country Club grounds shall be determined by the Golf Course Superintendent, or the Chairman of the Green Committee In the♦bs.nc. .r the Golf Course Superintendent, or their respective designated representatives. he Village shall be responsible for and shall repair at Its expanse any damage which .ceurs on said access way or ways, or otherwise, as a result of the moving over said access way or ways of the equipment or personnel of the Village or Its agents. 4. The Club agrees to allow the Village to enlarge certain ponds presently •xisting on the Club property so as to allow said ponds to be utllizled In the overall •relnege project for the on-site retention or water. Said ponds will be enlarged In ecordance with the specifications of the documents attached hereto. The Club ,grees not to Interfere with the use of said ponds for the purpose stated herein as ong as the ponds and other portions•of the drainage system contlnUe to be used •nil operated by the Village In its overall storm drainage system; provided, hat nothing herein shall restrict the Club from the use of such ponds for Its Inter- al drainage. 5. The Club agrees to allow the Village to begin construction of the drainage eroject in accordance with the specification! of the Village engineers as eat forth ` `at vim. �a+ws n the documt ti attached hWr1teto^immed rat ed leis upon nxepaion of this Agreement; FEB. 4.2000 1:39PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.11/15 provided. however, the Village hereby holds the Club harmless from any damages or penalties or claims for damages or penalties which may result from commencing construction prior to having all legal requirements (Including permits from appro- priate governmental agencies) granted and In full Force and effect. API work shall proceed in the manner set forth In said specifications subject to approval by the Club Golf Course Superintendent as co the arms of the Club property in which con- struction shall be allowed to proceed. The Village agrees to promptly pay all bills incurred as a result of the construction on the Ciub'e property and to promptly dim- omega any liens thereon as a result of said Construction. All work shall be Com- pleted by the Village In a timely manner and in no event later than/ tf 1979. This completion date Is en absolute requirement of the Club. In the event It appears to the Club, In its sole and exclusive discretion. at any time within the 14 day 5c/r i1•.-7, 5 •0-, period prior to Itic F, 1979 that the work cannot be completed brAiesgereitelt 1979, the Club shall notify the Village by advising the Village Manager in writing to terminate all work Immediately and to Immediately replace and restore such areas Involved In the project as the Club may designate to as good or better condition than It was prior to the commencement of the workha(Gept such areas which hoe h completed and approved by the Club and except for restoration to be accomplished pursuant to paragraph 61 whereupon the Village agrees to forthwith abide by such request. In ma event the Village fella to forthwith terminate the work with the con- tractor as redured by the Club, the Club may at its option terminate the work by so notifying the contractor end proceed to restoretton at the expanse of the Villayc and I.tee.a,e.1+ 711.4. G.A,6 a�ees rah at no expefiSit to the Club. llimpkiiiihmkorbfailieNalviisra give such notice to terminate or to tk agree~ CJe as&etb stir (4'11u er+e 1Ai►aet nvtlfy the contractor to terminate ( �••u OR K ?nor-fle A r`�i n t�+r tk-&IA, .JA asvrei .a Lar:L..e. rtji.4- "h► Alp • •. •An•4_e•Ill a`1,•..r1•111,111.•a.._.� ••. •a . .• In the event the project Is terminated prior to completion, the Village may not commence again until June 1. 1910 and shill agree to complete the project no later than August 31, 1910, upon the same terms and conditions designer - herein. If the work Is not completed by August 31, 1910, then this entire agreement shall at the option of the Club terminate. 6. Completion of the project for purposes of this agreement shall mean comply FEB. 4.2000 1:39PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.12/15 lion of the instalfallen of transmission lines. all excavation and fill as provided for In the specifications attached hereto, but shall not include restoration of the press and the ground covering to its original condition. The Village agrees to allow the Club to complete said reeturation at the expense of the Village, subject to letting such contract for bid to the lowest and best bidder and subject further to the restora- tion being only to the extent necessary to bring the condition of the property back to a condition as good as existed et the commencement of the construction. The Club shall submit bids to at least 3 firms determined by the Club to be qualified-in golf ceuree restoration. The Village shall pay the Club b per acre restoration fee based upon the bids received end number of scree requiring restoration. the funds necessary to complete the restoration shall be paid in full to the Club by the Village eree,�..•.9 simultaneously upon completion of the restore Once the has been exe- cuted between the Club and the contractor, the Village assumes no further responsi- bility for the restoration work to be performed under that contract. Provided, how- ever, should the work be terminated by notice from or at direction of the Club as provided for above, In Paragraph 5, then there shall be another restoration contract for which, the Village shell pay the Club If the work Is thereafter resumed by the Village on or after June 1, 19110. 7. The Club agrees that no construction or excavation shall be undertaken within the limited area of the easements granteed herein or the retention areas des- cribed in the attached documents which would adversely affect the use or main- tenance of tree system described herein. I_ The Village agrees that the easements granted hereln.shell be utilized for only specific purposes and for the drainage of specific areas described in the attached specifications, and attached engineer's letter, which areas ere deemed to include drainage of the Club property. The drelnage 1I�p s into or 4-6"if,ra VI-1"dt through the proposed drainage ys�+on�the Club property is prohlb j The drainage system Is designed to handle specific volumes or quantities of water as des- cribed in the attached letter from th Village engineer, and nothing shall be per- mitted which is irecontrol of the Village which would either directly or Indirectly increase these volumes so at: to violate the design criteria. The Village shalt be responsible and liable to the Club for any danlag s ec ltting from a vlolatlon of the design criteria of the system. TheeE are presently existing lines extending From , the Club property to the Lox hatcher River■nr1 IN nlhn.• w..►nld. �r•L_ r,.., . FEB. 4.2000 1:40PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.13/15 property. which lines shall continue to be used In the storm drainage system des- cribed herein. Said lines are hereby certified by the Village to be within easements .L of the Village end emseeemereeekeet the Village en een i arc ch E tteriMii�ita+ T sol,A 1►�..,..* are, t3 tar Iar. (pner 1+I {a F tag_ good working order and capable of carrying the Increased dcmenekfr�lub a�aq property. ti - The Village shall maintain all such lines In good working condition to insure the proper and satisfactory drainage of water away from the Club property, 9 The Village shall be responsible for the maintenance and operation of the entire drainage system constructed end operated by the Village and described by the documents attached hereto on the property of the Club. In addition to maintenance of the pipe lines, the"flap gates" and the entire drainage system constructed by the Village on the property of the Club. the Village is responslbie for the removal of slit from ponds used as holding ponds in the Village's drainage system. 10. During the construction process and during operation of the storm drain- age 6yScem and during any future m■Intenanee the Village shill riot impair nor interfere with nor prevent or hinder the proper end reasonable use and enjoyment of the Club property and shall not impair any access to the golf course For the Club's equipment nor for use by the golfers. and all work and operations shell be confined to the areas hereby agreed upon by both parties. Any disruption of soar-vice In the Irrigation system occurring during construction Or future operation or maintenance shall be repaired at the expense of the Village and such repair shall 1&',77mreJ •~ be made linmedletellisdas not to disrupt the irrigation system During construction, the necessary work in this regard shall be done by the contractor, end thereafter the necessary work will be done by the Club. Regardless of whether such service to the irrigation system Is done by the contractor or by the Club. It shall In both cases be done at the expense of and Shill paid for by the Village. Routine maintenance end emergency maintenance shall be completed aS soon as poseible. Coordination of access and timing of all maintenance shall be directed by the Golf Course Superintendent or other duly authorized repro Oeftstive of the Club. - 6- FEB. 4.2000 1:40PM JONES FOSTER JOHNSTON & STUBBS NO.4O9 P.14/15 t t. The Village agrees to Indemnify and hold the Club harmless and to defend the Club and pay ill expenses Incident to such defense from any and all claims of third parties arising from or claimed to be as a result of the insufficiency or failure of the system or the negligence of the Village In the maintenance. operation or construction of said system, The Village Is not responsible, however, for liabilities or claims arising from the negligence of the Club In the maintenance of Its property or in the Intentional or negligent interference with the drainage system on the pro- 772.r<10e=1 .J7 dGa a nc..r • parry• A~ix nJ11"I.do/rfir OI. 12. The Club warrants and defends that it has good indefeasible fee simple title to the real property 1n respect of which the eusem.nt rights are granted end the easements contained herein shall run with the lend and shall be binding upon and in ure to the benefit of any other governmental agency or entity into which the Village might be merged or consolidated. 13. In any litigationtrieing out of th-is contract, the prevailing partldshall be entitled to the recovery of all costs and expenses, including attorneys fees at an trial and appellate levels. 14. The Club shall net be liable to the Village or any third parties for failure of the system to operetta properly, nor for any damages caused by the storm drainage system, except as may be occasioned by the negligence of the Club in the maintana of Its property or In the Intentional or negligent interference with the drainage sys • •er- ertwlecs ei/i(co on the property. ,/ ►(.fGt✓ • Ch gyp,,, �. y ecdop .. • . •• - iter•vt"tfttf•Cttsb a 1,Jr. The Village agrees In reimburse the Club for the cost of all treei to be replaced which will be destroyed. It is estimated that there will re 60 to 65 such trees and that the Club will be reimbursed at the rate of$60.00 per each tree destroyed. The $60.00 per tree shall paid by the Village directly to the Club for use by the Clu .es it may deem appropriate, a'vrtk p. f�l ut Wilt. Ala( C.12. j7+iISbD.03^ft Ceet r fly C.05 oc hut Cab in t elevd. o L+ •ee S . c Subsequent le completion of construction. Village shall have access to Club property for purpose of Installing lines from off-club property to the ponds: This wilt not interfere with play on the golf Course and shall be as directed by the COIF Course 5unerintenriere FEB. 4.2000 1:41PM JONES FOSTER JOHNSTON & STUBBS NO.409 P.15/15 lI, Evsr though It Is provided by the terms of thla Agreement and by the pions end specifications attached hereto that the Club, through Its Coif Course Superintendent, may coordinate phasing of Improvements, direction of scceis points and times and otherwise. It is clear thit the Club has no control over engineering specifications and materials used In the drainage system and that said decisions are to be made solely by the Village through its engineers which shall be free from any interference In said regard from the Club. Witnesses: TEQUESTA COUNTRY CLUn resident ATTEST- Witnesses: VILLAGE OF TEQUESTA ezefie-46-4--- 6Y T `r Mayer A Illaga lerk eMFifIw..ws• ---� far . _