HomeMy WebLinkAboutDocumentation_Regular_Tab 15_10/15/20091. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
10-15-09 Meeting Type: Regular Ordinance #: s;i+cfe t~iere tt~ inter text.
Consent Agenda: No Resolution #: Click here to enter text.
Originating Department: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval of Emergency Temporary Special Exception for location of temporary Fire Station.
3. BUDGET /FINANCIAL IMPACT: NONE
Account #: ~;',ch here to enter text. Amount of this item: Glick here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
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Budget Transfer Required: Choose an Appropriate Fund Balance: L;+~+a~~se on ite~-;~.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The re-routing of the Tequesta Bridge traffic has created the need to establish a Fire Station at 188
River Drive, in a Residential Zoning District R-1 A. We are seeking approval of a Temporary Special
Exception for a period of approximately eight (8) months, for a Fire Station in a Residential Zone (R1A),
in order to preserve the Health, Safety and Welfare of the Community.
5. APPROVALS:
Dept. Head Fi nce Director: ^ Reviewed for Financial
Sufficiency
^ No Financial Impact
Attorney: (for legal sufficiency)
Village Manager:
~~
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM:
• DENY ITEM: ^
Form amended 08/26/08
Yes ] No [~
Routing Sheet Process
1. Send ALL completed forms to
Finance for review ONE WEEK prior
to agenda items due into Clerk's
Office.
2. Finance sends Routing Sheet to
Clerk by deadline.
3. Clerk formulates agenda and sends
to Manager for review J approval.
RESIDENTIAL LEASE
AGREEMENT OF LEASE, made this S day of October, 2009, effective Ql~ • ~ , 2009,
between TIMOTHY J. and BETH W. LAWRENCE, his wife ("Landlord") having a mailing address of 4412
County Line Road, Tequesta, Florida 33469; and THE VILLAGE OF TEQUESTA, a municipal corporation with
offices located at 345 Tequesta Drive, Tequesta, Florida 33469 ("Tenant") proposing to lease that certain single
family residence located at 188 River Drive, Tequesta, Florida 33469.
1. PREMISESlTERM. Landlord leases to Tenant the single family residence located at 188 :River Drive,
Tequesta, Florida 33469 (hereinafter referred to as "Premises'") for an initial term of seven (7) months (the "initial
Term") commencing on the ~ day of October, 2009, and ending on the~_ day of May, 2010, and continuing
on a month to month basis, if needed by the Village, as more particularly set forth herein. However, if the
Tequesta Bridge project is completed sooner than the expiration of the Initial Term, the Tenant may vacate the
premises with no penalty or further payment of rent upon fifteen (1 S}days notice to Landlord.
2. RENT. Tenant agrees to pay the rent without any deduction or prior notice as follows: $700.00 on or
before the ~ day of October, 2009, and a similar sum payable in advance on the ~ day of each month
thereafter during the term and any extensions, at the mailing address of Landlord hereinabove set forth or other
such place as Landlord may designate, except that Tenant shall pay the first monthly installment on the signing
hereof. If the monthly payment of rent is not received by the Landlord within ten (10) days from the date it is
due, a "late charge" of four percent (4%} of such payment shall be due Landlord as additional rent.
3. OCCUPANCY. The Premises shall be occupied by Tenant only for residential purposes to house fire
rescuelpolice personnel on a temporary basis in order to serve portions of the Village made difficult to access by
the temporary closing of the Tequesta Bridge. The Premises may not be used for illegal, immoral or improper
purposes.
4. ASSIGNMENT AND SUBLETTING. Tenant shall not assign the Lease, or sublet the Premises or any
part thereof, or permit the Premises ar any part thereof, to be used or occupied by anyone other than
agents/employees of Tenant, without the prior consent of Landlord.
5. REPAIRS. Tenant shall take good care of the Premises and Landlord's appliances and furnishings
therein, and shall maintain them in good order and condition, ordinary wear and tear excepted.
6. UTILITIES. Landlord agrees to pay for all utilities, excluding electricity and telephone which shall be
paid for by Tenant during the term of the Lease. Tenant is responsible for making all arrangements with the
electric and telephone companies in Tenant's name, including required deposits, for all services to be paid by
Tenant. Tenant shall make reasonable provisions for and shall pay the cost of pool service.
7. OBLIGATIONS OF TENANT.
A. Tenant shall be responsible to the extent not covered by Landlord's insurance for all conditions
created ar caused by the negligent or wrongful act or omission of Tenant, or other person on the Premises with
Tenant's consent. Tenant shalt list Landlord as an "Additional Insured" on any insurance procured by the Tenant
and will hold the landlord harmless from and against any and all claims, demands, or lawsuits arising out of or in
anyway connected with Tenant's use of the premises.
B. Tenant, at all times during the tenancy, SHALL:
i. Clean and Sanitary. Keep the Premises clean and sanitary, remove all garbage in a clean
and sanitary manner, and keep all plumbing fixtures clean, sanitary and in repair.
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ii. Use of Appliances. Use and operate in a reasonable manner all electrical, plumbing,
sanitary, heating, cooking ventilating, air-conditioning and other such facilities, appliances and equipment.
iii. Nei hors. Conduct himself or herself and require persons on the Premises with Tenant's
consent to conduct themselves in a manner that does not unreasonably disturb Tenant's neighbors or constitute a
breach of peace.
iv. Compliance with Laws. Comply with all present and future laws and regulations of
Federal, State, County and Municipal authorities which affect the use or occupation of the Premises.
C. Tenant, at all times during the tenancy, SHALL NOT:
i. Damage. Destroy, deface, damage or remove any part of the Premises or property therein
belonging to Landlord, or permit any person to do so.
ii. Waste. Commit waste on the Premises or maintain or permit to be maintained a nuisance
thereon.
iii. Chances and Alterations. Make any changes, alterations or improvements in or to the
Premises without Landlord's prior written consent.
8. DEFAULT.
A. If Tenant fails to comply with the provisions of the Lease, other than failure to pay rent, and such
noncompliance is of a nature that Tenant should not be given an opportunity to cure it, Landlord may serve upon
Tenant the seven (7) day notice referred to in Section 83.56, Florida Statutes, whereupon the Lease shall
terminate and Tenant shall have seven (7) days to vacate the Premises.
B. If such noncompliance is of such a nature that Tenant should be given an opportunity to cure it,
Landlord may serve upon Tenant the seven (7) day notice referred to in Section 83.56, Florida Statutes,
whereupon Tenant shall have seven (7) days to remedy the noncompliance and, upon Tenant's failure to timely do
so, the Lease shall be deemed terminated and Tenant shall vacate the Premises upon such termination.
C. If Tenant shall default in the payment of rent or additional rent, and such default shall continue
three (3) days after the giving of the written three (3) day notice referred to in Section 83.56(3), Florida Statutes,
Landlord may terminate the Lease and retake possession of the Premises; and Tenant shall remain liable to
Landlord and shall surrender possession of the Premises to Landlord.
9. DESTRUCTION OF PREMISES.
A. If the Premises are damaged or destroyed so that the enjoyment of the Premises is substantially
impaired, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until
the date when the Premises have been repaired or restored by Landlord, provided, however, that in the event of
such substantial impairment, Landlord or Tenant shall have the right to terminate the team of the Lease by giving
notice to the other of his exercise of such right at any time within thirty (30) days after the occurrence of such
damage or destruction. If this notice is given, the term of the Lease shall terminate on the date specified in the
Notice (which shall be not more than fifteen days after the giving of such notice), as fully and completely as if
such date were the date set forth in the Lease for the termination of the Lease. If Tenant exercises the option to
terminate the Lease, Tenant must immediately vacate the Premises. If neither party has given notice of
termination as herein provided, Landlord shall proceed to repair the Premises, and the Lease shall not terminate.
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B. If the Premises shall be partially damaged or partially destroyed, without substantial impairment
of Tenant's enjoyment of the Premises, the damages shall be repaired by and at the expense of the Landlord and
the rent until such repairs are made shall be apportioned according to the part of the Premises which is usable by
Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant resulting in any way from
such damage or the repair thereof. If the Premises are partially damaged or partially destroyed as a result of the
wrongful or negligent act of Tenant, a member of Tenant's family, or other person on the Premises with Tenant's
consent, there shall be no apportionment or abatement of rent.
10. FEES AND EXPENSES. If Landlord or Tenant is required to take any action to enforce the Lease, or to
defend the validity of or interpret the Lease, then the prevailing party shall be entitled to recover all costs and
expenses incurred thereby, including court costs and reasonable attorneys' fees at all trial and appellate levels.
11. END OF TERM /ABANDONED PROPERTY. At the end of the Initial Term (seven (7) months) unless
terminated earlier in accordance with Section 1 above, Tenant shall be allowed to continue to lease the premises
on a month-to-month basis with notice to the Landlord thirty (30) days prior to ternunation of the Initial Term. At
the end of the Initial Term and any extensions, Tenant shall surrender the premises to Landlord, broom clean, and
in as good condition as they were at the beginning of the Lease, ordinary wear and tear, and damage by fire and
the elements excepted, and Tenant shall remove all of Tenant's property. All property, installations and additions
required to be removed by Tenant at the end of the Lease which remain in the Premises after the Tenant has
vacated shall be considered abandoned by Tenant and, at the option of the Landlord, may either be retained as
Landlord's property or removed at Tenant's expense.
12. WAIVER OF TRIAL BY JURY. Landlord and Tenant hereby waive trial by jury in any action,
proceeding or counterclaim brought by either party against the other pertaining to any matters whatsoever arising
out of or in any way connected with the Lease or Tenant's use and occupancy of the Premises, other than an action
for personal injury.
13. QUIET ENJOYMENT. The Landlord agrees with Tenant that, upon Tenant paying the rent and
performing all of the terms, covenants and conditions of the Lease on Tenant's part to be performed, Tenant may
peaceably and quietly enjoy the Premises.
14. LANDLORD'S RIGHT OF INSPECTION. The Landlord's right to enter the Premises shall be governed
by the provisions of Section 83.53, Florida Statutes, it being understood that hurricanes or severe storm warnings
shall constitute an emergency under such Section.
15. "AS IS". Tenant (or Tenant's agent) has inspected the Premises and is familiar and satisfied with its
present condition. The taking of possession of the Premises by Tenant shall be conclusive evidence that the
Premises were in good and satisfactory condition at the time such possession was taken.
16. NO WAIVER OF LEASE TERMS. The failure of Landlord or Tenant to take any action against the
other for violation of any of the terms of the Lease shall not prevent a subsequent act of a similar nature from
being a violation of the Lease. No actor agreement to accept surrender of the Premises from Tenant shall be valid
unless in writing signed by Landlord.
17. INTERRUPTION OF SERVICE. Interruption or failure of any service required to be furnished to Tenant
by Landlord if due to causes beyond Landlord's control shall not entitle Tenant to any allowance or reduction of
rent.
18. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over
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time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit.
19. A facsimile or email copy of this Residential Lease with signatures thereon will be considered for all
purposes as originals. This Lease may be signed in counterparts.
20. NO ORAL AGREEMENTS /SUCCESSOR INTERESTS. The agreements contained in the Lease set
forth the entire understanding of the parties, shall be binding upon and shall inure to the benefit of the respective
heirs, successors, assigns, and legal representatives of the parties hereto and shall not be changed or terminated
orally.
IN WITNESS WHEREOF, the parties have executed the Lease as of the day and year first above written.
Signed, sealed and delivered in the Tenant:
presence of two (2) witnesses:
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`' THE VILLAG F TE
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As To Tenant ;cn~ ATEp :~ _
Signed, sealed and delivered in the %,,~Ojp FLOP~~`''~ Landlord•
presence of two (2) witnesses: ''"i+~+++~~~~~~~`"'
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TIMOT .LAWRENCE
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BETH W. LAWRENCE `'
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~ ~ I HEREBY CERTIFY this survey meets the Minimum Technical Standards set forth by e F 'da Board of Pr tensional Surveyors and
Mappers in Chapter 61G17-6, Florida Adminlsirative Code, pursuant to Section 472.027, torida. t t s.
This survey is invalid without embossed surveyor's seal. J
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REFERENCES T/%
SCALE ~~-~~ ~ MILLER LAND SURVEYING Tio ~----
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DR y Q~ 401 WEST LAN7ANA ROAD ~- ~Q~- ~G
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