HomeMy WebLinkAboutDocumentation_Regular_Tab 9-14_03/10/2005
Memorandum
TO: Michael R. Couzzo, Jr., Village Manager
FROM: Stephen J. Allison, Chief of Police,
Subject: Council Agenda Item
Date: February 28, 2005
The finance director called to my attention an error in the November 13, 2003,
Council agenda that should be corrected.
Under Item (J) (ii) of the Consent Agenda, the Village Clerk mistakenly included
in the item summary "($7,500.00 our cost.)" The backup documentation for
this item included an amendment of the Rooftop Lease Agreement the Village
has with Ocean Towers South Condominium.
The amendment to the agreement clearly states that the Village will make a
payment not to exceed $15,000.00 for the cost of installing a new generator. It
further states that the Village will make this payment in three equal annual
payments not to exceed $5,000.00 per year.
I want to make sure that the Council and residents, who did not see the backup
documentation, fully understand the cost of the amended agreement.
•
•
AGENDA
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
THURSDAY, NOVEMBER 13, 2003
7:00 p.m.
399 SEABROOK ROAD
TEQUESTA, FLORIDA 33469
Summarized
WELCOME!
I. CALL TO ORDER AND ROLL CALL
II. INVOCATION AND PLEDGE OF ALLEGIANCE
• Council Member Geraldine A. Genco
III. APPROVAL OF AGENDA
IV. PRESENTATIONS AND PROCLAMATIONS
A. Presentation to the Jupiter Tequesta Junior Woman's Club (JTJWC) in
appreciation of their work on "Tequesta Fest."---Council Member
Geraldine A. Genco
Summary: Plaque presentation to the JTJWC for promoting and
organizing the second annual "Tequesta Fest."
B. Presentation of 10-yeaz Water System Financial Forecast and Revenue
Analysis.-Village Manager Michael R. Couzzo, Jr., Utitity Engineering
Consultants
Summary: Ten year forecast to identify trends in the cost of
operations and revenue changes, recognize anticipated changes in the
service area demographics, and to identify potential business
strategies necessary to maintain the financial position of the Tequests
Water System.
V. CONSENT AGENDA
• All items listed under Consent Agenda are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a
• Village Council Member so requests, in which event the item will be removed
from the Consent Agenda and considered in its normal sequence on the Agenda.
A. Regular Village Council Meeting Minutes of October 6, 2003.-Village
Clerk Mary Miles
Summary: Copy of minutes available from the Village Clerk.
B. Resolution No. 8-03/04-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, awarding the second
year contract to Line-tec, Inc., of Boynton Beach, Florida, in the amount
of $30,582.50 for touch read water meter installation, having a FY
2003/2004 Renewal and Replacement Fund #401-411-652.601 allocation
of $127,000.00, and authorizing the Village Manager to execute the
applicable contract on behalf of the Village.-Village Manager/Utilities
Director Michael R. Couzzo, Jr.
Summary: Purchase of touch read water meter installation service
from Line-tec, Inc. in the second year of a budgeted four-year
replacement program. The program was originally scheduled for five
years; however, due to lower than ezpected installation fees and lower
meter costs, the program has been reduced to four years.
• C. Resolution No. 9-03/04-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, awarding a contract to
Invensys Metering Systems, of Norcross, Georgia, in the amount of
$86,457.82, for touch read water meters, having a FY 3004/3004 Renewal
and Replacement Fund #401-411-652.601 allocation of $127,000.00, and
authorizing the Village Manager to execute the applicable contract on
behalf of the Village.-Village Manager/Utilities Director Michael R
Couzao, Jr.
Summary: Purchase of touch read water meters in the second year of
a budgeted four-year replacement program. Last year we purchased
from Sunstate Meter; however, we are switching to Invensys, who
allows us to refurbish onr old meters with a touch read module, giving
the same warranty as a new meter, and their prices are lower for all
of their meters.
D. Resolution No.10-03/04-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, approving a proposal
from Mike Davidson Ford, of Jacksonville, Florida, for two Ford Crown
Victoria Police Cars per the Florida Sherii~s Association bid award 03-
11-0825 in the amount of $42,658.00, having a FY 2003/2004 General
Fund Police Department Budget Allocation of $46,000.00 and authorizing
the Village Manager to execute the applicable contract on behalf of the
• Village. Police Chief Stephen J. Allison
Summary: Badgeted purchase of two Ford Crown Victoria police
cars piggybacking a contract from the Florida Sheriff's Association.
2
r~
U
E. Resolution No. 11-03/04-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, approving the purchase
of one (1), 2004 Chevrolet Tahoe, 4x4, from Lou Bachrodt Chevrolet
Commercial Vehicles, Inc., of Coconut Creek, Florida, low bidder, for the
net capitalized cost of $31,195.00, purchased with lease purchase
proceeds, from a sixty (60) month lease purchase program, provided by
GMAC Commercial Services Group, having an annual interest rate of
5.65%, having monthly payments of $595.22 made in advance, having the
firs nine (9) months of payments budgeted to the FY 03/04 budget year,
and authorizing the Village Manager to execute the applicable contracts on
behalf of the Village. Fire Chief James Weinand
Summary: Budgeted lease purchase of 2004 4X4 Chevy Tahoe for the
Fire Department. Payments will extend over a 60-month period, with
a final buyout of $1.00.
F. Resolution No. 12-03/04-A Resolution of the Village Council of the
Village of Tequesta, Florida, approving the purchase of one 2004 F150
4X2 Crew Cab, from Mike Davidson Ford, of Jacksonville, Florida, low
bidder, for the net capitalized cost of $21,348.00, purchased with lease
purchase proceeds, from a 36-month lease purchase program, provided by
Ford Motor Credit Company, having an annual interest rate of 4.90%,
having monthly payments of $655.63, having the first nine months of
payments budgeted to the FY 03/04 budget yeaz, and authorizing the
Village Manager to execute the applicable contracts on behalf of the
Village-Parks and Recreation Director Greg Corbitt
Summary: Budgeted lease purchase of a 2004 Ford F150 Crew Cab
for the Parks and Recreation Department. Payments will extend over
a 36-month period, with a final buyout of $1.00.
G. Resolution No.13-03/04-A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, awazding a one-yeaz
contract for monthly service of lawn and landscape maintenance at
Tequesta Park to Sheehan Turf Caze, Inc., of Tequesta, Florida, in the
amount of $23,650.00, having a FY 2003/2004 budget allocation of
$31,092.00, and authorizing the Village Manager to execute the contract
on behalf of the Village. Parks and Recreation Director Greg Corbitt
Summary: Awarding aone-year contract for lawn and landscape
maintenance for Tequesta Park to Sheehan Turf Care, Inc., in the
amount of $23,650.00, having a budget allocation of $31,092.00 for
this fiscal year.
H. Resolution No.14-03/04-A Resolution of the Village Council of the
• Village of Tequesta, Palm Beach County, Florida, awazding a purchase to
Mike Davidson Ford, of Jacksonville Florida, in the amount of
$27,014.00, fora 2004 F-150 Pickup truck having a FY 2003/2004
3
• Renewal & Replacement Funds #403-250-664.604, and 401-411-664.602
allocation of $36,500.00, and authorizing the Village Manager to execute
the applicable contract on behalf of the Village.-Village Manager
Michael R. Couzzo, Jr.
Summary: Budgeted purchase of a 2004 F-150 Pickup Truck for the
Utilities Department piggybacking a contract from the Florida
Sheriff s Association.
I. Resolution 15-03/04-A Resolution of the Village Council of the Village
of Tequesta, Palm Beach County, Florida, awarding a contract to William
H. Murphy General Contractor, of Hobe Sound, Florida, in the amount of
$20,430.50 for facility improvements and renovations at Tequesta
Recreation Center, having a FY 2003-2004 budget allocation of
$26,000.00, and authorizing the Village Manager to execute the applicable
proposal on behalf of the Village. Parks and Recreation Director Greg
Corbitt
Summary: Budgeted purchase of services for improvements and
maintenance at the Tequesta Recreation Center, including painting,
expansion of Director's Office, installation of lighting, and pressure
washing of the gazebo.
• J. Ratification of contracts for the Month of November 2003 pursuant to
Village Charter Section 3.03 (9).-Village Clerk Mary Miles
i. Three year maintenance agreement for the Public Safety Building's
air conditioning systems.
Summary: Budgeted maintenance for the Public Safety
Building's air conditioning systems in the amount of $3,400 for
this fiscal year.
ii. Amendment to Rooftop Lease between Ocean Towers South
Condominium Apartments and Village of Tequesta, Florida.
Summary: Amendment to Rooftop Lease Agreement that
provides housing for Fire and Police radio equipment. It adds
50% of the cost of a new generator not to exceed $15,000.00
($7,500.00 our cost).
VI. DEVELOPMENT MATTERS
A. Quasi-Judicial Public Hearing for Special Exceptions. Praxair and Urgent
Care Center located at One Main Street (JMZ Properties}-Director of
Community Development Jeffrey C. Newell
i. Swearing-in of witnesses, en masse
• ii. Disclosure of ex-parte communication
iii. Testimony
a. Applicant comments
4
r` V"
• O H CONDOMINIUM ASSOCIATION INC.
OCEAN TOWERS S UT
100 6EACH ttpAD•P.O. IiOX 5473
TEQGESTA, FLORIDA 33~G9
December 15, 2003
Chief Allison
Tequesta Police Depart.
357 Tequesta Drive
P.O. Box 3273
Tequesta, FL 33469-0273
Dear Chief Allison
• Enclosed is the signed agreement, and we will notify you promptly when the new generator
installation is completed.
We want to thank you for your kind consideration in this matter.
Sincerely,
Dick Cliggott
•
•
AMENDMENT TO ROOFTOP LEASE AGREEMENT
This amendment (the "Amendment") to the Rooftop Lease Agreement (the "Agreement")
is made this -L day of October, 2003 between Ocean Towers South Condominium Apartments
("Landlord") and Village of Tequesta, Florida ("Tenant").
RECITALS
1. On April 18, 2001, Landlord and Tenant entered into the Agreement.
2. Landlord and Tenant wish to amend the Agreement as provided for herein.
NOW THEREFORE, in consideration of the premises and for other good and valuable
• consideration the receipt and adequacy of which the parties acknowledge and agree as follows:
1. Generator. Landlord shall replace the existing generator which provides
secondary power to Tenant's facilities. Tenant shall pay 50% of the reasonable costs of
obtaining and installing the generator in an amount not to exceed $15,000 (the "Generator
Cost"). Tenant shall pay the Generator Cost in 3 equal annual payments in an amount not to
exceed $5,000 per year. The first installment shall occur within 30 days after Landlord notifies
Tenant in writing that the generator is installed and is working properly.
2. System Enhancement. Tenant shall have the right to place additional
equipment and/or replace its existing equipment if so required by changes in usage and/or
technology.
3. Indemnification. Except as provided in paragraph 1, Landlord shall indemnify
and hold Tenant harmless for any costs, expenses and/or liabilities incurred directly by Tenant as
a result of Landlord's installation of the generator. Notwithstanding any of the above, this
indemnity and hold harmless shall not apply to any claim against Tenant for consequential
damages or any other liability of Tenant to a third party arising out of the failure of the generator
to function properly.
4. Attorneys Fees. In the event of any disputes and/or action arising from the
Agreement and/or Amendment, the prevailing party may be awarded reasonable attorneys fees
• and costs.
5. Reinstatement. Except as expressly amended in this Amendment, the
Agreement and Amendment are in full force and effect in accordance with its provisions.
•
above.
WHEREFORE, the parties hereby enter into this Amendment as of the date first set forth
Signed, sealed and delivered in the
Presence of:
LANDLORD:
OCEAN TOWERS SOUTH
CONDOMINIUM APARTMENTS
•
y~ ~
Print Name: ~ ~ t,S I)1 ~~ 1Z 2 ~ n i
Its: 1='r C' S s `[,/f' ~i
TENANT:
VILLAGE OF TEQUESTA
•
Witness
`~~
Print Nam~1~~~:nl~ 1 L~l ~~L~G'%
R.
e A ~ .
~. ~ ~
Wi ess
Print Name: b ~ ~,~ ~,r ~ ~Q, l
Witness ;
Print Name: /~,Q,e y /J7s ccs
~~-~~a-
Witness
Print Name:__s~Epvca .T. AGGtdO.d
719009
Print Name: ,; ~` ~ izo
Its: ~'~` ~ ~.L
2
% ~ ri 6~1
r
(~ ~ U,JL~- ~ .
,y ~ 2~'
~'VEISS SEr~OTA HELF'MAN ~ti~rr
• PASTbRIZA GUEDES COLE & BONISKE, P.A.
ATTORNEYS AT LAW
MITCHELL A, BIERM AN
NINA L. BONISKE
JAMIE ALAN COLE
EO WARD G. GUEDES
STEPHEN J. HELF MAN
JOHN R. HERIN, JR.
GIL6ERTU PASTORiZA
GARY I. RESNICK
JOSEPH H. SEROTA
NANCY E. STROUD
RIC HARD JAl' WE155
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
THOMAS J. ANSBRO•
LILLIAN ARANGO DE LA HOZ•
ALISON 5. RIFLER
MITCHELL J. BURNSTEIN
ELAINE M. COHEN
STEPHANIE DE UTSCH•
Mr. Stephen J. Allison
Chief of Police
Tequesta Police Department
• 357 Tequesta Drive
Tequesta, Florida 33469-0273
•QF COUNSEL
October 29, 2003
JENNtFfR A. GOLDBERG
DOUGLAS R. GONZALES
M,1RK B. KRAVITZ
CHRISTOPHER F. NURTZ
HARRIET R. LEWIS•
PETER A. LICNTMAN
KAREN LIEBERMAN•
MATTHEW H. MANOEL
BE RNARO 5. MANDLER•
MICHAEL J. MARRERO
ALEXANDER L. PALENZUELA-MAORI
MICHAEL 5. POPOK•
ANTHONY L. RECIO
MAP.K A. ROTHENBERG
SCOTT A. ROBIN
DANA. J. SCHINOLER
GAIL D. SERO7A•
JEFFREY P. SHEFFEL
MIA M. SINGH
JOSE S. 7ALAVERA
SUSAN L. TREVARTHEN
Re: Amendment to Rooftop Lease between Ocean Towers South Condominium
Apartments and Village of Tequesta, Florida (the "Amendment")
Dear Mr. Allison:
Enclosed please find the revised Amendment which incorporates changes requested by
the landlord. The enclosed redline copy highlights the changes. The Amendment is ready for
approval by the Village Council.
Should you have any questions, please do not hesitate to contact me.
•
GP/ms
Enclosure
cc: Michael R Couzzo, Jr., Village Manager
MIAMI-DADE OFFICE
2665 SOUTH BAYSHORE DR1~'E
SUITE 420
MIAMI, FLORIDA 33133
TELEPHONE 305-854-0800
TE LECOPIER 305-654-2323
WWW.WS H-F LALAW.COM
BIiO WARD OFFICE
3107 STIRLING ROAD • SUITE 300
FORT LAUDERDALE, FLORIDA 33312
TELEPHONE 954-763-4242 • 7ELECOPIER 954-764-7770
/ L
C.-,L~ c~.f~~-~~
RESOLUTION NO. 28-00/O1
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A LEASE AGREEMENT WITH OCEAN TOWERS
SOUTH CONDOMINIUM, 100 BEACH ROAD, TEQUESTA,
FLORIDA, FOR THE PLACEMENT OF FIRE AND POLICE
DEPARTMENT RADIO COMMUNICATIONS EQUIPMENT AND
ANTENNAS AT OCEAN TOWERS SOUTH CONDOMINIUM, AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
APPLICABLE CONTRACT 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 proposed lease agreement with Ocean
Towers South Condominium Apartments of Tequesta, Florida,
for the placement of Fire acid Police Department radio
communications equipment and antennas at Ocean Towers
South Condominium, attached hereto as Exhibit "A" and
incorporated by reference as part of the Resolution, is
hereby approved.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmernber
von Frank who moved its adoption. The
motion was seconded by Councilmember
Teal ac-k and upon being put to vote,
the vote was as follows:
FOR ADOPTION
Geraldine A. Genco
Joseph N. Capretta
Sharon D. Walker
•
Basil E. Dalack
AGAINST ADOPTION
Russell J. von Frank
•
The Mayor thereupon declared the Resolution duly passed
and adopted this 12th day of April, A.D., 2001.
MAYOR OF TEQUESTA
.t.ea2t~.rv
ine A.
•
•
C
ROOFTOP LEASE AGREEMENT
THIS LEASE is dated and entered into on ~~, , ,2001("Execution Date")
between OCEAN TOWERS SOUTH CONDOMINIUM APARTMENTS, a condominium
association ( Landlord ), and the VILLAGE OF TEQUESTA, FLORIDA, an incorporated Florida
municipality ("Tenant").
1. Leased Property and Permitted Uses. Landlord hereby leases to Tenant the
following premises (hereinafter referred to, collectively, as the "Property"): that portion of the
surface of the roof level of the Building as depicted on Exhibit A attached hereto and a 3' x 6' room
in the property's elevator equipment room pursuant to the proposal attached hereto as Exhibit B .
As used herein, the "Building" shall mean the building having a street address of 100 Beach Road,
Tequesta, Florida 33469, and as located on that certain pazcel of real property described on Exhibit
C attached hereto (the "Pazcel"). The Property may be used far (i) the transmission and reception of
communication signals, (ii) the construction, alteration, maintenance, repair, replacement and
relocation of related antennas and facilities, including equipment room, and (iii) activities related
to any of the foregoing (collectively, "Tenant's Permitted Use").
2. Initial Term. The initial term of this Lease shall be 5 years, commencing 30 days
after the Execution Date, which shall be referred to_ as-the."Lease Date". The initial... term of this
• -
Lease shall expire at midnight on the day before the 5th anniversary of the ease a e.
3. Renewal Term. This Lease shall automatically renew for subsequent additional five-
year terms ("Renewal Terms") unless Tenant notifies Landlord in writing of Tenant's intention not
to renew this Lease at least 180 days prior to the expiration of the initial term.
4. Rent. There shall be no rent for the use of the premises, however, in consideration
of the use of the premises the Tenant shall provide a fire watch at no charge to the Landlord while
the Landlord's fire alarm system is being replaced. Additionally, Landlord's building shall be placed
on the Comprehensive Emergency Management Plan as a critical structure.
5. Improvements: Access.
A. Tenant shall have access to the Property to install, construct, maintain, modify and
replace, at its expense, on the premises radio and other communications transmitting and receiving
antennas, supporting mounts, cables and equipment relating thereto (collectively the "Antenna
Facilities"). Tenant will show these alterations on plans submitted to Landlord for Landlord's
approval. All work by Tenant shall be performed in compliance with Landlord's rules and applicable
laws.
B. The Antenna Facilities shall remain the exclusive property of Tenant and Tenant shall
• have the right to remove all or any portion of the Antenna Facilities at any time during the term of
this lease and for ninety days thereafter. After termination of this lease, Tenant will return the
property and all improvements thereon not removed by Tenant in good condition. Any Antenna
Facilities not removed by Tenant shall become the sole property of Landlord and Tenant shall have
•
no further rights, obligations or liabilities with respect thereto, provided, however, that upon
termination of the lease, the Landlord may require removal by Tenant of any or all of its facilities
and restoration of the premises to good condition, reasonable wear and tear excepted. This section
shall survive termination of the lease.
C. Landlord shall provide Tenant with reasonable access to the Property for the
installation, maintenance and operation of the Antenna Facilities. Landlord may require Tenant to
provide 72 hours advance notice of its need to perform such work. Landlord may also require Tenant
to obtain identification badges from Landlord prior to entering the Building for purposes of
performing such work.
6. Termination. This Lease may be terminated, without any penalty or further liability,
as follows:
A. By Landlord, by giving a one year written notice to Tenant of its intent to terminate
the lease.
B. By Tenant, upon giving sixty days written notice of its intent to terminate the lease.
7. Notices. All notices,, requests, demands and other communications hereunder shall
_ --- - -- .
be m writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, or sent by overnight carrier to the following addresses:
To Landlord at: To Tenant at:
•
Ocean Towers South Condominium Apartments Village of Tequesta
100 Beach Road Post Office Box 3273
Tequesta, Florida 33469 Tequesta, Florida 33469
8. Quiet Enjotiment. Title and Authoritx Landlord covenants and warrants that (i)
it has full right, power and authority to execute this Lease and has the power to grant all rights
hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any
liens, mortgages, resu coons or other encLn:b~a-.ces t„at ::ill i.^^.terfe:e ~tr.'th Te:.ant's Pe =.tt~LTSe;
(iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants,
or the provisions of any mortgage, Lease or other agreement binding on Landlord; and (iv) Tenant
shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant
is not in default.
2
:7
WHEREFORE, the parties hereby enter into this Lease as of the date first set forth above:
Signed, sealed and delivered in the
presence of-
~. ~ ~-~'
//(y/ ~ r
~ ~~~ _ f
Witness
ltn $ /
.,
Witness `
~~
Witness
LANDLORD:
OCEAN TOWERS SOUTH CONDOMII~IIUM
APARTMENTS _ ~ .
~ J
4 _ _ •-
B r~~_._,K ,... ~,. ~,. ,. .
y . - _.._
Its .~ ~ ~=/i ;v° fns;.
a
TENANT:
VILLAGE OF TEQUESTA
By ~
___
Its ~,'Gt!.~-~ t „__ A ~ t
. ~ Q~ <
~ ~ '~
N:UCR\13153-01\Ocean Towers South Lease:wpd
•
3
1 \ t' •
~ XNte7cr A
•
Tequesta Police & Fire Comunication Systems Relocated to Ocean Towers Condo
~. ~ ~ ~ ~ ~ u
~~
• 3 Directional Antenna 4'H x GW 4 mew of Tequesta from Condo Roof
Site Digital Pictures Taken on February 1, 2001 Copyright John Johnston, Radiotronics, Inc.
2 North Stainnrell Room, Secondary Antenna Location
1 Radio Room, Antennas on AC Wall
•
EXHIBIT "C"
Ocean Towers South Condominium Apartments, a Condominium, according
to the Declaration of Condominium thereof, recorded September 26, 1972, in
Official Record Book 2060, Page 1424, Public Records of Palm Beach
County, Florida.
•
N:UCR~13153-0IH.e~I - Roobop Itue.~cpd
•