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Home My WebLink AboutResolution_53-98/99_09/09/1999 RESOLUTION NO. 53 -98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A HOLD HARMLESS AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC., AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT 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 Agreement between the Village of Tequesta and the Tequesta Country Club Community Association, Inc., attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution, is hereby approved and the Village Manager 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 S chauer , who moved its adoption. The motion was seconded by Councilmember C arretta and, upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Carl C. Hansen Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 9 th day of September, A.D., 1999. MAYO F TEQUESTA / � �4 - Z� 41 Ron T. Mackail ATTEST: oaJ� nn Mangan' llo Village Clerk MyDocuments \Resolutions \53 -98 -99 6. The ASSOCIATION will provide for and shall remove the encroaching signs, at the expense of the ASSOCIATION, at anytime such removal is required either because of failure of the ASSOCIATION to abide by the terms of this Agreement or at any time removal maybe required because of improvements necessitated by the VILLAGE or of any utility franchise. IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. Signed, sealed and delivered in the presence of: VILLAGE OF TEQUESTA By .•—t Gol Its VTL_L_A GE M A W R GE Z TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. By 1/yrt , Its 3��0 i STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared the (G r .�gf the VILLAGE OF TEQUESTA, to me known to be the person described indand wino executed the foregoing instnament and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this qLt�-. day of ' 1999. rotary Public My commission expires: JOANN MANOANIELLO MY COMMISSION N CC 507143 EXPIRES: December 22, 1M STATE OF FLORIDA Bonded Tbm Nowt' Public unft.Mere COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared as P of TEQUESTA COUNTRY CLUB OMTMUNITY ASSOCIATION, INC., tome known to be the person described in and who executed the fCregCln :i 3 ?r'a:::ent and he/sre ?t_k before me that he/ executed the Sa EXHIBIT "A" • AGREEMENT THIS AGREEMENT is made and entered into this ` ,�t�. day of C , 1999, by and between the VILLAGE OF TEQUESTA (the "VILLAGE ") and TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. (the "ASSOCIATION "). WITNESSETH: WHEREAS, the Village Council of the Village of Tequesta has approved the ASSOCIATION's application for use of Village of Tequesta public right -of -way allowing the construction of three permanent sign markers within the Village of Tequesta public right -of -way; and WHEREAS, the proposed sign markers encroach upon Village of Tequestapublic road right - of -way; and . WHEREAS, the VILLAGE approves the construction of said improvements, based upon the recommendation of the Village Council of the Village of Tequesta subject, however, to the ASSOCIATION agreeing to certain conditions specified herein. NOW, THEREFORE, in consideration of the covenants contained herein, the approval of the use of the Village of Tequesta public right -of -way and the variance, and other good and valuable consideration, the receipt of which is hereby acknowledged, the ASSOCIATION and the VILLAGE hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein as part of this Agreement. 2. The ASSOCIATION shall save, defend, indemnify and hold harmless the VILLAGE OF TEQUESTA, its officers, agents, employees and representatives from any and all claims or damage arising as a result of the encroachments of the said sign markers. 3. This Agreement shall remain in effect during that period of time in which the encroachments continue to exist within the Village of Tequesta right -of -way. 4. The ASSOCIATION shall provide to the VILLAGE and shall maintain in full force and effect for the period of time the encroachments continue to exist, a policy of insurance insuring • the VILLAGE in the manner specified herein. The VILLAGE OF TEQUESTA shall be a named insured, and a Certificate of Insurance shall be provided to the VILLAGE prior to a permit being granted for the improvements, and annually each year thereafter, certifying the VILLAGE as a named insured under a policy of insurance in a face amount of not less than $1,000,000.00 per incident and per occurrence. 5. The ASSOCIATION shall bear all costs of maintaining the sign markers located within the public right -of -way of the VILLAGE. In the event the ASSOCIATION fails to maintain said improvements to the satisfaction of the VILLAGE, the VILLAGE is hereby authorized to maintain said improvements and to bill the ASSOCIATION and/or property owners within the ASSOCIATION for the cost of said maintenance. In the event said costs are not paid within a period of sixty (60) days subsequent to billing, the VILLAGE is authorized to place a lien on the properties located within the Tequesta Country Club Community Subdivision. 6. The ASSOCIATION will provide for and shall remove the encroaching signs, at the expense of the ASSOCIATION, at any time such removal is required either because of failure of the ASSOCIATION to abide by the terms of this Agreement or at any time removal may be required because of improvements necessitated by the VILLAGE or of any utility franchise. IN WITNESS WHEREOF, the parties have executed this Agreement, the day and year first above written. Signed, sealed and delivered in the presence of: VILLAGE OF TEQUESTA - ` By Its `J=L GE M A-p R C� 1 Z TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. By ' Its 0 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared ,V, ,_,,,, , ,& . rf5c, , , the (G„ f the VILLAGE OF TEQUESTA, to me known to be the person described indand why, executed the foregoing inst: ament and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this day Of , 1999- Notary Public My commission expires: JOANN MANGANIELLO MY COMMISSION N CC 507143 o= EXPIRES: December 22.1999 �„ ge Bonded Th Notary Public Under~ STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared as G' of TEQUESTA COUNTRY CLUB OMMLn`TITY ASSOCIATION, INC., to me mown to be the person described in and who executed the foregoing ins'rument and he /s> e ac.ku owl -dge:, before me that he /she executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this Al-t day of 1999. ? otary Public My commission expires: FE'v JOANN MANGAN IELLO MY COMMISSION # CC 507143 N:UCR \13153- 01 \TEQCC.AGR EXPIRES: December 22,1989 Bendel ThN Notary Rubes Ondemftm 1 2