HomeMy WebLinkAboutResolution_04-94/95_12/08/1994 RESOLUTIO _ NO. 4 — 94/95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE V +.LLAGE OF TEQUESTA PROVIDING FOR THE
CONSTRUCTION AND FUNDING OF THE TEQUESTA BRANCH
LIBRARY; APPROVING A COMPANION REAL PROPERTY LAND
LEASE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
VILLAGE: OF TEQUESTA FOR THE TEQUESTA BRANCH
LIBRARY AND AS,-iC%CIATED LANDS; AUTHORIZING THE
MAYOR TO EXECUTE 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 I. The Interlocal Agreement between Palm Beach
County and the Village of Tequesta providing for the
construction and funding requirements of the Tequesta Branch
Library Project, attached hereto as Exhibit " A " and
incorporated by reference as a part of this Resolution, is
is hereby approved and the Mayor of the Village is authorized to
execute the same on behalf of the Village of Tequesta.
Sectio 2._ The Real Property Land Lease Agreement Between
Palm Beach County and the Village of Tequesta, attached
hereto as Exhibit "B" and incorporated by reference as a part
of this Resolution, is hereby approved and the Mayor of the
Village is authorized to execute the same on behalf of the
Village of Tequesta.
THE FOREGOING RESOLUTION was offered by Councilmember
Bu rckart , who moved its adoption. The motion
was seconded ba Councilmember Collings , and
upon being put to a vote, the vote was as follows:
FOR. ADOPTION AGAINST ADOPTION
Josep N. Capretta
Ron T. Mackail
Elizabeth A. Schauer
Earl L. Collings
W illiam E. Burckart
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I The Mayor thereupon declared the Resolution duly passed and
adopted this 8th day of December, A.D., 1994.
MAYOR OF TEQUESTA
Ron T. Mackail
l:
ATTEST:
oann Manga iello
Village Clerk
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INTERLOCAL AGREEMENT R 9 4 18610
• THIS INTERLOCAL AGREEMENT, made and entered into this
day of nFC 2n 1944 , 1994, by and between PALM BEACH COUNTY,
a political subdivision of the State of Florida ( "County ") and the
VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation ( "Village ").
W I T N E 8 8 E T H
WHEREAS, the County intends to construct a branch library to
be known as Tequesta Branch Library (the "Facilities "), and
WHEREAS, the parties desire to share in the cost of land
acquisition, design and construction of said Facilities; and
WHEREAS, Section 163.01, Florida Statutes, known as the
"Florida Interlocal Cooperation Act of 1969 authorizes local
governmental units to make the most efficient use of their powers
to their mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic,
• population and other factors influencing the needs and development
of local communities.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations contained herein, the parties hereto
agree as follows:
Section 1: GENERAL
1.01 The purpose of this Agreement is to provide for the
funding, land acquisition, design, and construction of a branch
library (the "Project "). The Project will be constructed by the
Village pursuant to plans provided by the County. Upon Substantial
Completion, the Project will be leased to the County for operation
by the Palm Beach County Library Taxing District.
1.02 The Village will lease the completed Project to County
pursuant to a Lease Agreement between the parties of even date
herewith. The property upon which the Project is situated is
legally described in Exhibit A attached hereto. The lease will
• commence upon Substantial Completion of the Project as defined in
Section 2.05.
1.03 The Village acknowledges that the County has introduced
it to the basic terms of this Agreement in December 1993, and that
the actions of the Village since that time until the date of the
• execution of this Agreement were made with full knowledge of the
County's expectations and requirements which are documented by this
Agreement.
1.04 The County will have no contractual obligation to any
contractor of the Village with regard to the Project and shall
communicate with the Village's contractors only through the
Village. The County shall, however, be named as an intended third
party beneficiary to all contracts of the Village related to this
Project.
1.05 This Agreement refers to and places total responsibility
for performance of its various obligations and requirements on the
Village. It is the Village's sole decision as to the method and
means of accomplishing said obligations and requirements.
Notwithstanding the above, the County holds the Village solely
responsible for compliance with this Agreement, and the Village
acknowledges same.
• 1.06 The Village represents that the Work required by this
Agreement was procured pursuant to the Village's and all
applicable, procurement requirements. Any disputes, claims, or
liability that may arise as a result of the Village's procurement
of its contractors is solely the responsibility of the Village, and
the Village shall hold the County harmless for same.
Section 2: DESIGN AND CONSTRUCTION
2.01. Scope
The scope of work to be completed pursuant to this Agreement
is the land acquisition, design, construction administration, and
construction of a fully functional and operating Library. The
Library is to be constructed in strict accordance with the design
and construction documents provided to the Village on 1/10/94 and
1/20/94, and as modified by the site plan dated 11/7/94 and
provided to the Village on 11/28/94. Said drawings transmitted on
1/10/94 and 1/20/94 are listed and dated in Exhibit E. The Village
• is solely responsible for the site adaptation of these documents
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for construction of same on the site chosen by the Village. The
County will cooperate with the Village in the site adaptation of
. the construction documents. The Work performed pursuant to this
Agreement excludes furniture and library equipment. All expenses
eligible for reimbursement and associated with completing this
scope are identified in Exhibit B.
2.02 Architect of Record
The Architect of Record for this project is Dean B. Ellis,
AIA, whose is currently employed by Palm Beach County. The County
and the Village both acknowledge that Mr Ellis' responsibilities as
Architect of Record are separate and distinct from those of the
County's Project Representative. As is standard in the industry,
the Architect of Record's decision in specific areas is final.
Those areas include, but are not limited to;
1. The review and approval of all proposed substitutions as
defined in Section 2.04 of this Agreement;
2. The review, approval, and certification of the General
Contractor's monthly pay applications as defined in
• Section 3.02 of this Agreement; and
3. The certification of Substantial Completion as defined in
Section 2.05 of this Agreement; and
4. The certification of Final Acceptance as defined in
Section 2.06 of this Agreement;
5. The review and resolution of any dispute which may arise
from the design documents for this project;
6. Any other matter which falls within the purview of the
expertise of the Architect of Record.
The County represents that it will not exercise undue
influence on the Architect of Record with regard to these issues.
The Village represents that it understands that decisions on these
matters, by the Architect of Record are final.
All correspondence pertaining to matters described in this
section shall be directed to the Architect of Record with a copy to
the County's Project Representative.
• 2.03 Project Representatives
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The County's Project Representative is Richard J. Tuttle,
• P.E., Director, Capital Improvements Division, FPD &C. All
correspondence to the County, except for the correspondence
relating to subjects discussed in Section 2.02 shall be directed
to Mr. Tuttle's attention. The County's Project Representative is
responsible for all matters pertaining to the implementation of
this Agreement.
The Village's Project Representative is Tom Bradford, Village
Manager. All correspondence to the Village shall be directed to his
attention. The Village's Project Representative shall have
authority to sign the invoices for reimbursement presented to the
County.
2.04 Substitutions
Prior to proposing any substitute item, the Village shall
satisfy itself and be required to establish that the item proposed:
1, is, of equal or superior quality to that specified;
2, will fit into the space allocated;
• 3. affords comparable ease of operation, maintenance and
service;
4, is of comparable appearance, longevity and suitability
for the climate;
5, by reason of cost savings, reduced construction time, or
similar demonstrable benefit, will be in the County's
interest;
6. will in no way detrimentally impact the project schedule
and /or completion date.
Any item produced by a manufacturer other than those
specified, or of brand name or model number other than specified or
of generic species other than those specified will be considered a
substitution.
The burden of proof of the equality of a proposed substitution
for a specified item shall be upon the Village. The Village shall
support its request with sufficient test data and other means to
• permit the Architect of Record to make a fair and equitable
decision on the merits of the proposal with regard to said proposed
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substitution. The Village shall submit drawings, samples, data and
• certificates and any additional information as may be required by
the Architect of Record for proposed substitute items.
The Architect of Record will be the sole judge of whether
the proposed substitution is equal in quality, utility and economy
to that specified. The Village shall allow 15 days for the
Architect of Record to review all requests for substitution. In
addition, all requests for substitutions with submittal data must
be made at least twenty (20) days prior to the date that the
Village must order, purchase or release for manufacture or
fabrication the proposed item. Materials and methods proposed as
substitutions for specified items shall be supported by
certification of their approval for use by any or all governmental
agencies having jurisdiction over use of specific material or
method. Substitutions may not be permitted in those instances where
the products are designed to match artistic design, specific
function or economy of maintenance. Approval of a substitution
• shall not relieve The Village from responsibility for compliance
with all requirements of this Agreement. The Village shall
coordinate the substitution with all trades and bear the expense
for any changes in the work that are the direct or indirect result
of any substitutions.
If the Architect of Record rejects the Village's proposed
substitute item on the first submittal, the Village may make only
one additional request for substitution in the same category. On
the second request, and all future requests, the Village shall bear
the costs associated with submittal review which shall be deducted
from the County's $506,000 funding limit.
2.05 Substantial Completion
It is a requirement of this Agreement that the Project be
utilized by the County and other contractors hired by the County
for the purpose intended, prior to Final Acceptance. This
utilization is herein referred to as Beneficial Occupancy. The
date at which the County receives Beneficial Occupancy is referred
• to as Substantial Completion. This date is critical since it
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enables the County to coordinate other multiple prime construction
contracts which are dependent on the work of this Agreement and are
• independently scheduled for completion upon Substantial Completion
of the Project.
Achievement of Substantial Completion requires certification
and acceptance by the Architect of Record that the work, including
all civil, structural, architectural, mechanical, electrical is
substantially complete, and that all systems are operating
properly. In addition, the Village must deliver all required
manuals and record drawings and specifications in accordance with
Section 2.051 of this Agreement. The aforementioned is required so
that the Facility can be used for the purpose intended. The County
will be responsible for security maintenance and utility costs for
the Facility from and after the date it has been certified as
Substantially Complete.
When the Village considers the project Substantially Complete
pursuant to the terms of this Agreement, it shall notify the
Architect of Record and the County's Project Representative in
• writing and request a Substantial Completion Walk- Through.
The following items shall be completed prior to requesting a
Substantial Completion Walk- Through, and shall be considered as
conditions precedent to Substantial Completion.
1. All general construction completed and the project
components shall be clean, and all systems fully
functional.
2. All mechanical and electrical work substantially
complete, fixtures in place, connected, cleaned
and ready for use.
3. All electrical circuits shall be scheduled in
panels, and all panels and disconnect switches
properly labeled.
4. All painting shall be completed; all signs
installed.
5. All floors, glass and metal work shall be cleaned.
• 6. All finish hardware shall be installed, and all
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doors shall be in good working order.
7. Project site shall be cleared of the contractor's
excess equipment, storage shacks, trailers, and /or
building supplies. All temporary construction shall
be removed.
8. All operations and maintenance manuals for all equipment
shall have been submitted.
9. Manufacturers' certifications and warranties shall
be delivered to the County.
10. All operations and maintenance training related
literature, software and back -up disks shall have been
provided to the County. A video tape of the training
shall also be provided.
11. All required spare parts as well as any special measuring
devices and tools shall have been provided to the County.
12. All air and water balancing reports shall have been
submitted.
13. All keys and blanks shall have been provided.
• 14. Receipt of Certificate of Occupancy.
15. All trash, debris, etc., shall be removed from the
project site.
All "Punch List" items (work which is incomplete, unfinished
or unsatisfactory) recorded as a result of the Substantial
Completion Walk- Through are to be corrected by the Village within
30 calendar days of said Walk Through. Correction of said items
are a condition precedent to Final Acceptance.
Additionally, prior to substantial completion, the project
record drawings and specifications shall be submitted in accordance
with Section 2.051 of this Agreement.
2.051 Record Drawings and Specifications
A. Drawings:
1. Progress Records - During construction,
Village shall keep a marked -up and up -to-
date set of drawings showing as -built
• conditions on the site as an accurate record
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of all deviations between work as shown and
work as installed. These drawings shall be
available to the County for inspection at any time.
• 2. Final Records - Prior to the Final Acceptance,
Village shall furnish to the County a complete
set of mylar marked -up as- builts with RECORD clearly
printed on each sheet.
B. Specifications:
1. Progress Records - During construction, The
Village shall keep a marked -up and up -to -date set
of specifications showing as -is conditions on the
site annotated to clearly indicate all
substitutions that are incorporated into the work.
Where selection of more than one product is
specified, annotation shall show which product
was installed. These specifications shall be
available to the County for inspection at any time.
2. Final Records - Prior to Final Acceptance, The
Village shall furnish to the County a complete set
• of marked -up as -built specifications with RECORD
clearly printed on cover.
C. Manuals:
1. Manuals - Prior to the Substantial Completion,
The Village shall furnish to the County three
complete sets of manuals and applicable operating
instructions as referenced in technical
specifications.
2. Unless otherwise specified, manuals to be
bound in 3 -ring binder with contents clearly
indicated on outside cover.
D. Endorsement:
1. The Village shall sign each final record
drawing and the cover of the record specifications
and shall note thereon that deviations and
annotations are complete and accurate.
• 2. The Village shall, at its expense, and prior to
Final Acceptance furnish to the County final record
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3. The Village shall provide a signed and
notarized affidavit indicating that no asbestos
containing materials were used or installed during
• the course of construction as a condition precedent
to Final Acceptance.
E. Fixed Asset Equipment and Fixture Information:
1. The Village shall provide the County with a
list of each piece of equipment having an
individual value greater than $500.00 prior to
Final Acceptance. The list shall include, at a
minimum; a) the name, make and model number, b) the
quantity installed, and 3) the value of the
equipment.
2.06 Final Acceptance
When the Village considers that all work pursuant to this
Agreement is complete and all conditions precedent to Final
Acceptance have been met, the Village shall so inform the County in
writing, and request a Final Acceptance Walk- Through. Accordingly,
when items on the punch list as recorded at the Substantial
• Completion Walk- Through have been corrected (including a
satisfactory review of the HVAC test and balance report and
subsequent modifications) and the County is satisfied that all work
pursuant to this Agreement is completed in accordance with the
requirements of this Agreement, the County shall notify the Village
of same in writing.
Neither final acceptance of the Work, nor any provision of the
Contract Documents and this Agreement shall relieve the Village of
any responsibility for defective or deficient materials or work.
If, within one (1) year or as provided for elsewhere in this
Agreement or technical specifications after Substantial Completion,
any of the Work is found to be defective, deficient or not in
accordance with this Agreement, the Village shall correct, remove
and replace it promptly after receipt of a written notice from the
County and shall correct and pay for any damage to other Work
resulting in therefrom.
• 2.07 Liquidated Damages
In the event that the Village fails to achieve
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Substantial Completion, as provided in Section 2.05, by January 1,
1996, both the Village and the County agree that the County will
• suffer damages as a result of said late completion. Furthermore,
both the County and the Village agree that at the date of execution
of this Agreement it is difficult, if not impossible, to determine
the actual damages that will result. Therefore, the Village and
the County agree that in the event that certification of
Substantial Completion is not achieved by January 1, 1996, the
County shall be entitled to Liquidated Damages in the amount of
$200.00 /day until such time that the Village does achieve
certification of Substantial Completion for this project in
accordance with the terms and conditions of this Agreement.
Should the Village fail to achieve Final Acceptance, as
provided in Section 2.06, within thirty days from the date of
Substantial Completion, the Village and the County agree that the
County will suffer damages, the amount of which is difficult to
ascertain, and that the County shall be entitled to $200.00 /day as
Liquidated Damages for each calendar day beyond thirty days after
• the certification of Substantial Completion.
The County will cause any contractors retained by the County
and performing work after Substantial Completion to coordinate with
the Village's contractors in the performance of their remaining
punch -list work so that the Project may achieve Final Acceptance as
expeditiously as possible.
Liquidated Damages due the County may be deducted from any
monies due the Village, or may be collected directly from the
Village.
2.08 Warranty
All materials and equipment incorporated into any work covered
by this Agreement shall be new and, where not specified, of the
highest grade of quality for their intended use, and all
workmanship shall be in accordance with construction practices
acceptable to the County. Unless otherwise provided in this
Agreement, the Village warrants all equipment, materials, and labor
furnished or performed under this Agreement, against defects in
• design, materials and workmanship for a period equal to the statute
of limitations for such claims or twelve months, which ever is
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longer, (unless longer guarantees or warranties are provided for
elsewhere in this Agreement in which case the longer periods of
• time shall prevail) from Substantial Completion, regardless of
whether the same were furnished or performed by the Village, the
Contractor or by any of its subcontractors of any tier.
Upon receipt of written notice from the County of any defect
in any such equipment, materials, or labor during the applicable
warranty period, due to defective design, materials or workmanship,
the affected item or parts thereof shall be redesigned, repaired or
replaced by The Village at a time and in a manner acceptable to the
County.
The Village warrants such redesigned, repaired or replaced
work against defective design, materials and workmanship for an
additional period of twelve months from and after the date of
Certification of Substantial Completion. Should the Village fail
to promptly make the necessary redesign, repair, replacement and
tests, the County may perform or cause to be performed the same at
the Village's expense. The Village shall perform such tests as
• the County may require to verify that such redesign, repairs and
replacements comply with the requirements of this Agreement. All
costs incidental to such redesign, repair, replacement and testing,
including the removal, replacement and reinstallation of equipment
and materials necessary to gain access, shall be borne exclusively
by the Village.
The Village shall be liable for the satisfaction and full
performance of the warranties as set forth herein and any damage to
other parts of the Work caused by the Village's failure to perform
pursuant to this section.
The Village shall commence work to remedy or replace the
defective, deficient work within five (5) calendar days after
receiving written (including transmittals by FAX) notice from the
County. However, all repairs to natural gas, telephone, radio,
computer security, water, electric, air conditioning and all
emergency services shall be commenced within twelve (12) hours of
notification, or by 7:00 a.m., whichever is earlier. If the
• Village fails to remedy or remove or replace that work or material
which has been found to be defective, then the County may remedy or
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replace the defective or deficient work the Village's expense. The
Village shall complete the repairs in an expeditious manner
. befitting the nature of the deficiency. The Village shall
immediately pay the expenses incurred by the County for remedying
the defects. If the County is not paid within ten (10) calendar
days, the County may pursue any and all legal remedies it may have
against The Village.
The Village is required to provide a designated telephone
number for warranty related emergencies which occur outside the
normal workday. The Village is solely responsible for ensuring
that all warranty work is completed in the manner described above.
If the County agrees, in writing, a subcontractor may be the point
of contact for notices regarding warranty items, but such agreement
shall not absolve The Village of its responsibility.
2.09. Permits
The Village will secure all necessary permits (including
providing any required notifications) to construct the Project.
The County agrees to request the transfer and application of fees
• previously paid to Loxahatchee River Environmental Control District
(ENCON), Tequesta Water Department, and Tequesta Department of
Community Development in support of completion of the contract by
the Village. The County makes no representations as to the amount
of such fees previously paid by the County that will be applied
toward this Project. Any additional fees required to these or other
regulatory agencies are eligible Project expenses.
2.10. Easements
All easements required in support of the Facilities shall be
the responsibility of the Village to secure and record. Such
easement shall be sufficiently wide to accommodate repair, renewal
and replacement of any improvements to be located within such
easement. All costs associated with the preparation of the
easement documents will be included in the Project cost and paid
for from Project funds.
2.11. Codes and Regulations
The construction contract for the Project shall meet all
• applicable federal, state and municipal statutes, ordinances and
regulations necessary to qualify for federal, state, county and
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local funding as a public project.
2.12 County Requested Chancre Orders
The County shall have the right to request changes in the
• scope of work defined in Section 2.01, as adopted for this site by
the Village, and shall be referred to as County Requested Changes.
County requested changes will be submitted to the Village's Project
Representative in the necessary detail to adequately describe the
change being requested.
The Village will respond to the County within five (5) working
days with all costs associated with the requested change. If the
County desires to proceed with the change, the County will, within
five (5) working days, provide the Village with a County Requested
Change Order fully executed by the Director, Facilities Planning,
Design & Construction. Compensation for the change shall be in
accordance with Section 3.05. The Village is only required to
process changes requested and approved by the County until the
cumulative value of all County requested changes reach $25,000. If
the cumulative value of the County requested change work exceeds
$25,000, the Village can decide whether to process the change
• request, and that decision is final.
Section 3. FUNDING
3.01. The County shall contribute up to $506,000 towards the
costs for the land acquisition, design and construction of the
Project (see Exhibit "B "). County acknowledges and agrees that the
first $506,000 of costs for the Project shall be funded by the
County. Any costs incurred in connection with the Project in excess
of $506,000 shall be the sole responsibility of the Village.
The County agrees to make payment on a monthly basis, upon
receipt of an invoice and fully executed Application and
Certificate for Payment in the form attached hereto as Exhibit "C"
from Village specifying the Project costs incurred by the Village
during the preceding month. Any payment required to be made by
County hereunder shall be paid within fourteen (14) days of receipt
from the Village of an invoice and fully executed pay application.
3.02 The Village shall submit an invoice, no more frequently
is than once a month, in the amount equal to the amount shown,
certified and approved for payment on the Application and
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Certificate for Payment. The invoice from the Village shall
include an authorized signature from the Village requesting
• reimbursement. The County shall not expend any more than 90% of
its funds until final acceptance. The remaining 10% will be paid
pursuant to Section 3.03.
3.03 The Village may make application for release of
retainage after submittal of a Final Waiver and Release of Claim
(see Exhibit D) and upon Final Acceptance.
3.04 The County reserves the right to withhold or delay
payment to the Village based on; 1) the failure of the Village to
secure the approval and certification of the Architect of Record on
the pay application, or 2) by the Village's non - compliance with the
terms and conditions of this Agreement. The County is no way
liable for any damages (relating to both time and money) resulting
from the County's delay or withholding of payment pursuant to this
Section.
3.05 The Village acknowledges that the County's total funding
obligation of $506,000 includes a 5% construction contingency and
• that the County has the right to request change orders in an amount
not to exceed $25,000, without affecting a increase to the
reimbursement cap. The Village shall process and include in the
Project any County requested changes with a cumulative value of up
to $25,000, as long as no time extensions are associated with such
requests. If the cumulative value of County requested changes
exceeds $25,000 and the Village agrees to proceed with the change
request, the reimbursement cap contained in Section 3.01 will be
increased dollar for dollar for each dollar in excess of $25,000.
The County shall not request any changes to the scope of work that
affect the Village's critical path schedule.
3.06 If the Village does not, for any reason, achieve
Substantial Completion and Final Acceptance by October 1, 1996; in
addition to Liquidated Damages, the Village will reimburse the
County for all funds previously provided up to $506,000. The
Village's time period for performance under this Section 3.06 only
• shall be extended by delays in construction due to force majeure,
specifically limited to fire, hurricane, civil unrest and other
catastrophic events.
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3.07 The Village agrees that it shall not charge the County
any additional charges, fees or assessments for the construction of
• related facilities contemplated by this Agreement.
3.08 The Village agrees that all funding provided by the
County pursuant to this Agreement shall be used solely for the
purposes set forth in this Agreement.
Section 4: OWNERSHIP OF IMPROVEMENTS
The Village shall retain sole ownership of the Project, which
upon Substantial Completion thereof, shall be leased to the County
pursuant to a Lease Agreement between the parties of given date
herewith.
Section 5: PUBLICITY AND ADVERTISEMENTS
The Village's contractors shall not make any announcement or
release any information or publish any photographs concerning this
PROJECT or any part thereof to any member of the public, press or
any official body, unless prior written consent is obtained from
the County.
Section 6: NOTICES
Any notice given pursuant to the terms of this Agreement shall
• be in writing and done by Certified Mail, Return Receipt Requested.
The effective date of such notice shall be the date of receipt, as
evidenced by the Return Receipt. All notices shall be addressed to
the following:
As to the County:
Robert Weisman, County Administrator
301 North Olive Avenue
West Palm Beach, Florida 33401
Audrey Wolf, Director
Facilities Planning Design & Construction
3323 Belvedere Road, Building 503
West Palm Beach, FL 33406
With a copy to:
Steve Calamusa, Assistant County Attorney
301 North Olive Avenue
West Palm Beach, Florida 33401
As to the Village:
Thomas Bradford, Village Manager
Village of Tequesta
P.O. Box 3273
Tequesta, Florida 33469 -0273
•
Section 7: APPLICABLE LAW /ENFORCEMENT COSTS
This section shall be governed by the laws of the State of
15
Florida. In the event that any action, or suit proceeding is
commenced with respect to the interpretation or enforcement of this
• agreement, the prevailing party in such action, suit, or proceeding
shall be entitled to recover all costs, expense and fees including,
without limitation, reasonable attorney's fees, incurred by such
party in connection therewith.
IN WITNESS WHEREOF, the parties have cause this agreement to
be executed on the day and year first above written.
ATTEST: PALM BEACH COUNTY, FLORIDA:
BY ITS BOARD OF COUNTY
COMM S ERS
......
DOROTHY H. WILKEN _ ti -G 0_ UPj j`r�
By: cif. l �p ` , A BjE 4 0"0" y
Deputy Clerk s' tZ" P hair
'G, OOUNTY,
'< V, O s
ATTEST: 4�4. OR\ . ILLAG F TEQUESTA, FLORIDA
B �O�✓ .. *..� =' By.
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY AL SUFFICIENCY:
County Attorney Vilrag e Attorney
12,05,% R 9 4 18610
f:\user\sbobo\intagt.vot
DEC 2 0 1994
16
j
• EXHIBIT "A"
LEGAL DESCRIPTION OF PREMISES
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING FROM THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
OF SAID SECTION 30, BEAR N 89 49' 04" E, ALONG THE NORTH LINE OF
SAID SOUTHWEST ONE QUARTER A DISTANCE OF 953.24 FEET TO THE
INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF OLD DIXIE HIGHWAY,
AN 80 FOOT RIGHT -OF -WAY AS NOW LAID OUT AND IN USE; THENCE BEAR S
22 41' 51" E, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF
421.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 22 41'
51" E, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 175.00 FEET
THENCE BEAR N 67 18' 09" E, A DISTANCE OF 266.00 FEET; THENCE BEAR
N 22 41' 51" W, ALONG A LINE PARALLEL TO THE SAID EAST RIGHT -OF-
WAY LINE OF OLD DIXIE HIGHWAY, A DISTANCE OF 175.00 FEET; THENCE
BEAR S 67 18' 09" W, A DISTANCE OF 266.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.069 ACRES MORE OR LESS (46,550 SQ. FT.)
•
•
EXHIBIT B
ELIGIBLE PROJECT EXPENSES
The following are a list of costs that will be considered eligible
• costs for reimbursement, however, the total reimbursement shall not
exceed the funding limit established in Section 3.
LAND ACQUISITION
Survey Fees
Geotechnical Fees
Appraisal Fees
Purchase Price
Closing Costs
DESIGN
Engineering and Architectural Fees
Construction Administration Fees
Survey Fees
Geotechnical Fees
Environmental Consulting Fees
CONSTRUCTION
Construction Costs
Permit Fees
The items specifically exclude any costs associated with the
involvement of the Village of Tequesta or Palm Beach County Staff
or other Village or County resources.
•
17
APPLICATION AND CERTIFICATE FOR PAYMENT A/A DOCUMENT G702 (Instructions on reverse side) Plct o.vf of P
TO (OWNERi: PROJECT: APPLICATION NO: Distribution to
= OV
PERIOD TO; = ARCHITECT
= CON'TR.ICTOR
FROM (CONTRACTOR): VIA IARCHITECT): ARCHITECT'S `
( PROJECT NO: _
CONTRACT FOR.;! CONTRACT GATE:
CONTRACTOR'S APPLICATION FOR PAYMENT. Coontinu % ai Do Doc ument G703,lisattpchedconnection (he Cor.trac:
CHANGE ORDER-SUMMARY 1. ORIGINAL CONTRACT SUM ....................... S
Change Orders approved in ADDITIONS DEDUCTIONS 2• Net change by Change Orders ..................... S
previous months by Owner 3. CONTRACT SUM TO DATE (Line 7 = 21 • ............. S
TOTAL 4. TOTAL COMPLETED & STORED TO DATE............ S
Approved this Month (Column G on C703)
Number Date Approved 5. RETAINAGE:
U a.: % of Completed Work S
E (Column D +E on G703)
b. , % of Stored Material S
H
t� (Column F on G703)
Total Retainage (Line 5a +5b or
TOALS.1 Total in Column I of G703) ..................... S
Net change by Change Orders 6. TOTAL LESS RETAINAGE ............... ..... S
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
iniormation and belief'the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been " PAYMENT (Line 6 from prior Certificate) ......... S
paid by the Contractor for Work for which previous Certificates lot Payment were 8. CURRENT PAYMENT DUE .......................... 5
issued and payments received from the Owner, and that current payment shown
herein is now due, g, BALANCE TO FINISH, PLUS RETAINAGE ............. 5
(Line 3 less Line 6)
CONTRACTOR: State of: County of:
t ' Subscribed and sworn to before me this day of .g
Notary Public:
8 y; Date: My Commission expires:
ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ... ..............................5
!Attach explanation it amount certified differs irom the amount applied ior.t
In accordance with the Contract Documents, based on on•sife observations and (he ARCHITECT:
data comprising the above application, the Architect certifies to the Owner that to'the
best of the Architetl's knowledge, iniormation and belief the Work has progressed as By: Date:
•indicated, the quality of the Work is in accordance with the Contract Documents, and
the Contractor is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED is pa ab(e only to the
Contractor,named herein. Issuance, payment and acceptance of pal•ment are mahout
prejudice io any rights of the Owner o r Co ntract o r u nd e r thi Co
•, .. ..� ,ne e,.,.. <.T . „av .a.l M1TIf1N . AlA• ..t 19111
•
CONTINUATION SHEET A!A DOCUMENT 6703 (Instructions on reverse side) PAGE 7A ;:s
AIA Document G702. APPLICATION AND CERTIFICATE FOR PAYMENT,. containing APPLICATION NUMBER:
Contractor's signed Certification is attached. APPLICATION DATE:
In tabulations below, amounts are stated to the nearest dollar. PERIOD TO:
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
A B I C i D I E I F G H I
ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL [ - BALANCE RETAINAGE
N PRESENTLY COMPLETED (G C) TO FINISH
N NO. i VALUE FROM PREVIOU THIS PERIOD
APPLICATION �' STORED AND STORED tC — GI
(D+E) D O IN TO DATE
D OR El (D+E *f)
U
EF
H
rA
I � ,
__._ _._
'—'- - - - - --
��tH�1�3iT b
FIUj NAIVER AND RELEASE, OF CLAIM
KNOW ALL MEN BY THESE PRESENTS, that the undersigned
+ in
consideration of the final payment in the sum of $� 243,L e 7 ,
• receipt whereof is hereby acknowledged, and other valuable
considerations and benefits to the undersigned accruing, does
hereby waive, release and quit claim all claims or demands of every
kind whatsoever against the project commonly known as the Tequesta
Branch Library, and Palm Beach County, Florida on account of work
and labor performed, and/or materials furnished in, to, or about
the construction of any building or buildings, situated thereon, or
in improving said property above described, or any part thereof.
It is beinq understood that this is a Final Waiver and Release
_- of Cl - elm, and the undersigned iiirrants fIia ho assignment of said
claim, nor the right to perfect a claim against any real estate by
virtue of the accrual of said payment, has or will be made, and
that the undersigned has the right to execute this Final Waiver and
Release, and that all laborers employed by the undersigned in
connection with the construction of improvements upon the aforesaid
premises, to the extent of the payment herein referred to, have
• been fully paid and all materials supplies and personalty are free
and clear of conditional bills of sale and/or retain title
contracts.
IN WITNESS WHEREOF, I have hereto set my hand and seal and I
hereby acknowledge that the foregoing statements are true and
correct this day of l igq v
N TNESS: Col CTOR: SELECT CONTRACTING
M ichae l S. Reich, President
Subscribed and sworn to, before me, this 5 day of
- ' 19260
My Coss #Pn OXORWASS
�' NOTARY PUBLIC
MY COMMISSION # CC 283788
WI ESS: D�iRES:Mard►25.1997 VILLAGE 'OF TEQDZStA:
Ascribed and orn to, before me, this S � day of
•
N'. "••. JOANN MANGANIELLO NOTARY PUYLIC
? W COMMISSION R CC W7143
EXF4R S: December 22.1999 18
;, ; BMW Thu "" Put is U1lder~
( EXFiIBIT E
t
( TEQUESTA BRANCH LIBRARY
SHEET NO, DESCRIPTION DATE
COVER COVER
ONE OF ONE BOUNDARY SURVEY 09/16/92
ONE OF ONE TOPOGRAPHIC SURVEY 07/23/91
D -1 DEALITION PLAN 05/11/92
C -1 PAVING & HORIZONTAL CONTROL 05/11/92
C -2 DETAILS (CIVIL) 05/11/92
C -3 DETAILS (CIVIL) 05/11/92
EC -1 ELECTRICAL SITE PLAN (CIVIL) 05/11/92
U -1 UTILITY 05/11/92
U -2 PIPING DIAGRAM 05/11/92
SP -1 ARCHITECTURAL SITE PLAN 05/11/92
SP -2 SITE DETAILS 05/11/92
L -1 LANDSCAPE PLAN 05/06/92
i L -2 IRRIGATION PLAN 05/06/92
L -3 LANDSCAPE DETAILS 05/06/92
A -1 FLOOR PLAN 05/11/92
A -2 REFLECTED CEILING PLAN 05/11/92
A -3 ROOF PLAN 05/11/92
A -4 EXTERIOR ELEVATIONS 05/11/92
A -5 EXTERIOR ELEVATIONS 05/11/92
i A -6 BUILDING SECTION - DETAILS 05/11/92
A -7 WALL SECTION - DETAILS 05/11/92
A -8 DETAILS 05/11/92
A -9 DETAILS 05/11/92
I A -10 INTERIOR ELEVATIONS 05/11/92
A -11 SCHEDULES CASEWORK DETAILS 05/11/92
F -1 FURNITURE PLAN 05/11/92
S -1 FOUNDATION PLAN 05/11/92
S -2 ROOFING FRAMING PLAN 05/11/92
S -3 STRUCTURAL SECTIONS 05/11/92
S -4 CANOPY SECTIONS 05/11/92
AC -1 AIR CONDITIONING PLAN 05/11/92
AC -2 HVAC SCHEDULES 05/11/92
' P -1 PLUMBING PLAN 05/11/92
P -2 PLUMBING DESIGN DIAGRAM 05/11/92
E -1 ELECTRICAL SITE PLAN 05/11/92
E -2 ELECTRICAL POWER FLOOR PLAN 05/11/92
E -3 LIGHTING FLOOR PLAN 05/11/92
E -4 COMMUNICATION FLOOR PLAN 05/11/92
E -5 ELECTRICAL /TELEPHONE RISER DIAGRAM 05/11/92
E -6 ELECTRICAL SCHEDULES 05/11/92
I
•
•
R94 1862D
DEC 2 0 1994
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PALM BEACH COUNTY
REAL PROPERTY
LAND LEASE AGREEMENT
between
PALM BEACH COUNTY
and
VILLAGE OF TEQUESTA
********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Revised 12/05/94
•
TABLE OF CONTENTS
PAGE
ARTICLE I BASIC LEASE PROVISIONS
Section 1.01 Premises .................................... 1
Section 1.02 Length of Term and Commencement Date........ 1
• ARTICLE II RENT
Section 2.01 Annual Rent .. ............................... 1
Section 2.02 Assessments .. ............................... 1
ARTICLE III CONSTRUCTION OF LEASED PREMISES
Section 3.01 Acceptance of Premises by Lessee............ 2
Section 3.02
(a) Lessee's Work ............................... 2
(b) Mechanic's Liens ............................ 2
ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES
BY LESSEE
Section 4.01 Use of Premises ............................. 2
Section 4.02 Waste or Nuisance ........................... 2
Section 4.03 Governmental Regulations .................... 2
Section 4.04 Surrender of Premises ....................... 3
ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of Lessor and Lessee......... 3
Section 5.02 Responsibility of Lessee Regarding
Alterations and Personal Property......... 3
ARTICLE VI INSURANCE AND INDEMNITY
Section 6.01 Insurance by Lessee and Lessor .............. 3
Section 6.02 Indemnification .............................
ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS
Section 7.01 Damage or Destruction by Fire, War or
Actof God . ............................... 3
ARTICLE VIII UTILITIES .... ............................... 3
• ARTICLE IX ASSIGNMENT AND SUBLETTING
Section 9.01 Consent Required ............................ 4
ARTICLE X DEFAULT OF LESSEE
Section 10.01 Default of Lessee.... .... .............. 4
Section 10.02 Waiver, Accord and Satisfaction ............. 4
Section 10.03 Legal Expenses .............................. 4
ARTICLE XI QUIET ENJOYMENT
Section 11.01 Lessor's Covenant ........................... 4
ARTICLE XII LESSOR'S OBLIGATION TO PURCHASE
LESSEE'S ALTERATIONS ...................... 5
ARTICLE XIII MISCELLANEOUS
Section 13.01 Successors ... ............................... 5
Section 13.02 Annual Budgetary Funding /Cancellation....... 5
Section 13.03 Entire Agreement ............................ 5
Section 13.04 Notices ...... ............................... 5
Section 13.05 Severability . ............................... 6
Section 13.06 Brokers Commission .......................... 6
Section 13.07 Recording .... ............................... 6
Section 13.08 Governing Law ............................... 6
Section 13.09 Time of Essence ............................. 7
EXHIBITS
Exhibit "A" Legal Description of the Premises
Exhibit "B" Site Plan
•
LEASE AGREEMENT R 9 4 18 6 Z D
THIS LEASE AGREEMENT, made and entered into this day of
• DEC 2 0 19% 1994, by and between the VILLAGE OF TEQUESTA,
hereinafter referred to as "Lessor" and PALM BEACH COUNTY, a
political subdivision of the State of Florida, on behalf of the
Palm Beach County Library Department hereinafter referred to as
"Lessee" and
W I T N E S S E T H:
WHEREAS, Lessor and Lessee previously entered into a Land
Lease Agreement dated July 28, 1992 under Resolution No. 92 -1034D
pursuant to which Lessor leased certain land owned by it to Lessee
for the construction and operation of a branch library facility;
and
WHEREAS, due to certain site conditions and market conditions,
the projected construction cost of the facility exceeded the amount
of funds available for the project; and
WHEREAS, Lessor has agreed to acquire certain other real
property in Palm Beach County, Florida, as hereinafter more
particularly described; and
WHEREAS, Lessor has agreed to construct a branch library
facility upon the property to be acquired by it (the "Project ") as
said Project is more particularly described in the Interlocal
Agreement between Lessor and Lessee of even date herewith (the
"Interlocal Agreement "); and
WHEREAS, as an inducement to Lessee to provide for and operate
a branch library within the Village of Tequesta, Lessor has agreed
to lease said property and the completed Project to Lessee for One
($1.00) Dollar per year.
• NOW THEREFORE, in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, the Lessor demises and leases
to Lessee and the Lessee rents from Lessor the property hereinafter
defined upon the following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease consists of approximately
1.069 acres of land situated on Old Dixie Highway in the Village
of Tequesta, Florida, as legally described in Exhibit " A " attached
hereto, together with Lessor's interest, if any, in all
improvements and appurtenances thereto, including, without
limitation the improvements to be constructed by Lessor as part of
the Project, (collectively the "Premises "). The Premises and the
location of the improvements to be constructed as part of the
Project are graphically depicted on the Site Plan attached hereto
as Exhibit "B ". The parties acknowledge that Lessor shall at all
times be and remain the owner of the Premises subject, however, to
the terms and conditions of this Lease.
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence upon Substantial
Completion of the Project as defined in the Interlocal Agreement
(the "Commencement Date ") and shall extend for a period of fifty
(50) years thereafter.
Section 1.03 Termination of Prior Lease.
The previous Land Lease Agreement between Lessor and Lessee
dated July 28, 1992 and approved under Resolution No. 92 -1034D is
• 1
hereby terminated and the parties are relieved of all further
obligation thereunder.
ARTICLE II
RENT
• Section 2.01 Annual Rent.
Lessee shall pay Lessor for the use and occupancy of the
Premises an annual rent of One ($1.00) Dollar (the "Rent ") , payable
on the Commencement Date and each subsequent anniversary thereof.
Lessee is a tax - exempt entity as evidenced by tax exemption # 60-
22114197530. No sales or use tax shall be included with Rent or
any other payment required "of Lessee pursuant to this Lease.
Payment of Rent will be mailed to Lessor as stated in Section 12.05
of this Lease.
Section 2.02 Assessments.
Lessee during the term of this Lease shall pay before
delinquency all assessments which may be levied by any governmental
authority other than the Lessor against the Premises and the
improvements thereon. In addition, Lessee shall pay before
delinquency all non -ad valorem assessments levied by any
governmental authority, including the Lessor, against the Premises
and improvements thereon.
ARTICLE III
CONSTRUCTION OF LEASED PREMISES
Section 3.01 Lessor's Work.
Lessor agrees to construct the Project in accordance with the
terms and conditions of the Interlocal Agreement. The full,
complete and timely completion of the Project is a condition
precedent to Lessee's obligations hereunder.
Section 3.02(x) Lessee's Work.
Lessee agrees to perform all work, other than Lessor's Work,
which is necessary to fully equip and maintain the Premises for
• Lessee's permitted use of the Premises as specified in Section 4.01
of the Lease. Lessee agrees and acknowledges that all
improvements, alterations or additions performed by Lessee, whether
pursuant to this Section or otherwise (hereinafter collectively
"Alterations "), shall be performed and accomplished solely for the
benefit and convenience of Lessee and not for the benefit of
Lessor, such Alterations being nevertheless subject to each and
every provision of this Lease. All work done by Lessee in
connection with any Alterations, repairs and maintenance on the
Premises shall be done in a good and workmanlike manner.
(b) Mechanics' Liens. Lessee shall comply with the
Construction Lien Law, Florida Statutes, Chapter 713, Part I. in
the performance of Lessee's Work or any Alterations to the
Premises, and shall, where required, obtain a Public Performance
Bond in accordance with Florida Statutes 255.05 prior to commencing
any such improvements.
In the event that a mechanics' claim of lien is filed against
the Premises in connection with any work performed by or on behalf
of the Lessee, the Lessee shall promptly take action to have the
lien removed from the Premises. Further, the Lessee agrees to
indemnify, defend and save the Lessor harmless from and against any
damage or loss incurred by the Lessor as a result of any such
mechanics' claim of lien.
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE
Section 4.01 Use of Premises.
Lessee shall use the Premises solely and exclusively for the
establishment and operation of a local branch library. Lessee
• 2
shall not use, permit or suffer the use of the premises for any
other purpose.
Section 4.02 Waste or Nuisance.
• Lessee shall not commit or suffer to be committed any waste
upon the Premises or allow any nuisance upon the Premises. Lessee
shall not dispose of any contaminants including, but not limited
to, hazardous or toxic substances, chemicals or other agents used
or produced in Lessee's operations, in any manner not permitted by
law. All refuse is to be removed from the Premises at Lessee's
sole cost and expense and Lessee will keep such refuse in proper
fireproof containers on the interior of the Premises until removed.
Lessee, at its sole cost and expense, will keep the Premises free
of rodents, vermin and other pests.
Section 4.03 Governmental Regulations.
Lessee shall, at Lessee's sole cost and expense, comply with
all laws and regulations of all county, municipal, state, federal
and other applicable governmental authorities now in force, or
which may hereafter be in force, pertaining to Lessee or its use
and occupation of the Premises.
Section 4.04 Surrender of Premises.
Upon termination or expiration of this Lease, Lessee shall, at
its sole cost and expense, remove all of its personal property,
trade fixtures and equipment from the Premises and shall surrender
the Premises to the Lessor, whereupon any Alterations constructed
by Lessee shall become the property of Lessor. Lessee agrees to
execute such instruments as may be required to evidence Lessor's
ownership of such Alterations.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of Lessor and Lessee.
Except for any warranty work required to be performed by
• Lessor pursuant to the Interlocal Agreement, Lessor shall not be
obligated or required to make or conduct any maintenance or repairs
to the Premises. All portions of the Premises, and all
improvements constructed on the Premises shall be kept in good
repair and condition by the Lessee, at the sole cost and expense of
Lessee.
Section 5.02 Responsibility of Lessee Regarding Alterations and
Personal Property.
All Alterations and personal property of Lessee shall remain
the property of the Lessee at Lessee's sole risk for the Term of
this Lease, or any extension or renewal hereof.
ARTICLE VI
INSURANCE
Section 6.01 Insurance by Lessee and Lessor.
From the Commencement Date through to the expiration of the
term of this Lease, Lessee and Lessor shall provide each other with
a certificate evidencing coverage or self- insurance coverage for
comprehensive general liability in the amount of $100,000 per
person and $200,000 per incident or occurrence. In the event the
Legislature should change the Lessee's or Lessor's exposure by
Statute above or below the sums insured against, each party shall
provide proof of insurance to the extent of that exposure.
Section 6.02 Property insurance.
If, as a matter of policy (the "County Policy "), the Lessee
shall provide insurance coverage against loss or damage by fire and
other casualty ( "Casualty Insurance ") to properties similar to the
Premises, then the Lessee shall provide Casualty Insurance coverage
to the Premises to the full extent permitted by the County Policy.
• Lessee shall advise Lessor what Casualty Coverage (if any) shall be
provided with respect to the Premises and Lessor shall have the
right to provide such additional Casualty Insurance coverages to
the Premises as it shall deem appropriate. If the County Policy is
such that Casualty Insurance is not provided with respect to the
3
Premises or, if provided initially, such Casualty Insurance
coverage shall be terminated or diminished because of a change in
the County Policy, Lessee shall advise Lessor of such fact in
writing and Lessor, at its own expense, may obtain such Casualty
• Insurance coverages with respect to the Premises as it shall deem
necessary.
Section 6.03 Indemnification.
Lessee shall, to the extent permitted by Law, indemnify and
save harmless the Lessor from and against any and all claims,
suits, actions, damages and /or causes of action arising during the
Term of this Lease for any personal injury, loss of life and /or
damage to property sustained in or about the Premises by reason or
as a result of the use and occupancy of the Premises by the Lessee,
its agents, employees, licensees and invitees, and from and against
any orders, judgements, and /or decrees which may be entered
thereon, and from and against al costs, attorney fees, expenses and
liabilities incurred in and about the defense of any such claim.
Nothing herein shall constitute a waiver of the sovereign immunity
of either party.
ARTICLE VII
DESTRUCTION OF LESSEE'S ALTERATIONS
Section 7.01 Damage or Destruction by Fire, War or Act of God.
In the event any of the improvements upon the Premises shall
be destroyed or damaged or injured by fire or other casualty during
the Term of this Lease or any extension thereof, the Lessee shall,
at its own expense, commence restoration thereof within one hundred
eighty (180) days and thereafter diligently pursue the restoration
to completion. Notwithstanding the foregoing, in the event of any
such casualty, Lessee shall have the right, to be exercised in its
sole discretion, to terminate this Lease. In the event Lessee
elects to terminate this Lease, Lessee shall first place the
Premises in a safe and sightly condition and shall at the request
of the Lessor remove any improvements which are materially damaged.
• ARTICLE VIII
UTILITIES
Lessee shall be solely responsible for and promptly pay
directly to the utility or other provider of such service all
charges and assessments for water, gas, electricity, trash
collection and removal or any other utility used or consumed on the
Premises. In no event shall Lessor be liable for an interruption
LL or failure in the supply of any such utilities to the Premises.
ARTICLE IS
ASSIGNMENT AND SUBLETTING
Section 9.01 Consent Required.
Lessee may not assign, mortgage, pledge or encumber this Lease
in whole or in part, nor sublet all or any portion of the Premises,
without the prior written consent of Lessor in each instance. The
consent by Lessor to any assignment or subletting shall not
constitute a waiver of the necessity for such consent to any
subsequent assignment or subletting.
ARTICLE S
DEFAULT OF LESSEE
Section 10.01 Default of Lessee.
The occurrence of any one or more of the following shall
constitute an Event of Default by Lessee under this Lease: (i)
Lessee shall fail to perform or observe any of the agreements,
covenants or conditions contained in the Lease on Lessee's part to
be performed or observed and such failure shall continue for more
than thirty (30) days after notice from Lessor; (ii) Lessee shall
• vacate or abandon the Premises; or (iii) Lessee's leasehold estate
shall be taken by execution, attachment or process of law. If any
4
Event of Default occurs, then, at any time thereafter while the
Event of Default continues, Lessor shall have the right to give
Lessee notice that Lessor intends to terminate this Lease upon a
specified date not less than three (3) days after the date notice
is received by Lessee, and this Lease shall then expire on the date
• specified as if that date had been originally fixed as the
expiration date of the Term of this Lease. If, however, the
default is cured within the three (3) day period and the Lessor is
so notified, this Lease will continue.
Section 10.02 Waiver, Accord and Satisfaction.
The waiver by Lessor of any default of any term, condition or
covenant herein contained shall not be a waiver of such term,
condition or covenant, or any subsequent default of the same or any
other term, condition or covenant herein contained. The consent or
approval by Lessor to or of any act by Lessee requiring Lessor's
consent or approval shall not be deemed to waive or render
unnecessary Lessor's consent to or approval of any subsequent
similar act by Lessee.
Section 10.03 Legal Expenses.
In the event any action, suit or proceeding is commenced with
respect to the interpretation or enforcement of this Lease, the
prevailing party herein shall be entitled to recover all costs,
expenses and fees expended or incurred in connection therewith,
including, without limitation, reasonable attorney's fees.
ARTICLE XI
QUIET ENJOYMENT
Section 11.01 Lessor's Covenant.
Lessor represents and warrants that the Premises and the
Project shall be free from encumbrances and that upon payment by
the Lessee of the Rent and upon the observance and performance of
all the covenants, terms and conditions of Lessee's part to be
observed and performed, Lessee shall peaceably and quietly hold and
enjoy the Premises for the term hereby demised without hinderance
or interruption by Lessor or any other person or persons lawfully
• or equitably claiming by, through or under the Lessor, subject,
nevertheless, to the terms and conditions of this Lease.
ARTICLE XII
LESSOR'S OBLIGATION TO PURCHASE LESSEE'S ALTERATIONS
Notwithstanding anything in this Lease to the contrary, in the
event Lessor during the term of this Lease ceases to be a member of
the Palm Beach County Library Taxing District or any subsequent
taxing authority duly formed in lieu of said Taxing District,
Lessor, within ninety (90) days of notice by the Lessee, shall be
required to purchase from Lessee all of the improvements
constructed upon the Premises at the depreciated value thereof.
For the purposes hereof, the improvements shall have an initial net
value of Four Hundred Five Thousand Dollars ($405,000) as of the
date of occupancy of the library branch facility by the Lessee,
with a consolidated useful life of twenty -five (25) years and be
depreciated on a straight line basis.
At the closing, Lessee will assign to Lessor all of its right,
title and interest in this Lease and in the Premises, and all
improvements thereon, in a document satisfactory to Lessor and
Lessee shall be released of any and all of its obligations under
this Lease. Prior to the closing, Lessee shall remove all of its
personal property, trade fixtures and equipment from the Premises.
ARTICLE XIII
MISCELLANEOUS
Section 13.01 Successors.
All rights and liabilities herein given to, or imposed upon,
the respective parties hereto shall extend to and bind the several
• 5
respective heirs, executors, administrators, successors, and
permitted assigns of the said parties; and if there shall be more
than one Lessee, they shall be bound jointly and severally by the
terms, covenants and agreements herein. In the event Lessor sells
its interest in the Premises and the purchaser assumes Lessor's
obligations and covenants, Lessor shall thereupon be relieved of
all further obligations hereunder.
Section 13.02 Annual Budgetary funding /Cancellation.
The term of this Lease shall be subject to annual budgetary
funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, Lessee
shall have the right to terminate this Lease for any reason upon
ninety (90) days prior written notice to Lessor, whereupon Lessee's
right, title and interest in this Lease and in the Premises and all
improvements thereon shall be transferred to Lessor. Thereafter,
Lessee shall be relieved of all further obligations hereunder
except in the event termination of this Lease has occurred as a
result of the circumstances set forth in Section 7.01 hereof which,
in that event, Lessee shall be obligated to fulfill the
requirements of said Section 7.01.
Section 13.03 Entire Agreement.
This Lease and the Exhibits attached hereto, together with the
Interlocal Agreement, constitute all agreements, conditions and
understandings between Lessor and Lessee concerning the Premises.
All representations, either oral or written, shall be deemed to be
merged into this Lease and the Interlocal Agreement. Except as
herein otherwise provided, no modification or amendment to the
terms of this Lease shall be binding upon Lessor or Lessee unless
set forth in writing and executed by the parties with the same
formalities required for the original execution of this Lease.
Section 13.04 Notices.
Any consents, approvals and permissions by the Lessor shall be
effective and valid only if in writing and any notice from either
• party to the other as required or permitted hereunder shall be in
writing and shall be deemed to be duly given only if mailed prepaid
by certified mail return receipt requested, addressed:
(a) If to the Lessor at:
Village of Tequesta
Village Manager
357 Tequesta Drive
P.O. Box 3273
Tequesta, FL 33469
(b) If to the Lessee at:
Palm Beach County Library Department
3650 Summit Boulevard
West Palm Beach, FL 33406
with a copy to:
Property and Real Estate Management Division
3323 Belvedere Road
Building 503
West Palm Beach, FL 33406
and
County Attorney
301 North Olive Avenue
West Palm Beach, FL 33401
or at such address as the Lessor or the Lessee, respectively, may
designate in writing.
•
6
Section 13.05 Severability.
If any term of this Lease or the application thereof to any
person or circumstances, shall be determined by a court of
• competent jurisdiction to be invalid or unenforceable, the
remainder of this Lease, or the application or such term to persons
or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each term of this
Lease, shall be valid and enforceable to the fullest extent
permitted by law.
Section 13.06 Brokers Commission.
Lessor and Lessee each represents and warrants to the other
that it has not dealt with any broker salesman, agent or finder in
connection with this transaction. Without limiting the effect of
the foregoing, to the extent permitted by law, each party agrees to
indemnify, defend and save the other harmless from the claims and
demands of any real estate broker claiming to have dealt with the
indemnifying party. Such indemnity shall include, without
limitation, the payment of all costs, expenses and attorneys fees
incurred or expended in defense of such claims or demands.
Section 13.07 Recording.
Upon execution hereof, a copy of this Lease shall be recorded
in the Public Records of Palm Beach County.
Section 13.08 Governing Law.
This Lease shall be governed by and interpreted according to
the laws of the State of Florida.
Section 13.09 Time of Essence.
Time is of the' essence with respect to the performance of
every provision of this Lease in which time of performance is a
factor.
•
(INTENTIONALLY LEFT BLANK)
•
7
Section 13.10 Radon Gas.
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 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 the county health unit.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease, or have caused the same to be executed as of the day and
year first above written.
ATTEST: LESSOR:
o� VZL E OF TEQUESTA
By
(Vi lage caerk Mayor
APPROVED AS TO FORM
AN LEGAL FICIENCY
Vil age Attorney
ATTEST: LESSEE:
DOROTHY H. WILKEN, CLERK___, , PALM BEACH COUNTY, FLORIDA
A POLITICAL SUBDIVISION OF
< ' R M, c:.�� wry E O RIDA
By: (.L./)i 2 C O UN TY !
/D eputy Clerk ,03, r
v ; air
• APPROVED AS TO FORM S
dd -
AND LEGA+ BUFF IENCY ..
f
R9 18 6 2D
Assistant un Attorne
DEC 2 0 1994
mmr \agreemnt \tequesta.lib
12/06/94
•
8
EXHIBIT $'A°
LEGAL DESCRIPTION OF PREMISES
•
•
_.�EGAL DE�CR/DT /O/V
• A PARCEL Of LA)D LTING IN SECTION 10. TOWNSHIP 40 SO1RN, RANGE
41 EAST, TALI BEACH COUNTY, FLORIDA SLING MORE PARTIMLARi.Y
DESCRIBED AS FOLLOWS;
COMMENCING FROM THE NORTUWEST CORNC R OF THt SOVrHWEST ONE QUARTER
Of SAID StCfION 10, BEAR H 89.41 - 04 6 E, ALONG THS NOR" LINE Of
SAID SOlTMUT ONE Q""Clt A DISTANCE Of 95 .2 fln TO THE
INTERSECTION WITN TUB EAR RIGA? -OF -WAY LINE Of OLD DIXIE
HIGHWAY, AN BO FOOT SIGUT- Of-YAY AS No LAID OUT AND IM OBE;
THENCE BEAR S 22.11 E, ALOW SAID WT RIGHT -OF -WAY LINE, A
DISTANCE Of 421.17 FEE'! TO TITS POINT OF &WINNING; TUCKS
CONTINUE S 22.11.91- E, ALONG SAID RIGHT- Of-WAY LINE. A DISTANCE
Of 175.00 PM; THENCE EE0 N 67.10 E. A DISTANCE Of 266.00
FEET; THENCE SEAR N 22.41 W. ALONG A LINE PARAL.EL TO THE
SAID UST RIGHT -Of -WAY LINS OF OLD DIXIE HIGHWAY, A DISTANCE Of
175.00 FEET; THENCE SEAR S 67.10 1 09 0 W. A DISTANCE OF 266.00 FEET
TO THE POINT Of BSS INNING.
CONTAINING 1.069 ACRES MORt OR LtSS (66,550 SQ. FT.)
•
•
EXIBIT IIBn
SITE PLAIN
•
EXHIBIT "A"
LEGAL DESCRIPTION OF PREMISES
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS;
COMMENCING FROM THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER
OF SAID SECTION 30, BEAR N 89 49' 04" E, ALONG THE NORTH LINE OF
SAID SOUTHWEST ONE QUARTER A DISTANCE OF 953.24 FEET TO THE
INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF OLD DIXIE HIGHWAY,
AN 80 FOOT RIGHT -OF -WAY AS NOW LAID OUT AND IN USE; THENCE BEAR S
22 41' 51" E, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF
421.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 22 41'
51" E, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 175.00 FEET
THENCE BEAR N 67 18' 09" E, A DISTANCE OF 266.00 FEET; THENCE BEAR
N 22 41' 51" W, ALONG A LINE PARALLEL TO THE SAID EAST RIGHT -OF-
WAY LINE OF OLD DIXIE HIGHWAY, A DISTANCE OF 175.00 FEET; THENCE
BEAR S 67 18' 09" W, A DISTANCE OF 266.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.069 ACRES MORE OR LESS (46,550 SQ. FT.)
•
•
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