HomeMy WebLinkAboutResolution_22-92/93_08/12/1993 r
RESOLUTION NO. 22 — 92193
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, ACCEPTING AND APPROVING A LEASE
AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA
AND THE JTJC, INC. FOR OUTDOOR RECREATIONAL
PURPOSES AND 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 1. The Lease Agreement Between the JTJC, Inc., and
the Village of Tequesta for Outdoor Recreational Purposes
(Constitution Park) attached hereto as Exhibit "A" 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
Collings , who moved its adoption. The
motion was seconded by Councilmember Schauer ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Ron T. Mackail
Elizabeth A. Schauer
Earl L. Collins
•
The Mayor thereupon declared the Resolution duly passed and
adopted this 12th day of August, A.D., 1993.
MAYOR OF TEQUESTA
i Ron T. Mackail
ATTEST:
oann Mangani to
Village Clerk
LEASE AGREEMENT
THIS LEASE made and entered into this 2-0 day of �'w!�' �'`
1993, between the Jupiter - Tequesta Junior Citizens, Inc., a
nonprofit organization, its heirs, successors and assigns,
hereinafter referred to as "Lessor ", and the Village of Tequesta,
a municipal corporation of the State of Florida, hereinafter
referred to as "Lessee ".
WHEREAS, it is the desire of both parties to this Lease to
provide an outdoor recreational facility on real property owned
by the Lessor for use by the youth and general public as a park
area for outdoor recreational purposes without charge; and
WHEREAS, Lessee is willing to operate and maintain the park
and the recreational facilities located thereon pursuant to the
terms of this Agreement; and
WHEREAS, this Lease is for the benefit of the parties
hereto and is not intended to accrue to the benefit of third
party beneficiaries.
NOW, THEREFORE, for and in consideration of the sum of
$10.00, the mutual promises, covenants and agreements mentioned
herein, and other valuable considerations, receipt whereof is
hereby acknowledged, Lessor hereby leases to Lessee all of the
property owned by Lessor as more fully described in Exhibit "A"
attached hereto and made a part hereof, such leasing to be for
recreational purposes and pursuant to the following terms:
1. TERMS OF LEASE: The term of this lease shall be for a
period of fifty (50) years commenc ng with the date herein to and
including the 204 - day of I D -VA , 2043.
2. HOURS OF OPERATION: It is expressly understood and
agreed that said premises are to be open to the general public
only from sunrise to sunset, except for special events allowed in
accord with Village of Tequesta special events policy as may
exist now or be hereafter developed.
3. LESSOR'S TITLE: Lessor hereby warrants and covenants
that Lessor has good fee simple title to the real estate and
improvements which include the leased premises hereunder and that
it has full power and authority to execute this lease and to
grant to Lessee lessor's rights hereunder. Lessor shall deliver
to Lessee, simultaneously with the final execution hereof, a
policy of title insurance in a face amount not less than
$265,000, acceptable to Lessee, insuring Lessee's improvements on
the leased property, the cost of said policy to be borne by
Lessor.
1
4. USE OF SITE: It is expressly understood and agreed that
said premises are to be used solely by Lessee and exclusively for
public park and recreational purposes. No restriction or
limitation on usage of the premises shall be imposed by Lessee
without the prior approval of Lessor, which approval shall not be
arbitrarily or unreasonably withheld.
5. IMPROVEMENTS: Lessee shall have the right to build any
improvements necessary or convenient for the recreational
development of the lands leased from Lessor under this Lease,
provided that the location and design of said improvements shall
be subject to the prior approval of the Lessor, which approval
shall not be arbitrarily or unreasonably withheld. A Master
Facilities Plan has been previously agreed to between Lessor and
Lessee, which Plan is incorporated by reference with this Lease
(see Exhibit "C "). Lessor warrants that it will request no
amendments to said Plan within a period of ten (10) years from
the date of this Lease.
6. SECURITY CLAUSE: Lessee shall, in its discretion, have
the right to operate the leased lands as a public facility by
whatever security measures it deems necessary to guarantee the
health, safety and welfare of the general public, which right
shall include securing the property by constructing additional
improvements related to security in a manner deemed necessary by
Lessee. Lessee shall notify Lessor in advance of the
construction of any such security related improvements.
7. MAINTENANCE: The Lessee shall, at all times, keep the
premises in good condition and repair at its own expense.
8. ALTERATION AND TREE REMOVAL: No trees shall be removed
or major land alterations undertaken by the Lessee without the
prior approval of the Lessor, which approval shall not be
arbitrarily or unreasonably withheld.
9. INSPECTION OF PROPERTY: The Lessor shall have the
right, at any reasonable time, to inspect the leased land and the
works and operations thereon of the Lessee in any matter
pertaining to this Agreement.
10. HOLD HARMLESS: The Lessee shall hold the Lessor
harmless from liability or claims that may result from injuries
to persons or damage to property resulting from the Lessee's
management and use of the leased premises, including the parking
lot, said liability to be limited to the extent authorized
pursuant to Florida law for municipal governments and to the
operation of public recreational areas open to the general public
without charge. Lessee shall provide Lessor with proof of
insurance showing Lessee as an additional insured.
2
11. TERMINATION OF LEASE: This lease may be terminated
upon ninety (90) days written notice, subject to the mutual
consent of both Lessor and Lessee. Lessor may not assign its
interest in the Lease on the property described in Exhibit "A"
without the prior written consent of the Lessee, which consent
shall not be unreasonably withheld.
12. DISPOSAL OF FACILITIES: Should Lessor and Lessee
mutually agree to terminate this Lease, all buildings, facilities
and improvements constructed by Lessee during the term of this
Lease shall become the property of the Lessee. All such
buildings, facilities and improvements not removed within one
hundred eighty (180) days of lease termination shall then revert
to and become the property of the Lessor.
13. REMOVAL OF FACILITIES: Within one hundred eighty (180)
days of termination of Lease, the Lessee shall, at its own
expense, remove any or all facilities that the Lessor requests in
writing to be removed from the leased property.
14. LEASE TRANSFER: This Lease, and any rights and
privileges conferred herein, shall not be assigned or transferred
by the Lessee without the prior written consent of the Lessor.
15. JUPITER— TEQUESTA JUNIOR CITIZENS, INC. PARKING LOT:
The Lessor agrees to allow the Lessee to utilize the JTJC parking
lot as described in Exhibit "B" attached hereto, for vehicular
parking during the course of utilizing the outdoor recreational
facilities. Lessee agrees to maintain the parking lot in return
for such parking privileges. Prior approval of the Lessor shall
be required for improvements to the parking lot. Approval shall
not be arbitrarily or unreasonably withheld. The Lessee shall
provide additional lighting, as deemed necessary by Lessee, to
illuminate the parking facility.
16. ENFORCEMENT OF LAWS AND POLICIES: The Lessee shall
enforce all federal, state and local laws and park policies. The
Lessor, whenever possible, agrees to assist the Lessee in the
enforcement of the same.
17. UTILITIES: Lessee shall pay all utility costs
associated with the operation of the outdoor recreational
facilities.
18. ADMISSION FEE: The Lessee shall at no time charge an
admission fee to enter or to use facilities within the leased
property.
19. ALCOHOLIC BEVERAGES: The Lessee shall not allow
alcoholic beverages on the leased property at any time.
3
20. UNAUTHORIZED MOTOR VEHICLES: The Lessee shall at no
time allow unauthorized motor vehicles to enter any part of the
leased property set aside for recreational use.
21. LETTER OF AGREEMENT FOR RECIPROCAL PARKING: Lessor
warrants unto the Lessee that for the duration of this Lease, it
will enter into and maintain a Reciprocal Parking Agreement for
shared parking with the Church of the Good Shepherd located at
400 Seabrook Road, Tequesta, Florida.
22. CONTINUOUS USE: Lessee agrees to use the property
continuously for purposes consistent with this Lease. In the
event Lessee shall abandon such use, Lessee shall be in default
of this Lease and shall be relieved of any responsibilities
hereunder except that the provisions of Paragraph 11 and 12
relating to termination shall apply.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seal on the day and year first above written.
Signed, sealed and delivered
in the presence of: LESSOR:
JUPITER — TEQUESTA JUNIOR
CITIZENS BOARD OF DIRECTORS
��-
President
LESSEE:
VILLAqEq OF TEQUESTA
BY:
Ron T. Mackail
1 Mayor
Uv
Attest: _
• ann Manganie o
Village Clerk
4
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State aforesaid and in the County afo esaid, to
take acknowledgments, personally appeared Z .- ' -94 ,
President of the JUPITER- TEQUESTA JUNIOR CITIZENS BOARD OF
DIRECTORS, who is personally known to me or who has
produced as identification and
who did (did not take an oath and who executed the foregoing
instrument and acknowledged before me that he /she executed the
same.
WITNESS my hand and official seal in the County and State
last aforesaid, this day of , 1993.
gnature o Notary Public
My commission expires:
7oRNN MA146 - AU 1 t LL&
Printed name of Notary
Pulc
1'40 , RY PUBUCh, STATE OF FLORIDA.
rs MY � f ,. ^d U I PMES Dec. 22,199S.
� CC /6 f 77S
Commission Number:
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before an officer duly
authorized in the State aforesaid and in the County aforesaid, to
take acknowledgments, personally appeared RON T. MACKAIL AND
JOANN MANGANIELLO, Mayor and Village Clerk respectively, of the
village of Tequesta, a municipal corporation, who are personally
known to me or who have produced
as identification and who did (did not) take an oath and who
executed the foregoing instrument and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State
aforesaid, this 20 day of S , 1993.
(� - -A fz--
Signature of Notary Public
My commission expires:
Printed name of Notary Public
Commission Number:
5 :� .Y f� CARL R. RODERICK
_.: K MY COMMISSION i CC 25M
z . = EXPIRES: Janmy 8, IOU,
R I Bonded Thru No" PW* W orwih n
EXHIBIT " A "
THE SOUTH 279.00 FEET OF THE NORTHEAST 1/4 OF THB SOUTHEAST
1/4 OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT OF WAY
LINE OF SEABROOR ROAD (AN 80 FOOT RIGHT OF WAT) I AS RECORDED
IN OFFICIAL RECORD5BOOR 524 AT PAGE 111e PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS: LESS H0`W VER THE FOLLOWING FIVE
PARCELS OF LAND; THE FAST 205.00 FEET OF THE SOUTH 132.00
FEET; THE WEST 75.00 FEET OF THE EAST 380.00 FEET OF THE SOUTH
132.00 FEET; THE WEST 50.00 FEET OF THE EAST 580.00 FEET OF
TIIE SOUTH 132.00 FEET; THE SOUTH 15.00 FEET; THE WEST 142.90
FEET OF THE EAST 227.90 FEET OF THE NORTH 113.50 FEET OF SAID
SOUTH 279.00 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
LYING WEST OF SEABROOK ROAD.
O SUBJECT TO A PARKING AND ACCESS EASEMENT OVER AND ACROSS THE
EAST 85.00 FEET OF THE NORTH 147.00 FEET OF SAID NORTH 279.00
FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF
SEABROOK ROAD.
•
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•�;,/ L S3I39dS 9, NI SS31 43AH3S3Hd A'I'IVIIN3SS9 99 0 ISIX3
JUPITER - TEQUESTA JUNIOR CITIZENS
Office Box 4072
Tequesta, FL 33469
CORPORATE RESOLUTION
I, FRANCES M. SAGRANS, do hereby certify that I am the duly elected and acting
Secretary of JUPITER - TEQUESTA JUNIOR CITIZENS, INC., a corporation not - for - profit
( "JTJC "), and that I am the keeper of the Corporate records and the seal of the Corpora-
tion.
Per resolution first adopted at the February 3, 1992 Board Meeting, and again at
the May 3, 1993 Board Meeting, by majority consent of the Board of Trustees, said
Board of Trustees have duly ratified and affirmed the same in the form hereinafter set
forth.
RESOLVED, as follows:
1. JTJC shall grant lease of its property located on Seabrook Road in Tequesta,
Florida, to the Village of Tequesta for purposes of operating and maintaining
a park and recreational facility thereon.
2. That the President, Secretary, and /or Facilities Chairman be and they hereby
are authorized and directed to execute any documents, and do any and all
things that may be necessary to effectuate the foregoing resolution.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and
affixed the Corporate Seal of the Corporation this 19th day of July, 1993
• rances M. Sa r ns e . et r�r
g
Post -ItTm brand fax transmittal memo 7671 # of pages ►
To nom -
Co. � o.
Pt. Phones 7S_ 6 �a U
Fax # Fax #
X 7 5` sl 03
LEASE AGREEMENT
THIS LEASE made and entered into this day of
40 , 1991, by and between the Jupiter - Tequesta
Junior Citizens, Inc., a nonprofit organization, hereinafter
referred to as "Lessor ", and the Village of Tequesta, a municipal
corporation of the State of Florida, hereinafter referred to as
"Lessee."
WHEREAS, it is the desire of both parties in this lease to
provide an outdoor recreational facility on real property owned by
the Lessor for use by the youth and general public as a park area
for outdoor recreational purposes without charge; and
WHEREAS, Lessee is willing to operate and maintain the park
and the recreational facilities located thereon pursuant to the
terms of this agreement.
NOW, THEREFORE, for and in consideration of the mutual
promises, covenants and agreements mentioned herein, Lessor hereby
leases to Lessee all of the property owned by Lessor as more fully
described in Exhibit " A " attached hereto and made a part hereof,
such leasing to be for recreational purposes and pursuant to the
following terms:
1. TERMS OF LEASE: The term of this lease shall be for a
period of fifty (50) years commencing with the date herein to and
including the day of 2041.
2. RENT: Lessee shall pay Lessor as rent for the premises
$ for each year during the term of this lease. Such
rent shall be payable on or before the day of
in each year.
3. LESSOR'S TITLE: Lessor hereby warrants and covenants
that Lessor has good fee simple title to the real estate and
improvements which include the leased premises hereunder and that
it has full power and authority to execute this lease and to grant
to Lessee lessor's rights hereunder.
4. USE OF SITE: It is expressly understood and agreed that
said premises are to be used by Lessee exclusively for public park
and recreational purposes. No restriction or limitation on usage
of the premises shall be imposed by Lessee without the prior
• approval of Lessor, which approval shall not be arbitrarily or
unreasonably withheld.
5. IMPROVEMENTS: Lessee shall have the right to build any
improvements necessary or convenient for the recreational
development of the lands leased from Lessor under this lease
provided that the location and design of said improvements shall be
subject to the prior approval of the Lessor, which approval shall
not be arbitrarily or unreasonably withheld.
1
6. MAINTENANCE: The Lessee shall, at all times, keep the
premises in good condition and repair at its own expense.
7. ALTERATION AND TREE REMOVAL: No trees shall be removed
or major land alterations undertaken by the Lessee without the
prior approval of the Lessor, which approval shall not be
arbitrarily or unreasonably withheld.
8. INSPECTION OF PROPERTY: The Lessor shall have the right
at any reasonable time, to inspect the leased land and the works
and operations thereon of the Lessee in any matter pertaining to
this Agreement.
9. HOLD HARMLESS: The Lessee shall hold the Lessor harmless
from liability or claims that may result from injuries to persons
or damage to property resulting from the Lessee's management and
use of the leased premises, including the parking lot, said
liability to be limited to the extend authorized pursuant to
Florida law for municipal governments and to the operation of
public recreational areas open to the general public without
charge. Lessee shall provide Lessor with proof of insurance
showing Lessee as an additional insured.
10. TERMINATION OF LEASE: This lease may be terminated upon
ninety (90) days written notice, subject to the mutual consent of
both Lessor and Lessee. Lessor may assign its interest in the
Lease on the property described in Exhibit "A ".
11. DISPOSAL OF FACILITIES: Should Lessor and Lessee
mutually agree to terminate this lease, all buildings, facilities
and improvements constructed by Lessee during the term of this
lease shall become the property of the Lessee. All such buildings,
facilities and improvements not removed within one hundred eighty
(180) days of lease termination shall then revert to and become the
property of Lessor.
12. REMOVAL OF FACILITIES: Within one hundred eighty (180)
day of termination of Lease, the Lessee shall, at own expense,
remove any or all facilities that the Lessor requests in writing to
be removed from leased property.
13. LEASE TRANSFER: This lease, and any rights and
privileges conferred herein, shall not be assigned or transferred
by the Lessee without the prior written consent of the Lessor.
14. JUPITER- TEQUESTA JUNIOR CITIZENS, INC. PARKING LOT: The
Lessor agrees to allow the general public to utilize the JTJC
parking lot as described in Exhibit "B" attached hereto for
vehicular parking during the course of utilizing the outdoor
recreational facilities. Lessee agrees to maintain the parking lot
in return for such parking privileges. Prior approval of the
Lessor shall be required for improvements to the parking lot.
Approval shall not be arbitrarily or unreasonably withheld. The
Lessee shall provide additional lighting, as deemed necessary by
Lessee, to illuminate the parking facility.
2
15. ENFORCEMENT OF LAWS AND POLICIES: The Lessee shall
enforce all federal, state and local laws and park policies. The
Lessor, whenever possible, agrees to assist the Lessee in the
• enforcement of the same.
16. UTILITIES: Lessee shall pay all utility costs associated
with the operation of the outdoor recreational facilities.
17. ADMISSION FEE: The Lessee shall at no time charge an
admission fee to enter or to use facilities within the leased
property.
18. ALCOHOLIC BEVERAGES: The Lessee shall not allow
alcoholic beverages on the leased property at any time.
19. UNAUTHORIZED MOTOR VEHICLES: The Lessee shall at not
time allow unauthorized motor vehicles to enter any part of the
leased property set aside for recreational use.
20. PARKING SPACES. Lessee covenants to develop at least 20
additional parking spaces for the leased property. Lessor will
cooperate with Lessee's development plans.
21. CONTINUOUS USE. Lessee agrees to use the property
continuously for purposes consistent with this lease. In the event
Lessee shall abandon such use, Lessee shall be in default of this
lease.
22. COURTS. Lessee agrees to develop playing courts on the
property for use of racquetball and handball courts. Lessor may
solicit charitable contributions and it may contribute funds or
facilities to the park, including heart trails, playing courts and
playground equipment. The location and type of such facilities
will be agreed to between Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the day and year first above written.
Signed, sealed and delivered
in the presence of: LESSOR:
JUPITER - TEQUESTA JUNIOR CITIZENS
BOARD OF DIRECTORS
o B
Its
3
LESSEE:
VILLAGE OF TEQUESTA
By:
Joseph N. Capretta, Mayor
Attest:
Bill C. Kascavelis
Village Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before, an officer duly
authorized in the State aforesaid and in the County aforesaid, to
take acknowledgements, personally appeare —�_,�
President of the JUPITER- TEQUESTA JUNIOR CITIZENS BOARD OF
DIRECTORS, to me known to be the per on described in and who
executed the foregoing instrument and acknowledged before me
that he executed the same.
• WITNESS my hang and official ea l in a County and State last
aforesaid, this A day of 1991.
OF SWW(L PUB C
FRAN M SAGRANS
My commission expires • ";A ",� Notary Public State of Florida
Mr commission Expires
JULY 16 1994
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before, an officer duly
authorized in the State aforesaid and in the County aforesaid, to
take acknowledgements, personally appeared JOSEPH N. CAPRETTA and
BILL C. KASCAVELIS, Mayor and Village Clerk respectively, of the
Village of Tequesta, a municipal corporation, to me known to be the
person described in and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid, this day of 1991.
NOTARY PUBLIC
My commission expires:
(f : \rmm\1easeagr. car)
4
f 617.028 BUSINESS ORGANIZATION8
Historical and Statutory Notes "apply to all causes of action accruing oc or
Laws 1987, c. 87 -245, 1 4, rewrote the section after the effective date of this act ".
which, prior thereto, provided: haws 1988, c. 88-403, ¢ 1, eff. October 1, 1988,
'The provisions of a. 807.014 apply to corpora- provided for time -share managing entity under
tions not for profit. Any reference to 'directors' chapter 721 in the first sentence.
in that section Includes the directors, managers,
or trustees of a corporation not for profit." Library References
Section 13 of Laws 1987, c. 87 -245 provides Corporations 0-308(1).
for the law to take effect July 1, 1987, and to C.I.S. Corporations 6 803.
617.0285. Officers and directors of certain corporations and associations not for
profit; Immunity from civil liability
(1) An officer or director of a nonprofit organization recognized under s. 501(cx3) or S.
501(cx4) or s. 601(cx6), or of an agricultural or a horticultural organization recognized
under s. 501(cx5), of the Internal Revenue Code of 1986, as amended, is not personally
liable for monetary damages to any person for any statement, vote, decision, or failure to
take an action, regarding organizational management or policy by an officer or director,
unless:
(a) The officer or director breached or failed to perform his duties as an officer or
director; and
(b) The officer's or director's breach of, or failure to perform, his duties constitutes:
1. A violation of the criminal law, unless the officer or director had reasonable cause
to believe his conduct was lawful or had no reasonable cause to believe his conduct was
unlawful. A judgment or other final adjudication against an officer or director in any
criminal proceeding for violation of the criminal law estops that officer or director from
contesting the fact that his breach, or failure to perform, constitutes a violation of the
criminal law, but does not estop the officer or director from establishing that he had
reasonable cause to believe that his conduct was lawful or had no reasonable cause to
believe that his conduct was unlawful;
2. A transaction from which the officer or director derived an improper personal
benefit, either directly or indirectly; or
3. Recklessness or an act or omission which was committed in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of human
rights, safety, or property.
(2) For the purposes of this section, the term:
(a) "Recklessness" means the acting, or omission to act, in conscious di:: e-ard of a
risk:
L Known, or so obvious that it should have been known, to the officer or director;
and
2. Known to the officer or director, or so obvious that it should have been known, to
be so great as to make it highly probable that harm would follow from such action or
omission.
(b) "Director" means a person who serves as a director, trustee, or member of the
governing board of an organization.
(c) "Officer" means a person who serves as an officer without compensation except
reimbursement for actual expenses incurred or to be incurred.
Laws 1987, e. 87 -245, 12, eff. July 1, 1987.
Repeal
Laws 1990, c. 90 -179, ¢ 128, provides for repeal of this section, eff. July 1,
1991. For later enactment see J 617.08J4.
Historical and Statutory Notes "apply to all causes of action accruing on or
Section 13 of Laws 1987, c. 87 -245 provides after the effective date of this act ".
for the law to take effect July 1, 1987, and to
218
EYMBIT "A"
THE SOUTH 279.00 FEET OF THE MORTHMST 1/4 OF THE SOUTHEAST
1/4 OF SECTION 25. TMISHIP 40 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT OF WAY
LINE OF SEABROOK ROAD (AN 80 FOOT RIGHT OF WAY), AS RECORDED
IN OFFICIAL RECORDS BOOR 524 AT PAGE I11, PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS: LESS HONER THE FOLLOWING FIVE
PARCELS OF LAND; THE FAST 205.00 FEET OF THE SOUTH 132.00
FEET; THE WEST 75.00 FEET OF THE EAST 380.00 FEET OF THE SOUTH
132.00 FEET; THE WEST 50.00 FEET OF THE EAST 580.00 FEET OF
THE SOUTH 132.00 FEET; THE SOUTH 15.00 FEET; THE WEST 142.90
FEET OF THE EAST 227.90 FEET OF THE NORTH 113.50 FEET OF SAID
SOUTH 279.00 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
LYING WEST OF SEABROOK ROAD.
SUBJECT TO A PARKING AND ACCESS EASEMENT OVER AND ACROSS THE
EAST 85.00 FEET OF THE NORTH 147.00 FEET OF SAID NORTH 279.00
FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF
SEABROOK ROAD.
EXHIBIT "B"
Ave
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RIGHT OF WAY.
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LAW OFFICES
CALDWELL & PACETTI
MANLEY P. CALDWELL, JR. 324 ROYAL PALM WAY OFCOUNSEL
KENNETH W. EDWARDS PALM BEACH, FLoFJDA 33480 -4352 ARTHUR E. BARROW
CHARLES F. SCHOECH MADISON F. PACETTI
MARY M. VIATOR TELEPHONE (407) 655 -0620
BETSY S. BURDEN PLEASE REPLY TO
B. ALLEN HEEKE,JR. TELECOPIER (407) 655-3775 P.O. BOX 2775
PALM BEACH, FL. 33480 -2775
September 23, 1993
CERTIFIED MAIL
RETURN REC'T REQ'D
Gary Preston, Director Public Works
VILLAGE OF TEQUESTA
357 Tequesta Drive
Tequesta, Florida 33469 -3094
Re: Five Year NPDES Water Quality Monitoring Program
Subject Matter: NPBCWCD - Village of Tequesta Interlocal
Agreement
Dear Mr. Preston:
On behalf of Northern Palm Beach County Water Control District, I
am enclosing, herewith, one (1) fully executed original of the
aforementioned Interlocal Agreement.
The other duplicate original of this Agreement has been sent to the
Clerk of the Court for filing in accordance with Chapter 163, Part
I, Florida Statutes.
Naturally, if you should have any questions regarding the above or
the enclosure, please feel free to contact me.
Very truly yours,
enneth W. Edwards
KWE /mac
Enclosures
cc: Thomas G. Bradford, Village Mgr. (w /enclosure)
VILLAGE OF TEQUESTA
Alan D. Wertepny, P.E. (w /enclosure)
MOCK, ROOS & ASSOCIATES, INC.
Peter L. Pimentel, Executive Director (1st page only)
NORTHERN PALM BEACH COUNTY W.C.D.
" 39
INTERLOCAL AGREEMENT FOR WATER QUALITY
MONITORING REQUIRED UNDER THE EPA
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT
•
This Agreement shall be effective as of the day of
1993, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to
as the "DISTRICT ") and VILLAGE OF TEQUESTA, 357 Tequesta Drive,
Tequesta, FL 33469 -0273, (hereinafter referred to as the
"PERMITTEE ").
W I T N E S S E T H:
WHEREAS, the parties to this agreement, have previously
entered into two Interlocal Agreements for the preparation and
submission of an application to the Environmental Protection
Agency (hereinafter referred to as "EPA ") for a National Pollutant
Discharge Elimination System (hereinafter referred to as "NPDES ")
permit, and
WHEREAS, the NPDES permit if issued to the PERMITTEE will be
for a period of five years, during which time the PERMITTEE will
be required to implement a five year monitoring program for water
quality sampling and submit annual reports to EPA; and
WHEREAS, there are approximately forty governmental entities
• operating within Palm Beach County, Florida who have been required
to apply for an NPDES permit and upon their receipt of said
permit, will also be required to implement a five -year monitoring
program for water quality sampling and the submission of annual
reports to EPA; and
WHEREAS, the parties to this Agreement, and all other govern-
mental entities located within Palm Beach County, Florida who are
• required to apply for and receive an NPDES permit, have determined
that it is in their best interests to pool their efforts in order
to provide an efficient and cost saving mechanism for initiating
and complying with the EPA's five -year monitoring and report
programs; and
WHEREAS, the DISTRICT will be entering into agreements.
similar to this Agreement with most if not all of the other
governmental entities located within Palm Beach County, Florida
who are required to obtain an NPDES permit from the EPA; and
WHEREAS, the parties are authorized pursuant to the laws of
Florida to enter into this Interlocal Agreement for the purposes
set forth herein.
NOW, THEREFORE, the undersigned parties, for and in consider-
ation of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant and agree
with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The recitals as set forth hereinabove are considered
true and correct and are incorporated herein by this reference.
• SECTION TWO
SCOPE OF WORK
2.01. The DISTRICT does hereby agree to provide the follow-
ing services on behalf of the PERMITTEE:
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(A) The implementation and supervision of the
five -year water monitoring program required by Section 5.4 of the
• PERMITTEE'S General MS4 Part 2 NPDES Permit Application.
(B) The implementation of a program to coordinate
with all other governmental entities located within Palm Beach
County, Florida that are subject to the NPDES permit water
monitoring requirements, the preparation and submission of reports
to the EPA.
(C) Preparation and submission of the Annual Water
Quality Monitoring Report required to be submitted to EPA by the
PERMITTEE.
(D) Analyzing the water quality sampling data derived
from the Water Quality Monitoring program in order to generate an
estimate of the seasonal event mean concentrations of selective
pollutants in discharges resulting from representative storm
events and land uses.
SECTION THREE
TERM OF THE AGREEMENT
3.01. This Agreement shall be effective as of the date of
its execution by all parties hereto and shall continue in full
force and effect on an annual Funding Year (as hereinafter
defined) renewal basis unless terminated in accordance with the
is provisions of this Agreement.
3.02. The term "Funding Year" shall be defined for the
purposes of this Agreement as the following fiscal year periods,
namely:
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(A) Interim Funding Year - from the date of
execution of this Agreement through
September 30, 1993.
(B) First Funding Year - from October 1,
1993 through September 30, 1994.
(C) Second Funding Year - from October 1, 1994
through September 30, 1995.
(D) Third Funding Year - from October 1,
1995 through September 30, 1996.
(E) Fourth Funding Year - from October 1, 1996
through September 30, 1997.
(F) Fifth Funding Year - from October 1, 1997
through September 30, 1998.
3.03. This Agreement shall be automatically renewed on an
annual basis for each of the above - defined Funding Years, unless a
party to this Agreement should provide written notice of
non - renewal to the other party at least sixty (60) days prior to
the end of a Funding Year.
SECTION FOUR
TERMINATION PROVISIONS
4.01. The DISTRICT, in order to carry out the duties and
obligations it has assumed herein, will be required to enter into
contractual arrangements with third parties for the provision of
certain services and in that the PERMITTEE is dependent upon the
DISTRICT to carry out the duties and responsibilities the DISTRICT
has assumed herein, neither party to this Agreement may terminate
the Agreement during any Funding Year except for the following
enumerated reasons and pursuant to the provisions of paragraph
4.02, namely:
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(A) The failure by the PERMITTEE to pay in accordance
with the provisions of Sections Five and Six of this Agreement.
• (B) The failure by the DISTRICT, after receiving
written notification by the PERMITTEE identifying any alleged
default by the DISTRICT of its obligations under the terms of this
Agreement, to correct said alleged default within thirty (30) days
of receipt of the PERMITTEE'S notice.
(C) The PERMITTEE'S being released from the obliga-
tion under its NPDES permit to provide a Water Quality Monitoring
program.
4.02. A party authorized to terminate this Agreement for one
of the above enumerated reasons, must provide thirty (30) days
prior written notice to the other party of said terminating
party's decision to terminate. Once the notice is issued, the
termination shall not be effective until said thirty (30) day time
period has elapsed.
4.03. If this Agreement is not renewed at the end of any
Funding Year or is terminated in accordance with one of the above
enumerated reasons, all documentation and data previously
collected by the DISTRICT in carrying out the duties and responsi-
bilities it has assumed herein, shall be made available to the
PERMITTEE, provided, however, the originals of said documentation
and data shall be retained by the DISTRICT. The PERMITTEE shall
• be authorized to duplicate or copy all of said documentation and
data provided that the cost of same shall be borne by the
PERMITTEE.
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SECTION FIVE
FUNDING AND PAYMENT PROCEDURE
• 5.01. In that this Agreement is anticipated to be renewed
for a number of Funding Years, it is difficult to project the
potential costs the DISTRICT may incur in future Funding Years for
carrying out the duties, obligation and responsibilities assumed
herein by it.
Due to the above, the parties agree that it is in
their best interest to arrive at a payment amount on an annual
Funding Year basis in order to more reasonably calculate the
amount that will be required to be paid by the PERMITTEE to the
DISTRICT.
5.02. In accordance with the above, the parties agree as
follows:
(A) For the Interim Funding Year, the PERMITTEE shall
pay to the DISTRICT the sum of $800.00, with said sum to be paid
pursuant to Section 6 of this Agreement.
(B) For the First Funding Year, the PERMITTEE shall
pay to the DISTRICT the sum of $1,600.00, with said sum to be paid
pursuant to Section 6 of this Agreement.
5.03. As for payments that will be required to be paid by
the PERMITTEE to the DISTRICT for the Second through the Fifth
calendar years, the parties agree that the DISTRICT shall provide
• a cost estimate to the PERMITTEE of the PERMITTEE'S next Funding
Year's estimated payment amount, with the cost estimate for the
Second Funding Year to be issued on or before March 1, 1994 and on
or before March 1st of each year thereafter for the subsequent
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Funding Years. Following which and prior to sixty (60) days
before the beginning of the next Funding Year, the DISTRICT and
• PERMITTEE shall agree in writing upon a mutually acceptable dollar
amount to be paid by the PERMITTEE to the DISTRICT for the
subsequent Funding Year, all of which shall be paid pursuant to
Section Six of this Agreement. If, however, the parties cannot
agree upon a mutually acceptable dollar amount by the
aforementioned deadline, then in that event this Agreement shall
be deemed terminated unless otherwise agreed to in writing by and
between the parties.
SECTION SIX
PAYMENT PROCEDURE
• 6.01. The DISTRICT during each Funding Year shall submit a
monthly invoice to the PERMITTEE for such costs and expenses as
are obligated to be paid or have been incurred by the DISTRICT in
carrying out the duties and responsibilities the DISTRICT has
assumed under the terms of this Agreement.
6.02. The initial monthly invoice for the Interim Funding
Year shall be mailed by the DISTRICT to the PERMITTEE on or about
the 15th day of August following the execution of this Agreement,
with all future monthly invoices to be mailed on or about the 15th
day of each month thereafter throughout the term of this Agree-
ment, including renewals, if any.
6.03. The PERMITTEE shall promptly process the DISTRICT'S
invoice and pay same within thirty (30) days from the date of the
invoice.
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6.04. Unless otherwise agreed to in writing by and between
the parties, if a monthly invoice is not paid in full within
thirty (30) days of its due date, then in that event the duties
and responsibilities assumed by the DISTRICT under the terms of
this Agreement may, following five (5) days written notice to the
PERMITTEE, be suspended and /or terminated by the DISTRICT at its
sole discretion.
6.05. The parties to this Agreement have previously entered
into an agreement for the preparation and submission of Part 2 of
the NPDES permit application and under the terms of said previous
agreement, the PERMITTEE may be entitled to a refund to the extent
that there are surplus funds held by the DISTRICT at the time of
conclusion of Part 2 of the NPDES permit application process.
Based upon the above and to the extent that the
PERMITTEE is entitled to such a refund, the parties agree that the
DISTRICT is hereby authorized to apply any such refund that would
otherwise be returned to the PERMITTEE (said surplus to be deter-
mined in accordance with the terms of the Part 2 NPDES Interlocal
Agreement) in full or partial payment, as the case may be, of such
amount(s) that will be invoiced to the PERMITTEE by the DISTRICT
under the terms of this Agreement and such refund, when so
credited, shall be reflected on the PERMITTEE'S monthly invoice.
• SECTION SEVEN
SURPLUS FUNDS
7.01. If, following either a non - renewal of this Agreement
or termination of this Agreement, there should remain any surplus
monies that were previously paid by the PERMITTEE under the terms
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of this Agreement to the DISTRICT, said surplus funds shall be
paid to the PERMITTEE within thirty (30) days following the
• PERMITTEE'S payment to the DISTRICT of the last invoice for
services rendered that are required to be paid in accordance with
this Agreement.
SECTION EIGHT
MISCELLANEOUS PROVISIONS
8.01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing (including telex, facsimile or telegraphic communication)
and shall be (as elected by the person giving such notice) hand
delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed (airmail if international) by
registered or certified mail (postage prepaid), return receipt
requested, to the following addresses:
As to DISTRICT: NORTHERN PALM BEACH COUNTY
WATER CONTROL DISTRICT
357 Hiatt Drive
Palm Beach Gardens, FL 33418
Attn: Peter L. Pimentel
Executive Director
Phone (407) 624 -7830
Fax (407) 624 -7839
With a Copy to: Kenneth W. Edwards, Esq.
Caldwell & Pacetti
• 324 Royal Palm Way
Third Floor
Palm Beach, FL 33480
Phone (407) 655 -0620
Fax (407) 655 -3775
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As to PERMITTEE: VILLAGE OF TEQUESTA
357 Tequesta Drive
Tequesta, Florida 33469 -3094
• ATTN: Gary Preston
Director of Public Works
Phone (407) 575 -6240
Fax (407) 575 -6203
With a Copy to: THOMAS G. BRADFORD
VILLAGE MANAGER
VILLAGE OF TEQUESTA
357 Tequesta Drive
Tequesta, Florida 33469 -3094
Phone (407) 575 -6200
Fax (407) 575 -6203
8.02. Entire Agreement. This Agreement represents the
entire understanding and agreement between the parties with
respect to the subject matter hereof.
8.03 Binding Effect. All of the terms and provisions of
this Agreement, whether so expressed or not, shall be binding
upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors and
permitted assigns.
8.04 Assignability. The responsibility for carrying out
any task assumed by any party to this Agreement, but not the
obligation to pay the amounts required to be paid as hereinabove
set forth, may be assigned by any party to this Agreement.
8.05. Severability. If any part of this Agreement is
contrary to, prohibited by or deemed invalid under applicable law
• or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the
remainder hereof shall not be invalidated thereby and shall be
given full force and effect so far as possible.
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8.06. Governing Law and Venue. This Agreement and all
transactions contemplated by this Agreement shall be governed by,
and construed and enforced in accordance with, the internal laws
of the State of Florida without regard to any contrary conflict of
law's principle. Venue of all proceedings in connection herewith
shall be exclusively in Palm Beach County, Florida, and each party
hereby waives whatever their respective rights may have been in
the selection of venue.
8.07. Time of the Essence. Time is of the essence with
respect to this Agreement.
8.08. Headings. The headings contained in this Agreement
are for convenience of reference only, and shall not limit or
otherwise affect in any way the meaning or interpretation of this
Agreement.
8.09. Right of Remedies. The failure of any party to insist
on a strict performance of any of the terms and conditions hereof
shall be deemed a waiver of the right of remedies that the party
may have regarding that specific instance only, and shall not be
deemed a waiver of any subsequent breach or default in any terms
and conditions.
8.10. Counterparts. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original,
• but all of which together shall constitute one of the same instru-
ment.
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IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year hereinafter written.
EXECUTED BY DISTRICT this day of , 1993.
ATTEST: BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
C
By: By:
Peter L. Pimentel William L. erslake
Secretary President
(SEAL)
EXECUTED BY PERMITTEE this 24 day of Au S - 7L , 1993.
ATTEST: VILLAGE OF TEQUESTA
By: /? By: xx
( SEAL) Roo '% UR ACC Pa L--
(print name)
YVI -�
(official position)
APPROVED AS TO FORM AND
LEGAL SUF CI NCY
is By:
6302E
6/08/93
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