HomeMy WebLinkAboutResolution_12-75/76_06/29/1976 0
RESOLUTION NO. 12 -75/76
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA,
AUTHORIZING THE PURCHASE BY THE VILLAGE
OF CERTAIN REAL ESTATE AND THE LEASEBACK
OF SAID REAL PROPERTY TO THE JUPITER FIRE
CONTROL DISTRICT NO. 1 FOR THE PURPOSE OF
CONSTRUCTING THEREON A FIRE STATION TO BE
USED FOR THE USE AND BENEFIT OF THE
RESIDENTS OF THE VILLAGE OF TEQUESTA, AND
FURTHER AUTHORIZING THE EXECUTION OF SAPIE
BY THE MAYOR AND VILLAGE CLERK.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
The Village Council hereby authorizes the purchase of
• certain real property described in the attached instrument entitled
Sale and Leaseback of Real Property and further authorizes the
leaseback of said real property to the Jupiter Fire Control District
No. 1, for the purposes of constructing thereon a fire station to be
used for the use and benefit of the residents of the Village of
Tequesta and for other purposes set forth in the attached instrument.
The Village Council further authorizes the execution of
the instrument entitled Sale and Leaseback of Real Property by the
Mayor and by the Village Clerk.
THE FOREGOING RESOLUTION was offered by Councilmember
€dnward Brown , who moved its adoption. The motion was
seconded by Councilmember Stephen R. Huggins and upon being
out to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Dorothy M. Campbell
Howard Brown
Peter Baron
Stephen Huggins
Joseph D. Yoder, Jr.
The Mayor thereupon declared the Resolution duly passed
and adopted this 29th day of June A.D., 1976
ATTEST: s . ` , A , MAYOR OF TEQUESTA
Village /"Clerk-
•
TFAR LE M _M Rh Q ERECTION OP FITS£ DWMCT BUIIDVO
MM D?CMM, dated JUM 25 1976 and executed in ci+Wroplicate between
the JUPrM FM O rFOL D LTMCT NO. and the YnZAM cp TS==A. R,oRrDA. ban
public entities being in Palm Beach Courrty, Florida.
WHMA4, The villaze or 'equesta is experejj k Federal Reve a -%W11W
t ulds of the 6th entitlement period (7!1/75 - 6/30 /76) to acquire a alto ier a Fire
Station or. Seabrook FkW and tv parties have &jvved to a Sale and Leaseback of the
real property
1. PAM 70 1.;►r. : 'B-. JUPrIF_t FIRE O WW- DIS'I'fi1C': 10. 1,
600 Hepburn Avenue, Jupiter, Florida, a rvee to sell and the 'VIlLAOE of M4JESU.
• Florida, agives to pzvhase the collaring described Aaai Estate, in ree sl.Wle , on
the terns stated below, oonveywv* to be made by Karmty Deed:
Real Estate described as follows:- in Palm Beach Canty, Florida
ml* South 130' of tta gosth 390' of the East 158.T5'cr the
Wa6t 635' of the -*rU 4ast V4 of the Soutbeast 1/n of Secti 25,
Township 40 South, Rxipe 42 East lying Wiest of Seabrook Arend as
&xAm on the Palm Beach County Fhea eerirg *.kTartrmt riEbt of - ;+qy
by File Mo.347 -114, less the Kest 476.25 feet thereof. Said
10 feet is quit claimed and title t:arvto is NOT. wjTwtod
due tc an o.-I,Lxl erzar in the description whIcb should rove read
f VUBJEr. 70 an easement for rued pu-pases over and across the North
10 feet thereof
SU9JWr TO restrictions, reservations and eaw- of reoord
Qrrd taxes fbr 1976 and thereafter.
2. OGNSIEMATIOH In oonsidaration of the ova of 'iirrteen thousand, two
hu.rdre and seventy- 4ev+en dollars (113, 277.00) on said wwe7awe, the seller moos
to lease the above-described pr dsos from thw ptavtaser, s1=Atarreously with such
aanveyanoe and the passing of title. 'fie atbrermtioned sum to be peed by the
v11120a to tyre Pine District.
3. TERM MMMOU : It* Iease tall be 1br a term of VWI"1 MRS, to
the Year 2006 with a AeYtal of one4ollar ($1.00) per year, paid in full upon exacu-
ticn, and fx other good and valuable considerations set fbrth herein.
;. @WMCW OP dJ=DIO The seller Lessee shall erect, at its oleo cost
and expense, a Piss Station upon said precrices, as per Plans prepared by the Architec-
t kcal rise of Atilt i s , Yass sod Orste in , rs d s)va l provide acrd pay for all building
e9plicatlores and peraits and all driwdays, vsl;orays, lnr4swpine, shrubbery en4
• tyres.
5. KkIN lkff � IT Seller, Lessee, shall at its own coot and WVanse
f3u;x %i.W, rvp&ir, and ot.** tirise maintain the bulldircs wA other irpmve:-r_nts uron
the pr . dos .
• 6. MDR OF BU1?DMY Buhr Lesaor, agues to dcDord1nate tt�e
fr"hold to AM mortgage necessarp fb Us rai atV of f ffs to be used fO r the
•reoticn of this building and the installation of arty inprVrarants.
7. THE TO lie BUIwM op 'Im : Title to the building,
1�R7 s1ts mess aiVuutenances shall remaln in the SelUr Leeaee &&-!UV the tere of
the lease and arty extension thereof, or d«lrg an extension or any opticn or said
lease.
S. FIFE 3FMIC AM: 1:: Lessee represents thrt the prirary Fire s uppression
response area f w the leased prw dses &%'All be that ama of the Firs Control Distr ,
in Pal- Ponrh 0 unty, north of the Loxahatchee River, subject to any ar4 al mutual
aid agreecnnts entered into by the District frtm time to time. Sor+e ver, this pro-
vision ray be r frorr tine to time for the purpose of p idine adequate perscx
*gel and/or equPent to service the reeds of the entire Firs Control District and V
• provide rhea enable, a30"te fire protection therein. Policies established by the
Board of &4perviwrs of the District as4/or the Chief of the District or his desioee
and appItcable State statutes shall be determinative.
9. D4SM4= : Lessee shall provide
a. Mlder's Riah Insurance da inC crost.ruction for the
protection of all parties, and such other insurwoes or oover pa that ae y be zv uin
or accessary fbr oonstr action purposes,
b. pen -anent fire Led extended eoveraze to t!k full extent
Of V* cast of building and inprorrreirts, and such &MAtional extent that rd&M be
indicated for any inflated subsequent values, errs
c. public liability 100 /300 thousand plus $1 million urflre118
10. KYiLIC PUHPOSFS ONLY The entire facility shall be dewted to public
Purposes only, at all time.
11. TAXES, .Sv ,&VXPS AM LIM
A. Lessee shall request of taxing authorities, an exempt scat
b. If such exception is rat V anted or o partially granted
lessee shrill pair all such taxes and any liens resulting f" any assessw itpased
trim said prw dsts.
12. m , R)v I0K OF pFCi - 'S : In the event of a-v f1m or ct*wr c- L,uqlty ,
the U=ssee shrill nstrre the pry -d&es to its florrmr corAltion at its aAn CGet aus ex-
MrSe. -S rrbuildiliC or rc; aLr shell be oa :ronced x1 thin ose year of su _h etisuRlty
• and if not so begun shall be considored an abarria rent of tte Lease, and a forfelurt
of the prwl s t a to t`r Ct sror.
-2-
•
13. D1r,1a4tM !0 UVi HNWM The Firs control District shall L-4sw i;
and save harmless the Villas, sgainist all alai ,es, debts and domeide *atsotwr by
reason of the ,rnswent, operation or oorttrol of "M pM d.r►s or wTLhL pgrtaLt;
thereto.
14. TIOR : Any cont rove rsy arising by reason of or under the Lease
Shall be sub,dtted to arbitration by the paitias, r prwided In the Florida Arbitz
tion Code, being Chapter 682 of the Florida Statutes.
15. A39ICI�4�XP(�?8 IYAM OF IZASMW Z!» lease shall not be rib - let or
—.
assignsd without the prior written owaent of the Vill.ao.
16. EARLY TUMNAIrION BY KMX 00th : After 15 rears of this lease, ei
part may reoacmend oonaideration of terminating the lease qm giving the otWT pa
• one year's prior Doti" in rritinig.
1T. FMCM OR LOCE17IM In ttr year 2006, or unless sooner agreed wpo
at the final tandnatian of the leas*, tta Tyre District has the rift to reiaoans an
sell the building " inepsovemta, after giving 30 days written notice to the Will
or the Villap mq purotUase the sae upon such price, tenor and oonditierns as =W b
fly wed. In the went that the building arrd iwrovesnenta are removed, the
District shall leave the preeises it a neat, orderly fashion and reaton gr= d to
Crigirtal oondition.
18. OPTION M FUM: The DistrlotA saee is g2vsn the right to renew the
said lease wan the same terns and oonditiors in the Original Lease Agreement qXn
pgyment of the sus of one hai drod ($100.00) dollars bo the Village, receipt of whit
is Waml*W by the Pi UV .
• 1 At ATIQtt 1h the event that the subjeot prealses ma be included i
any eryaxation Ocntentplated by the Village, the District shell land its 000peration
to such W=xation.
20. 0OVSKARr OF M HI+S.ADYMEM Me Lessee shall haw the right to use,
w4oy and oontrole the said preaches against shy "d all persarv.
21. AMMAL INSPECTTER 7ta Village has the right to Inspeot said promise
at least onoe in every year for the pkuTo se of aarx- rag itself that tt* Dudlding an
premises are kept in proper orxSGr Fred oondition.
M COO PERATION BY V II,yA M Fa, TCE U2ARP- 1;�1T t ' VilleZe Folios D, i arL..
t� 000perSte, 914 end assist ertd to reader all usual and customary servioes to the
District, es they ray be called tVcn to do, to the Diet intercits of the District a
the inhabitants w:i-viced t.`,y;n -by.
23. 07 7K-Ni TO VIU.A.rF: Dw•ing the life of this Lc,•.eo or wY eztrVia
t`r.TC7f, �''� r "iCt'e A iIY �41a��J'1 of 41
rfs�c�5 bye 4,r 5t r;
all awes within this V111sp liodta of ttw Villap of %quest &, 11orida.
24. -IOWMM Alm kRnO S : All suooe agar and sasigns of e1tt,sr ply
dull be bard by the tens of Viii Agr* meat.
25. D -- - NOL4SS t 1 * District shall not oauae or
pe r dt raises,, nus screw or di sUatanaes by reaean of its operations.
26. VlM/iP.A4E A PM I C DOC.CC ?T : llzi • le se , and wg extvse ion
thersof a MY be reoorded in Offiolal Records by either party.
27. AEA MVM 10 LAM All scendments shall be in writing, Quit execu-
ted and a kr owledpd by both partite to the Agregewt.
28. FCFKX MtQE M : Constriction :aver this Laces ahall be oaaaeneed and
OaVleted u soon as poesible, within 10 s,cnthe of the execution of this Agreement,
• except that cry dell caused by Aote of W. war, strikes and other oatastropMes
shall not oamtitute a default an the part of the District.
29. PAATZAL INVAL. MY : If wq part of this Agreement shall be held or
declared irrr" it shall not affbot the validity or the enf nibility of the re-
minder of this Agreeme * .
3C. NOS M 10 OPP08I?E PARTY: Written native by a party hereto "D be
directed to the District Ch&Lm en, Beard of yS.re &POrdsOm, or his dosiVv*
presently, rrederick V. Ealdt; for the Vi11ap, to the Vi11age Yarsger or his
designee, presently pcbw-t R&M. ExcWt in cases of vaar e - mies,. disasters or other
oilines the vpDosite party sha]l have 30 days in which to reayor - 4 and/ar oaVly.
Wes, the parties have authorised and directed their reaDeotive public
officers to execute this Indenture on the dates indioated below.
Executed:
Dated /1A?..G t , 1976
JUPIM!,R FM CCMIM DLgMCT M. is
Attestr ,
by At
Frederic' .
VJVAO6 OF TE ,T -IF7A
_,1976
. l t f • — l - ` _,. ( -