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Home My WebLink AboutDocumentation_Regular_Tab 24_04/13/2006 �ILLA��; O� �'E�UE�'TA Id1iE�B'iloT�� AG�I�I[�A Itt�IT�'IIeTG �.�-3[]F:�`r Tvl(�:ET:[NG L)A i'E: 4/13/2006 ��f;(�UL;�T'ED AC"'l'I�I�1/�IIIVIN�ARY: �1��1ZOVA'� t'��" A T,E11S� i4GFt�EMENT B��Pt �CIH� id:�I,I,�G� OF TE�dTES�A ANA PALNi B�ACFi CCIUNTY, �'Y,C3�22DA, FUR 7.�EA�E OF RLAL PRQP�RTY L6CA�LD 2�T 465 3EABROOR ROACj, TEQi�a�TA, FLORIDA, FOR TIiE PURPOSE .A�ND t'��1�T'TOI� C?F �l FIR� STA.TTON �Y R1�1LM B�A.CH CODUldTY ��C�ttE R'�SCt3�. RESOI,�7TIC7N �R ORDINANCE 1�1UMI3I;K: Ites. # b9-.�?.�1�� 3��. �# t�IZ�C�[hl�'�'IIVCA DEI'A�TM�,IVTo Fire-�ZeS�u�,_ T�e.�.��_�'�:��:�m� FiJieTL�IrJ� ��URCE: 2005 BUDGET ACC:t7�JNT NUlVi��R: N/A t:URitENT BUDGETEll AM�UN`I' AVr�ILA�3LE: � N/A �1Id7C1UNT CDF THtIS ITE�: � lmt/A� AlQ'[t)iJNT It�;NYA[1�1It`d(, AFTE� Tg�l� I7'�1�: � N/� BUDG� T i'Itr�i�1SF�;R 1�EQIUIRED: ❑ Yes [�'h10 APPROP12IA7'�: FUND �ALAN�:�:: ❑ Yes L�T No Pig�Yb��k C"ariti°a.ct N�me �tic� #: —___.._.___.�___._ _------ Ur Coinpetitiv� Bid � ,_ AI�PIZOV�,LS: � I)I;P�4.R�'MI,N i' H�;AD: � F� FNnI�10E T�iREC7' N/A ; . ---- _. _�—�_ � VILLAC'fE Mf�NAG�R: � VII�LAGE MANAGF'� �E��M1Vl[�NDA �'I0�1: � �� APPP2{�VE iT�iVli: Lf DENY 1�'�Ni: ❑ vl��l�� T� A��c,�vE FOR LEC��,� SUl irlc�r�v�;y [�es Ci No ❑ Not A�plicai�le (��/a) Gwen Cariisle From: Mary Speigi [mspeigi@tequesta.org] Sent: Thursday, April 13, 2006 9:41 AM To: gcarlisle@tequesta.org Cc: Weinand, James; Burnsed, Joanne Subject: FW: REVISED Agreement FR #11 Tequesta � Lease.Final 041206.doc Hi Gwen, Attached is the email regarding the revisions to the lease agreement along with the lease agreement attachment from Chief Randy Sheppard. Mary -----Original Message----- From: Randy Sheppard [mailto:rsheppar@co.palm-beach.fl.us] Sent: Wednesday, April 12, 2006 1:03 PM To: Mary Speigl Subject: Fwd: REVISED Agreement FR #11 Tequesta As discussed on the phone, some typos and formating errors were found in the lease. Listed below is a review of all those as well as the final document. If there are any questions I can be reached via cellphone at 561-644-0560. Thanks Randy Randy Sheppard, Deputy Chief Palm Beach County Fire-Rescue 561-616-7003 rsheppar@co.palm-beach.fl.us »> Richard Bogatin 04/12/06 12:35 PM »> Randy, attached is the "revised" version. following changes were made: - changed 12 font to 13 font (Times New Roman) - in the first paragraph, bolded Village of Tequesta and Palm Beach County, Florida. - removed extra spaces between words and fixed typos. - changed 520 Seabrook to 465 Seabrook . - changed the term wording in Section 1.02 by adding at the end of the section Upon the Effective Date the existing 30-Year Lease Requiring Erection Of Fire District Building, dated June 25, 1976, shall be terminated. - unbolded some words in Section 2.01. - changed 15.05 to 15.04 in Section 2.02 as discussed. - put quotes around "Property" in Schedule of Exhibits. - added for Exhibit "C" title "...AND DISPATCH SERVICES". - inserted page breaks so the document's layout and view should remain the same. Please send this to the village so that they can execute this document. Should you have any questions please contact me at the number belwo on my cell (561) 670-4800 if necessary. Thank you, Richard C. Bogatin, Property Manager 1 Property & Real Estate Management 3200 Belvedere Road Building 1169 West Palm Beach, FL 33406 (561) 233-0214 2 �soLCrr�oN No. 69-o5/a6 A RESOLUTION OF THE ViLLAGB COUNCIL OF THE VILI.AGB OF TEQUESTA, PAIM BEACH COUNTY, FLORIDA, APPROVING A LF�ASE AGREEMENT BETWEEN THE VILLAGE OF TBQUESTA AND PALM BEF.►CH COUNTY, FLORIDA, k'QR LEASE OF REAL PROPERTY LOCATED AT 9b5 SEABR40K ROAD, TEQtJ�BTA, FLORTDA, E4R THE PUI2POSE AND OPERATION OF A FIRE STATIOAi BY PA2�M SEACS COLJNTY FIR� RESCUE ALPARTMENT, AND AUT80RIZTNG THE VILLAGE MANAGER TO EXECUTE TBS APPLICABLE CON'�RACT ON BEBALF OF THE VTLI,AGE . �PIiEREAS, The Village of Tequesta is the owner of certain real property �.n Palm Beac� County, Florida, commonly known as 465 Seabrook Road located in Tequesta, Florida, which property is legally described in Exhibit "A" attached hereto and by reference made a part hereo�; and �tHEREAS, Palm Be�ch County Fire Rescue desires to cantinue a lease of said Froperty for the purpose of providing fire-rescue ssrvices to the adjacent community and to provide automatic mutual aid to the Vill�ge of Tequesta; and WBEREAS, The Village of Tequesta finds it to be in the best interest to the citizens of the Village of Tequesta and surxounding unincorporated Palm Beach County area to have a harmonious relationship witl� Palm Beach County to provide Fire Rescue Services; and WHEREAS, The Vill.age of Tequesta is willing to lease the Property to the County for the purposes defined in the lease agreement and to pramote a st�ang intexqovernmental relationship with Palm Beach County; and NOW', THEREFORS, B& IT RESOLVED BY THE VILLAGE COUNCIL OF T$S VILLAGE OF TEQiJ�STA, PALM BEACH COUNTY, FLORIDA, AS E'OLIAWS: , S�ction 1. The praposed lease agreement with Palm Beach County, Florida, on behal� of the Palm Beach County Fire Rescue Department, attached hereto and incorporated by reference as part of the Resdlu�ion, is hereby approved. THE FOREGOTNG RESOLt7TION WAS OFFSR�D BY Councilmember , who znoved its adoption. The motion was seconded by Councilmember , and upon being put to vote, the vote was as follows: �OR ADOPTION AGAINST ADOPTION The Mayor thereupon deelared the Resolution duly passed and adopted this day of A.D. 2006. MAYOR OF TEQUESTA Sames Humpage ATTEST: Gwen Carlisle Village Clerk ��*��*��*�� LEASE AGREEMENT Between THE VILLAGE OF TEQUESTA (Landlord) and PALM BEACH COUNTY, FLORIDA (County) ��*��r��*�**��*��**��*��*��*��*��*��* G:�PROPERTY MGMT SECTION�OUT LEASE�FIItE RES STN #ll TEQUESTA�L,EASE. Final. 3.16.06.DOC -1- LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida, hereinafter referred to as "Landlord" and PALM BEACH COUNTY; FLORIDA, a political subdivision of the State of Florida, on behalf of the Palm Beach County Fire Rescue Department, hereinafter referred to as "County"�. WITNESSETH: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, commonly known as 465 Seabrook Road located in Tequesta, Florida, which property is legally described in Exhibit '.'A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the property is improved with a Fire Station ( the "Building") and County desires to lease the Property as hereinafter defined for the purpose of providing fire-rescue services to the adjacent community and to provide automatic mutual aid to the Village of Tequesta; and WHEREAS, the Landlord purchased the Property from the Jupiter Fire Control District No. 1(the "District") in 1976 for $13,277.00, and leased the Property back to the District for thirty (30) years, at a rental of $1.00 per year, in consideration of the District agreeing to construct, at District's sole cost and expense, a fire station; and WHEREAS, on October 1, 1984 the Jupiter Fire Control District was consolidated into the Palm Beach County Fire-Rescue Department, and the County assumed ownership of all equipment, facilities and property leases; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Premises as hereinafter defined upon the following terms and conditions: -2- ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property described in E�ibit "A" and the Fire Rescue Building as depicted on Exhibit "B" attached hereto and by reference made a part hereof (the Property and Building shall hereinafter be known as the "Premises"). Section 1.02 Length of Term and Effective Date. The term of this Lease shall commence on the date of full execution of this Lease (the "Effective Date"), and shall extend for a period of two (2) years thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of ONE DOLLAR ($ 1.00). This Lease is intended to be a"gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. The annual rent of $1.00 is contingent upon the County's continued participation in the Emergency Services Agreement for Automatic Mutual Aid Assistance and Dispatch Services dated Apri15, 2005 attached as Exhibit "C" and the Chief's Letter of Understanding dated August 1, 2005 attached as Exhibit `D". A contravene of any either of these documents, unless mutually agreed upon by both parties, shall be grounds to open negotiations on the Annual Rent. In the event such negotiations occur, both parties agree to meet within sixty (60) days to attempt to re-negotiate this section of the agreement: Section 2.02 Payment. All rent due hereunder shall be payable in advance on or before the Effective Date and on each anniversary thereafter during the Term of this Lease. County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent. Payment of Rent will be made upon the receipt of an invoice from Landlord mailed to the Palm Beach County Finance Department at P.O. Box 4036, West Palm Beach, Florida 33402. Each invoice must be received at least fifteen (15) days but not more than thirty (30) days in advance of the date payment is due. Payment will be mailed to Landlord at the address set forth in Section 15.05 of this Lease. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of a Fire Rescue Station. County shall not use, permit, or suffer the use of the Premises for any other -3- purpose whatsoever. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided the County shall not be required to make alterations, additions, or improvements to the Building in order to conform therewith that exceeds $1,000.00. Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Within 270 days of the termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall have the right, to remove and/or sell the Building and improvements. The Landlord shall have first option to purchase the same for the appraised, fair market value and upon such price, terms and conditions as may be mutually agreed upon by the parties. The Landlord shall exercise its first option within 60 days of the termination, expiration, or cancellation of this Lease. The Village will be responsible to obtain two (2) appraisals at its sole cost and expense from firms approved by the Director of PREM. In the event the Landlord notifies County of its interest in purchasing the building, the parties shall endeavor to execute a sales contract within one hundred and eighty (180) days of said notification. In the event that the Building and improvements are removed by the County, County shall leave the Property in a neat and orderly fashion and restore the ground to its original condition. In the event that Landlord purchases the Building, County shall surrender the Premises to the Landlord in broom clean condition. ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property. Section 4.02 (a) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises, ("Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the -4- benefit of Landlord, such Alterations being nevertheless subj ect to each and every provision of this Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, to the extent applicable to Landlord and County in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, if required by such statute. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of Landlord. Landlord shall not be obligated or required to make any repairs or conduct any maintenance whatsoever to the Property. Notwithstanding the foregoing, County shall have no obligation to repair any damage arising from any negligent or intentional act or omission of Landlord, its employees, agents, invitees or any third parties, which damage shall be promptly repaired by Landlord. Section 5.02 Responsibility of County. County shall maintain the Property and any improvements constructed thereon by County in good condition and repair, normal wear and tear and casualty excepted, at its sole cost and expense. Section 5.03 Hazardous Substance Indemnification by Landlord. Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist, Landlord shall promptly remove said substance(s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by -5- Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents', or its employees' willful or negligent acts or omissions. Section 6.03 Insurance by Landlord. Landlord shall, during the entire Term hereof, provide County with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence. In the event the legislature should change the Landlord's exposure by Statute above or below the sums insured against, the Landlord shall provide insurance to the extent of that exposure. Section 6.04 Property Insurance. County agrees to maintain all-risk property insurance for adequate limits of coverage on the Building and contents based on replacement cost calculation. County agrees to be fully responsible for any deductible or self-insured retention under the all-risk property insurance. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S ALTERATIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this Lease due to any such casualty, County shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials of like kind and quality or better. ARTICLE VIII UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, gas and telephone utility service to the Premises boundary, at Landlord's sole cost and expense. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for water, gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable in its propriety capacity for an interruption or -6- failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be releasecl from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of any one or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, 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 such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. -7- ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to verify and confirm County's compliance with the terms and conditions of this Lease. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Lease and all obligations of County hereunder are subj ect to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon ninety (90) days prior written notice to Landlord, whereupon the parties shall be relieved of all further obligation hereunder. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in , lieu of condemnation for public or quasi public use, the entire compensation or award therefor, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date of termination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. -8- ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord 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 Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord � nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date of the Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before SPM on a business day and on the next business day if transmitted after SPM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the Landlord at: Village of Tequesta 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469 -9- Fax:561-575-6203 (b) If to the County at: Palm Beach County Fire-Rescue Department 50 South 1Vlilitary Trail � West Palm Beach, Florida 33415 Attn.: Randy Sheppard, Deputy Chief Fax: 561-616-7080 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax: 561-233-0210 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent 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 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. -10- THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 15.11 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. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 15.13 Radon. 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 County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Lease. Section 15.16 Construction. No party shall be considered the author of this Lease since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Lease shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Lease and the same shall remain in full force and effect. Section 15.17 Incorporation by Reference. -11- Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Lease by reference. Section 15.18 Effective Date of Lease. This Lease is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) -12- IN WITNESS WHEREOF, Landlord and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. ATTEST: LANDLORD: VILLAGE OF TEQUESTA B Town Clerk Title: Mayor Witness Signature Print Witness Name Witness Signature Print Witness Name SHARON R. BOCK COUNTY: CLERK & COMPTROLLER PALM BEACH COUNTY, a political subdivision of the State of Florida By: By: Deputy Clerk Tony Masilotti, Chairman APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: B Assistant County Attorney Department Director - 13 - SCHEDULE OF EXHIBITS E�gIT «A�� _ LEGAL DESCRIPTION OF THE PROPERTY ,. E�BIT «g�� - FLOOR PLAN OF "BUILDING" EXHIBIT "C" - EMERGENCY SERVICES AG IME� E R AUTOMATIC MUTUAL AID EXHIBIT "D" - CHIEF'S LETTER OF UNDERSTANDING - � � � . � � • Y F � � EXHIBIT "A� � � � �� ' LEGAL DESCRIPTION OF THE "PROPERTY � E 60-42-40-25-00-000-5200 ' Properly Control No.: : � North 390 feet of the East 158.75 feet of the West 635 alm Beach The South 130 feet of the e 42 East, P Northeast'/4 of the Southeast'/4 of Sec� �he eo�f fo a road easement a d the r/w Seabrook County, F lori d a, l e s s t h e N o rt h 1 0 f e e Road. � � � � ( - i i I ; ; } ' i EXHIBIT "B�� ; .v y „ �- � FLOOR PLAN OF "B�LD�G � � £ , ' i i � i f . � t Y�� `�� _ ; .. � I I ' W `� ' . "11 � � _ M • � � "�� ` '�1 + � � � : # � . !. i � � , .� ° N . ' � . � . • H � .. W � � � � ' ' r , � ' � • , . i . i ' � J" r w � � � i � � � � � a � � � i Irl . � . � � . � � � y � � Mll u . 1 1 � , 1 � f 1 M � � _ _ � �^'�—�, OA � k' k�ww �M ��y w Ad ,q��TE��'Yas'... y 71i µ '+9 4 u ro °� � r' �+ �, � � � � � � � � � � � ° � Q � � � yy � � U... IN y � . . . . W � W� J JY t11 • A+ .' N� 1� h". Q M p y , � MI� . . ' � � � p � � � � . W. . n � '^ � . . M EXHIBIT "C" EMERGENCY SERVICE5 AGRE S AUTOMATIC MUTUAL AID A : � ► � i �,�. � � R2005""0-6�5 j � EIVIERGENCY SERVICES AGREEMENT � ' AL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES , FOR NNTU BETWEEN � � PA LM BEACH COUNTY AN� T1� VYLLAGE OF TEQUESTA `' APR 0 5 2�M�5 , 2005, by THIS A G �EME� is macle and entered into this _. day of ' and between PALM B EACH COtJNTY, FLD�DA , a political subdivision of the State of Flonda » ou h its B oard of County Cominissioners and the VII--LAGE OF ` (hereinafter the "County ), bY and tlu' g unici al corporation located in PalmBeach County, Florida (hereinafter the TEQUESTA, aFloridam P "Village") . � 63.01, Florida Statutes; known as the "Florida Interlocal Cooperation ,' WHEREAS, Section 1 . � �� ' es local governm�nts to make the most efficient use of their power by enabling Act of 1969, authoriz rovide services to coo erate with other]ocalities on abasis of mutual advantage and thereby to p them P and f acilities that w illharmonize geographic, economic, population and other factors influencing e needs and development of local communities. resentl maintains a fire-rescue WHEREAS, each of the parties to this Ab eement p Y 're rescue equipment, fire fighting personne1, emergency medical equipment, department wlth fi emergency tnedical personnel, and other emergency capabilities; and nt roviding far eeme p �rHEREAS, it is deemed mutually advantageous to enter into this A�' reat for where the need created may be too g mutual assistanceLautoma.tic aid in times of emergency es onse is agreeable and in the public either parry to deal with unassisted or where a closest unit r p interest; and he County has approved funding from countywide ad valorem tax revenues for wHEREAS, t fire-rescue dispatch services (hereinafter "Countywide Common Dispatch" or countywide common fire- Dis atch") to be offered and provided by Palm Beach County Fire-Rescue to any "Common P 'n Palm Beach County that desire said services from the County, including t e rescue providers i Village; and . ' ount wide Common Dispatch program will provide a real and substantial . wHEREAS, the C Y y � the residents and ben efit to the residents and property throughout Palm Beach Count including � � S � ' s real and substantial benefit includes, but is not limited to, the ability �' proper ty w i t h i n t h e V i l l a g e. T h i . ; nt a closest uni t r e s p o n s e s y s t e m; a more efficient deployment of mutual aid resources; � impleme er enc and disaster coordination between service providers; a more consistent � enhanced em g Y f � recording and tracking of respo nse time elements; and the ability to avoid confusion in dispatching ceived from mixed service areas with complex jurisdictional boundaries. . calls re ; REFORE, in consideration of the terms and conditions set forth herein and the ; : NOW, THE � lowin from each to the other, the County and the Village do hereby agree as follows: benefits fol � ICLE I: MUTUAL AS5ISTANCE AND AUT��TIC AID ART � ee to rovide Section 1. Request for A�idlAssistance: The County and the Village agr P assistance t o each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, d conditions set forthby this Agreement, and to formulate automatic aid plans and within the terms an rovided for by this P rocedures under Section 2 of this Article. The assistance/automatic aid P utual reement shall extend to areas servedby the parties through service agreements. Emergency m A g fromwhomassistance assistance/automatic aid willbe given when properly requested unless the parry is requested deterrrnnes in acc ordance with Section 4 of this Article that it is unable to respond. The 'n aid and/or assistance shall provide the following information at the time the request party requesti g is made: a . The type and quantity of equipment and/or personnel needed; and b, The name and rank of the person making the request. All reques ts shall be directed through the County' s emergency communications center. The of the articipating parties are authorized to request aid and assistance under this following officials P ders. Agre ement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Comznan S ection 2. Con�nd Authority: In the event of an emergency which requires nce �the Fire Chief of the jurisdiction in which the incident is located, or in lus additional assista , - istant or Deputy Fire Chief or the Incident Coi�una�ider, will direct the activities at absence, the Ass . he emer eney exists, but personnel responding to the call will remain under the the scene where t g 2 . commaild of th eir own officers at all times. Each party shall retain control over its personnel and the rend ition of services, standards of perfori�lce, discipline of officers and employees, and other matte rs incidental to the performa�lce of services. Each party authorizes its Fire Chief or his designee to meet with the other party's Fire Chief or his designee and develop automa.tic aid plans and P rocedures, including but not limited to details regarding areas to be serviced and type and/or level of res onse, when the Fire Chiefs have determined that improved response times or other forms o�� P efficienc within their respective jurisdictions and/or service areas maybe achieved. Such automatic Y aid/closest unit response plans and procedures shall be set forth in a Letter(s) of Understanding � e Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend said ' between th Letter(s) of Understanding on behalf of their respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and adm�.nister these plans and procedures. Section 3. Remuneration: All costs associated withproviding mutual aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. The agency rendering aid/assis�ance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest F?ederal Medicare guidelines, if applicable� If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a ma.tter of courtesy, provided however that the parties will not be required to provide copies of transport f�e invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("HII'AA"), tfie regulations promulgated 3 other a plicable laws and regulations, all as may be amended from time to time. thereunder, and any P Section 4. Ability to Respond: Each party may refuse to respond to a request for '/assistance in the event it does not have the required equipment or manpower available or if, in its aid ole 'ud ment, compliance with the request would jeopardize the protection of its own Jurisdiction {' s � g the arties , or personnel. Notwithstanding anything herein that may be construed to the contrary, P un derstand and agree that it is not the intention of the parties to subsidize the normal day-to-day� rations or shortages in staffing or equipment of the other party and that the mutual ope : assistance/automatic aid provided hereunder is intended to be mutual in nature. , 3 ARTICLE II: COMM4N DISPATCH � ' n 1. Common Dispatch: The Village shall be included within the Countywide Sectio Common Dispatch program implemented by the County to be effective June 1, 2005. The County throu h its Fire-Rescue Department) will provide the necessary equipment and services to implement � g d rovide Common Dispatch and related communication services for the Village as detailed herein. an p ch art hereby authorizes its Fire Chief or his designee to meet with the other party' s Fire Chief Ea p Y his desi ee to develop Common Dispatch plans and procedures, including but not limited to a list. or � necess equipment, a time-line for Common Dispatch implementation, and other operational of �S' d etails. These plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire 'efs and the Fire Chiefs are hereby authorized to enter into and amend such Letter(s) of Chi , Understanding onbehalf of theirrespective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to imp lement and administer these plans and pro cedures. The Letter(s) of Understanding shall specifically identify the Village's level of ici ation in the Countywide Common Dispatch program and the equipment that will be provided part p b the County to the Village for its use in implementing the dispatch services provided by County Y hereunder(hereinafterthe`Bquipment"). TheCounryshallmaintaino�'�'nershipofallsaidEquipment. 4 , - 3 � , , ; : ', , � . .. � Section 2: Village Responsibilities: 1 � r The Village agrees: ; aintain a Common Dispatch Letter of Understanding between the parties' Fire j ; �;: . � G To m � �; Chiefs as discussed above. o ado t PalmBeach County's Fire-Rescue dispatch protocols. D. T p E, To review response protocols every twelve (12} months. '' a11911 calls received by the Village's PSAP as soon as the need F, To transfer to County _. . � ; for fire-rescue services is identified. � ' ment rovided by the County to implement the dispatch services G, To use the Eqlup P provided by the County hereunder. � H. To notify the County if anyEquipment is lost, stolen or destroyed beyond repair• I, To reimbur se the County for any Equipment that is lost, stolen or destroyed beyond repair. notif the County and provide the County access to all Equipment requiring J, To Y maintenance or repair. rom tl return all Equipment provided by County upon expiration or earlier K. To p p Y termination of this Agreement. Section 3: County Responsibilities: - The County agrees: d dis atch in a timely lnanner all emergency calls for fire-rescue services A, To receive an P received fram the Village's PSAP. 't times (e.g. response time, arrival at scene) in accordance with the B, To document uni standards adopted by Palm Beach County Fire-Rescue. C. To provide communication support for all emergency fire-rescue incidents. D, To pro vide for Village' s use the Equipment necessary to implement Common Dispatch services to the Village. " rovide maintenance and repair to dispatch related Equipment provided to the E. To p . 5 • , � , , � . � Village by the County. e lace any Equipm�nt that is lost, stolen or destroyed beyond repair. F. To r p � i _ L ARTICLE III: GENERAL CON'I'RACT TERMS }: ' n 1. Preambles: The facts set farth in the preambles to this Agreement are true Sectio and correct and are hereby reaffirmed by the par'ties. . and Contract Monitor: The County representative and - Section 2. Representative contract monitor durmg the p erformance of this Agreement shall be the Deputy Chief of Operations, ' S61 616-7008. The Village representative and contract monitor during whose telephone number is ( ) of this Agreement shall be the Chief of the Fire Rescue Department, whose the performance . telephone number is (561) 744-4051. ee�nt sha11 � S ection3. Employee Functions: No employee of eitherpartyto thts Agr ' on or service which is not within the employee's scope of duties as defined or perform any functi determined by the employee' s employer. . E lo ee Claims, Benefits, etc.: No employee, officer, or agent of either Section 4. mP Y nnection with this Agreement or the perforina�lce of services and functions party shall, m co i ht to or claim any pension, workers' compensation, unemPloyment compensation, hereunder,havear g er em lo ee rights, privileges, orbenefits grantedby operation of law or otherwise civil service, or oth P y lo ee of either party shall ainst the entit b whom the are employed. No emp y except through and ag Y Y y lo ee of the other, for any purPose, during the performan�e of services hereunder. be deemed the emp Y � to this Agreement nor their Section5. NoAssump tionofLiability: Neitherparty lo ees shall be deemed to have assumed any liability for the ne�ligent or respective officers or emp y ' ions of the other. Further, nothing herein sha11 be construed as a waiver of wrongful acts or orruss sovereign immunity. Section 6. Liability for Injury� All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and o ther benefits which apply to the activity of the officers or employees of either 6 . - arty when performing their respective functions, within the territorial limits for their respective � P agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. � Section 7. Indemni�cation: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the Village a ainst any actions, claims or dama.ges arising out of County's negligence in connection with this g Agreement and the Village shall indemnify, defend and hold harmless the County against any actions, claims or dan�ages arising out of the Village's negligence in connection with this Agreement. The foregoing indemnification sha11 not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 8. Effective Date and Term: This Agreement shall take effect upon approval by both parties and continue for a term of ten years, unless sooner terminated as provided herein. Section 9. Notice of Termination: Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or far no reason at all. Section 10. Capital Improvement Plans: B othparties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 11. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 12. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document 7 executed with the same formality and equality.of dignity herewith. Section.l3. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or - oral, relating to this Agreement. � Section 14. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the g eneral public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 15. Annual Appropriations: Eachparty's perfonr�ance and obligation under this eement is contingent upon an annual budgetary appropriation by its respective governingbodyfor Agr ° the purposes hereunder. Section 16. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any par'ty is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy g iven hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any partY of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 17. Records: Each party shall maintain all records pertaining to the services d elivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with tYus Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Sectionl8. JointPreparation: ThepreparationofthisAgreementhasbeena joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. ection 19. Notice of Suits: Each party agrees to notify the other of any claim, or the S . initiation of any legal proceeding against it which relates, in any manner, to the services provided by 8 , art will cooperate with the other in the defense of any suit or action arising the other pa�ty Each p Y �ut of, or related to, the services rendered under this Agreement. e sent b Section Z0. Notices: All written notices required under this Agreement°�hall b Y 'fied mail, return receipt requested, and if sent to the County shall be mailed to: �` certi � palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite,101 West Palm Beach, FL 33415 and if sent to the Village shall be mailed to: Village of Tequesta Fire Department - Fire Chief ' 357 Tequesta Drive Tequesta, Florida 33469 Each party maY change its address upon notice to the other. ions: The captions and section designations herein set forth are for Section 21. Capt convenience only and shall have no substantive meaning. the Clerk of the Circuit 5ection 22• Filing: A copy of this Agreement shall be fi�ed wrth Court in and for Palm Beach County. Section2 3, Enforcement Costs: Any costs or expenses (including reasonable attorney's ' ated with the enforcement of the terms and conditions of this Agreement shall be borne fees} associ . tive arties; provided, however, that this clause pertains only to the parties to tYus by the respec , p agreement. Section2 4, Delegationof Duty: Nothing containedherein shallbe deemed to authorize dele ation of the constitutional or statutory duties of state, county, or Village officers. the g Se ction25. HIPAA Compliance: B oth pa�'ties acknowledge and agree that their respective fire-rescue dep artments are covered entities under the Health Insurance P ortability and Accountability << " d therefore are bound by the provisions of HIPAA and the regulations promulgated Act ( HIPAA ) an ' ludin the privacy and security rules), all as may be amended from time to time. thereunder (inc g ' ion of this Agreement be determined to be inconsistent with the requirements of Should any provis - 9 � - � p tl amend such # � arties shall romp Y � ' � romulgated thereunder, then the P � �1pAA and/or the regulations p , � 1 with Hg'AA and its regulations. ; covision as necessary to comp y � everability: In the event that any section, paragraph, sentence, clause, or Section 26. S 1 not affect the � shal � provision hereof is held invalid by a court of competent jurisdiction, such holdmg � '�, eement and the same shall remain in full force and effect. � remaining portions of tYus gr nature, ivabilit :,Any provision of this Agreement that is of a continuing Y Seetion 27• Surv Y ; . ture i oses an obligation or right that extends beyond the term of tYus f or which by its language or na mP . 've the expiration or earlier termination of this Agreement. Agreement, shall survi Section 28• Termination of Existing Agreements t for Mutual Assistance and Autorr�a.tic Aid between the : Services Agreemen = The Emergency . � � 4 Contract No. R2004-0835) is hereby terminated as of the effective parties effective May 4, 200 ( date of th�.s Agz'eement. 5ection 29: Conflict Resolution Any dispute or conflictb etween the parties that arises fromthe provision of services under this p,greement sha11 be presente d in writing to the respective Contract Monitors. The Contract Monitors ' uss the disputed issues and attempt in good faith to resolve the dispute or shall then meet to disc conflict. L��'I NDER OF PAGE INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREO�', the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. _ R� 0 0 5 �.b 8 5 AaR e� zoo6 _ ATTEST: PALM BEACH COUNTY, FLORIDA . SHARON R. BOCK, BY ITS BOARD OF COUNTY COMMISSIONERS Clerk & Comptroller �NT Y'�C �'' r � _ 3 �. .....,,,. �� . e � .��%,��% � : O' ��N y . 0 •: � B . ORID� - Masilotti, Chair Deputy Cl ''•., �?� �,,► O' ''>i= �� \ "�c�� APPROVED AS TO FORM AND APPROVED AS TO TERMS � LEGAL SUFFICIENCY � AND CONDITIONS B . ►�- By: �Q-�"�� Y � County Attorney Fire-Rescue ATTEST: V F TEQUEST , A C��,,��- BY: By � ' s, Ma or 1��s, Village Clerk �j,,u�Nt �:C�,✓��ct�. �►✓''� utan'lQ�`� � `` ��ilitttllt//�� Q F T /i �� .,,....FQ ��i APPROVED �AS TO FORM AND � pRq�,G�� LEGAL SUFFICIENCY �;; v c� ;N� r = > � S EAL �y = _ � INCORPORATED: � - ��. v g' �.' �� , ` i 9 • N . ��• �� i T `. E4 .• �`�� By . ,�-,�. �,,��F 4 cott Hawkin , Village Attorney � H:\Mutual Aid Agreements\Tequesta\Dispatch & Mutual Aid\Fir�al Clean Copy 2005 02 28.wpd 11 EXHIBIT "D�� CHIEF'S LETTER OF UNDERSTANDING , � � . , � LETTER OF UNDERSTANDINC= � between the Village of Tequesta Fire Rescue and � Palm Beach County Fire Rescue Pursuant to the Mutual �Assistance/Automatic Aid agreement between the Village of Tequesta Fire Rescue and Palm Beach County, the parties are authorized to "meet and develop automatic aid plans and_procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other for�ns of efficiency within their respective jurisdictions and/or service areas may be achieved". The Palm Beach County Fire-Rescue Administrator and the Village of Tequesta Fire-Chief have met and determined the following agreement is in the best interest of both jurisdictions and that neither party will suffer any adverse financial impact. l. Palm Beach County Fire-Rescue agrees to respond to the Village of Tequesta, including Jupiter Island and Jupiter Inlet Colony. This includes responding as part of a multi-unit first alarm, and a first- responder to calls when Tequesta Fire Rescue units are already deployed and unavailable. 2. The Village_ of Tequesta Fire Rescue agrees to respond to the areas north of the Loxahatchee River, including Jupiter Island, serviced by Palm Beach County Fire Rescue. This includes responding as part of a multi-unit first alarm, and a first-responder to calls when Palm Beach County Fire Rescue units are already deployed and unavailable. 3.The Village of Tequesta Fire Rescue agrees to respond to areas south of the Loxahatchee River. This� includes �esponding as part of a multi-unit first � alarm, and a first-responder to calls when Palm Beach Courity Fire Rescue units are already deployed and unavailable. Tequesta will deploy one unit onl�y south of the Loxahatchee River, in order to ensure • coverage north of the Loxahatchee River. - 4. To facilitate the effective deployment of emergency resources, Pa�m Beach County Fire Rescue agrees to provide dispatching services to Tequesta Fire Rescue. These services include; Providing necessary portable, mobile and base . station radios, providing necessary CAD-related computers and accessories, installation and maintenance of said radios and computers, processing and transmission of emergency and non-emergency requests for assistance, providing emergency and non-emergency radio communications, and maintaining records of all activities in the CAD system. � 5. Staffing/Apparatus - Each party shall maintain and keep its equipment fully operational, and shall maintain sufficient level of staff and equipment to enable it to fully perform hereunder. All vehicles utilized hereunder will be staffed, at a minimum, as follows: Fire Apparatus - 3 certified firefighters, one being a company officer ALS Rescue Vehicle - Chapter 401 compliant 6. Each provider will transport patients based on their own CON as well as bill and collect transport revenue. 7. The parties agree that the effective date for this agreement shall be August 1,.2005. C� Jam s. nand, Herman W. Brice, Fir Chief ' Fire Rescue Administrator V' lage of Tequesta Palm Beach County