HomeMy WebLinkAboutDocumentation_Regular_Tab 04_06/12/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
June 12, 2014
Consent Agenda: Yes Resolution #:
Originating Department: Manager
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1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
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Account #: Various Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Yes Appropriate Fund Balance: No
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1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
a. FDG Flagler Station and Village of Tequesta Real Estate Renewal Lease Agreement (File#281-1-2b),
$9,649.50.
b. D& B Consulting, Inc. Executive Coaching Services Agreement -$1,500.00
c. Traffic Solutions Contract-Striping of Country Club Drive -$9,100.85
d. Tveyes — Media monitoring Service Agreement -$1,200.00 / 12 Months
e. James Weinand and Village of Tequesta Employment Agreement $
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Department Head
Finance Director or Representative
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager: ��----
Submit for Council iscussion: ❑
Approve Item:
Deny Item: �
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Form Amended: 3h 4/14
� `� �LAC�LER�
�
May 16, 2014
Michael R. Couzzo, Jr.
Village of Tequesta
345 Tequesta Dr'Ne
Tequesta, FL 33469
Re: Real Estate Lease (File#281-1-2b) dated 7/11/2006 by and between FDG Flagler Station II LLC,
as Lessor ("Lessor') and Village of Tequesta, as Lessee ("Lessee")
Dear Sir or Madam:
We are writing to inform you that the terms of the referenced Lease provide you the option to renew the Lease for an
additional 12-month period (the "Renewal Term"), provided you notify the Lessor prior to the end of the current
term. To expedite your exercise of this option, we have provided below a place for you to acknowledge exercising
this option by returning a signed copy of this letter.
If you choose to exercise your option, your Lease will be renewed efFective July 11, 2014 and extend through July 10,
2015. Also, in accordance with Section 2, the rental rate for the term immediately preceding the Renewal Term will
be increased by 5%; therefore your new annual rental rate for the Renewal Term will be $9649.50, plus all sales or
use taxes levied by any governmental body for the use or occupancy of the Leased Premises. All other terms and
conditions of the Lease shall continue to be in effect during the Renewal Term. In anticipation of your renewal, you
will be receiving an invoice for the Renewal Term.
If you do not intend to exercise your option to renew this Lease, please do not return a copy of this letter and instead
please refer to the provisions of Paragraphs 13 and 14 of your Lease which advise you of your obligations and
requirements for cancellation.
Please return a copy of this letter signed and dated below, acknowledging and exercising your option to renew the
Lease, to my attention at the address written below.
If you have any questions, please contact me at 904-565-4135.
Sincerely,
Erich Smith
Lease Administration Manager
ACKNOWLEDGED AND ACCEPTED:
Village of Tequesta '
This - �� -Fl— day of 2014
By:
Print Name and Title ��L � �'�
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4601 Touchton Road East/Building 300/SuRe 3200/Jacksonville, FL 32246
Tel (904) 565�100 / Fax (904) 565-4148 / www.flaglerdev.com
ADDENDUM
Public Records: In accordance with Sec. 119.0701, Florida Stahstes, the Contractor
must keep and maintain this Agreement and any other records associated therewith and thax aze
associated with the performance of the work described in the Scope of Services. Upon request,
the Contractor must provide the public with access to such records in accordance with access and
cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure thax any
exempt or confidential records associated with this Agreement or associated with the
performance of the work described in the Scope of Services are not disclvsed except as
authorized by law. Finally, the Contractor shall retain tbe records described in this paragraph
throughout the performance of the work described in the Scope of Services, and at the conclusion
of said work, transfer to the Village, at no cost to the Vi�llage, all such records in the possession
of the Contractor and destroy any duplicates thereof. Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's inforima.tion
technology systems.
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REAL ESTATE LEASE
The Real Estate Lease ("Lease'� is made as of this 11 m da.y of Ju1 ,y 2006. by and between
Florida. East Coast Railw�y, L.L.C.; a Florida limited liabiliry company having an address of One
Malaga Str�t, St. Auguscine, Florida 32084 (Railway °°Railwa�') and VII�LAGE OF
TEQUESTA, a Municipal corporation, v�hose business address is 250 Tequesta Drive, Suite 300,
Tequesta, Florida. 33469, ("Lessee'�
1• Leased Premises: Railway hereby leases to Lessee and Lessee hereby leases from Railway
under the terms and conditions set forth in this Lease, the following described properly:
That portion of the operating right of way of the Ra.ilway withiu the boundaries of the
Village of Tequesta, extending from the right of way limits to within 25 feet of the
centerline of Railway's tracks for a distance of 100 feet northerly and southerly from
the centerline of Tequesta Drive (Mile Post 281 plus 4(?96.2')
All as shown on Railway's Drawing No. A-1244, dated Apri19, 1990, attached hereto and made a
pazt hereof (collectively with any buildings, facilities and improvements currently or in the firture
located on the described property, the "Leased Premises'�.
7103
County: Palm Be�ch Contract Type: 25 File: 281-1-2
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2. Term
The initial term of this Lease sha11 be &om Julv 11, 2006 through Julv 10, 2007 (the "Initial
Terrn"); provided, however, that I,essee shall have no right to possession of the Leased Premises
until the Security Deposit has been delivered to Railway (the Security Deposit shall not be de�med
delivered to Railway if it is in the form of a check until that check has cleazed the bank and fimds
have been credited to Railway's accourn) and Lessee has provided R.ailway with a certificate of
in�,�,nce evidencing the insurance coverages Lessee is obligated to maintain pursuant to this L�se.
If Lessee is not in default under this Lease, Lessee shall have the option to renew this Lease
after the expiration of the Initial Term and any renewals thereof, for an additiona112-month period
(the "Renewal Term") by fiunishing Railwa,y advance written notice of its intent to renew. Unless
Railway indicates otherwise in vvriting, the covenants and conditions of tl2e Lease in force during the
��� Term, as the same maY be modif ed from time to time, shall continue to be in effect during all
Renewal Terms, except that the rent for the Renewal Term shall be increased to equal the greater of
the (i) the rental rate then prevalent for similaz properties or (ii) the rental rate for the term
in►mediately preceding the Renewal Term increased by five percent (5%}. Lessee sha,ll have no
expectation of renewal and this Lease may be terminated in accorda.nce with its terms regardless of
the length of time Lessee has occupi� the Leased Premises, or the construction by Less� of any
buildings, structures, works, paying, l�ricades ar the placement of Lessee's personal properly on
the Leased Premises.
3. Rent
(a) Rent
During the Initial Term of this Lease, the Lessee shall pay to the Ra.ilway an annual
rental in advance on or before the 1 st day of each term yeaz, plus all sales or use taxes levied by any
governmental body for the use or occupancy of the Leased Premises ("Sales and Use Tax"), as set
forth below:
Effective Date Base Rental
July 11, 2QQ6 $2,500.00
July 11, 2007 $4,950.Q0
July 11, 2008 $7,200.�
Rent sha11 be pa.id to Railway's office at One Malaga Street, St Augustine, Florida 32084 or as
otherwise indicated on invoices. The requirement to pay rent and other payments shall survive
expiration or termination of this Lease until all Lessee's Property (as defined in paragra�h 14 hereo fl
is removed from the Leased premises in accordance with this Lease and the requirements of
paragraph 14 of this Lease aze me�
(b) Additional Char�es
If Lessee's presence or activities on the L,ease Premises causes Railway to incur costs for cleaning,
trash removal, inspections, or like expenses, Lessee agrees to pay such cost to Railway on demand,
the amount of such costs incurred by Railway. Notwithstanding the foregoing, Lessee will pay on
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demand the greater of the actual inspection costs or 350.00 for any inspection conducted by
Railway or its agents on the Leased premises the results of which show, in Railway's sole
determination, a violation of this Lease of any federal, state or munici�llaw or regulation. Lessee
sl�all also pay on demand the greater of the actual inspection costs or 350.Q0 for any follow up
inspect�ions related to the violation
(c) Late ChazEe
If any rent or other payment due under this Lease is not received by Railway within
ten (10) days of the due date of such payment, Lessee shRll �y, in addition to such payment a late
charge equal to the greater of 5% of the payment which is past due or Two Hundred Fifty and
No/100 Dollars ($250.00). If any pa.yment due from Lessee sha11 remain overdue for more than ten
(10) da.ys, interest shall accrue daily on the past due amount from the date such amount was due until
paid or judgment is entered at a rate equivalent to the lesser of eighteen (18%) percent per annum or
the highest rate permitted by law. Interest on the past due amount shall l� in addition to and not in
lieu of the five (5%) percent late charge or any other remedy available to Railway.
4. Utilitv Charees Taxes Document Stamps
(a) Utility Chazges
All chazges on the Leased Premises for a11 utilities, including but not limit� to water,
electricity, gas, heat and sewers and for taues on I.essee's improvements shall be paid by the Lessse
within thirty (30) days after da.te of invoice.
(b) Ad Valorem Taxes
Lessee agree.s to pay, within thirty (30) days after presentation unto Lessee by
Railway, bills for a11 special assessments, ad valorem taxes and any other taxes of whatsoever kind or
nature levied by the Unite.d Sta.tes of America, State of Florida, any county, municipality or spe�ial
taxing district organized and existing under the laws of the State of Florida, ugon any of the Leased
Premises on a pro-rdted basis. All ta�ces and special assessments, payable on an annual basis, are to
be pro-rated by the parties hereto for the year during which this Lease is made, as well as the year in
which the same may be terminated.
(c) Document Stamns
Lessee shall pay any necessary documentary stamp taxes required to be a�ixal to this
lease under the laws of the United States of America, the State of Florida, or both.
(d) Sales and Use Tax. Personal Proneriy Tax
Lessee will pay all Sales and Use Taxes and all personal property taxes that may be
levied or assessed against the persvnal property of the Les�e.
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5. As Is. Maintenance
Railway MAICES NO WARRANTy, REpREgE1�I'ATTON OR UNDERTAKING,
EXPRESSED OR IlVIPLIED AS TO TI� CONDITION OF TF� LEASED PREMISES and Lessee,
at its sole cost and expense, hereby agrees to put the Leased Premises in such condition for its
proposed use and to maintain them in their entirety. The Leased premises is leased as it currently
exists in an AS IS condition and the Lessee, who has inspected the Leased premises prior to entering
�tO �S �se� accePts the Lease� Premises as is and shall henceforth be responsible for any and all
reP� �d �ntenance to the land and any buildings, facilities and improvements located thereon.
Lessee shall perform all work re,quired for the preparation of the I,eased Premises for occupancy by
Lessee, in the absence of any special provision herein contained to the conh�ary, and L,essee daes
hereby accept the Leased Premises as now l�ing in fit and leasable condition for a11 p�ses of
Lessee.
Lessee will keep the Leased Premises free and clear of any and all trash, brush and debris of any
kind, so as to prevent the ttash, bivsh and debris from becoming dangerous, inflammable or
objectionable. Railwa,y shail have no duty to inspect or maintain any the Leased Premises d�g the
term of this Lease.
Lessee shall have no claim of any kind or description for damages to goods, wares or merchandise on
the Leased Premises from aziy ca.use whatscever, INCLUDING FIRE, STORM, CASUALTY OR
ACT OF GOD, OR NEGLIGENCE OF RAQ,WAY UNLESS CAUSED BY THE WII,LFUL OR
INTENTIONAL ACTS OF RAII,WAY.
6• Lesse�'s Compliance With Law
(a) Zoning and Use Regulation
Lessee will rel� Railway from any lass, cIaim or damage which Lessee may sustain
arising directly or indirectly by reason of either existing or firture zoning or other regulations
promulgated by any governmental agency which may adversely affect use by Lessee of the Leased
Premises. Lessee shall assume all responsibility for procuring or complying with any ordinance,
resolution, order, permit, consent or other such regulation, promulgated by any govemmental
agency whatsoever, for building or otherwise, required for the use of the Leased Premises or for the
construction of any facilities upon the Leased Premises. I.esse� shall indemnify, defend and hold
harmless Railway from any loss, claim or damage suffered by Railway. for Lessee's failure to
properly and completely perform tlus responsibility,
(b) Other Re�ulation
Lessee sha11 comply with all federal, state and municipal regulations as to health,
safet3', zoning, Police, nuisance, fire, water, liquid, solid waste and ha��.rdous waste, highways
sidewalks and other matters, and with the regulations of all �rsons or corporations supplying water,
gas, heat, electricity or steam on the premises, and shall indemnify the Railway against all fines,
penalties, expense, damages and costs for violation thereof. Lessee is solely responsible for
obtaining any and all federal, state and local licenses, permits, or other authority for its use of the
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premises and shall indemnify and hold harmless Railway against all fines, penalties, expens�,
damage and costs for violation of or failure to comply with any federal, state or local laws or
regulations.
7. Hazardous Materials
L.e.ssee will prevent the presence, use, generation, release, discharge, storage, disposal,
or transportation of azry Hazardous Materials (as hereinafter defined) on, imder, in, above, to, or from
the Leased Premises except that Hazazdous Materials may be usai in the Lwsed Premises as
necessary for the customary maintenance of the Leased Premises pmvided that same are used, stored
and disposed of in strict compliance with applicable laws. For purposes of this provision, the term
"Hazardous Materials" will mean and refer to any wastes, materials, or other substances of any kind
or character that are or become regulated as hazardous or toxic waste or substances, or wluch require
special handling or treatment, under any federal, state or locallaws.
If Lessee's activities at the Lased Premises or Lessee's use of the Leased Premises
(a) results in a relea� of Hazardous Materials that is not in compliance with applica.ble la.ws or
pernuts issued thereunder, (b) glves rise to any claim or requires a res�nse under common law or
applicable laws or permits issued thereunder; (�) causes a significant public heaith effect; or (d)
creates a nuisance, then Lessee shall, at its sole cost and expense: (i) immediately provide verbal
notice thereof to Railway as well as notice to Railway in the manner required by tlris Lease, which
notice shall identify the Hazardous Materials involved and the emergency procedures taken or to be
taken; and (i) prompdy take all action in response to such situarion re,quired by applicable laws,
provided that Lessee shall first obtain Railway's approval of the non-emergency remeciiation plan to
be undertaken.
8. Insvection and Access by Railw�
Railway shall have the right, at reasonable times aad u�n reasonable prior notice to
Lessee, to enter the Leased Premises for the putpose of examining and inspecring the condition of the
Leased Premises and to evaluate Lessee's compliance with the terms and conditions of this Lease.
Railway shall have the right at all times to enter the Leased Premises without prior notice to Lesse�
and take action in the event of any emergency affe,cting the Leased premises, including but not
limited to leakage of Hazardous Maxerials or other materials from or onto the Le,ased Premises, the
detection of odors that apgear to be cflming from the Le,ased Premises, suspected illegal a.ctivity on
or use of the Leased Premise� or like activities or events Lessee hereby releases and holds Railway
harmless from any action taken by Ra.ilway to access the Leased premises under the conditions set
forth herein aad/or to co�rol or respond to any emergency affecting the Leased premises.
9. S�
Lessee shall not place any signs on the Leased Premises except with the prior written
consent of the Railway, including consent as to location and design, which may be withheld in
Railway's sole discretion. Any and a.11 such approved signs shall be installeci and shall be mainta.ined
by Lesse,e, at its sole cost and expense and shall be in compliance with all applicable laws. Lessee
sha11 be responsible to Railway for the installation, use, or ma,intenance of said signs and any damage
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�� ��ebY• Lesse� agrees to remove said sign prior to termination of the Lease and, upon such
removal to repair al] damage incident to such removal.
10. INDEMNIFICATION
E1. Indemnification
�� h�ebY agr�s to indemnify, defend and hold harmless Railway from and
against any and all liability for any loss, injury or damage, including, without limitation, damage to
the Lease� Premises or to Lessee's property, consequential damage, all costs, ex�nses, court costs
and reasonable attomeys' fees, imposed on Railway by any person whomsoever that occurs on or in
(i) the Leased Premises, or (ii) any lands, buildings, structures, access azeas or the like ad.jacent to
the Leased Premises, as a result of or arising from or related in any way to the acts or failure to act of
Lessee, its employees, agents or contractors, including any failure to comply with the terms and
conditions of this Lease, or the presence of Lessee, its employees, agents or conhactors, or the
property of any of the same, on the Leased Premises or adjacent areas, and REGARDLESS OF TI�
CAUSE AND REGARDLESS OF WHETHER ATTRIBUTAgI,E TO TI� FAULT, FAILURE OR
NEGLIGENCE OF RAILWAY. The commercialliability insurance that Lessee is required to carry
Pursuant this Lease shall include coverage of the foregoing contractual indemnity. The provisions of
this pazagraph shall survive the expiration or any termination of this Lease.
B. Lessee's Insurance
Lessee will throughout the Initial Term and any Renewal Terms(and any other period
when Lessee is in possession of the Leased Premises or has fail� to comply with the re.quinements of
paragraph 14 of this Lease) cany and maintain, at its sole cost and expense, the following types of
insurance, which shall provide coverage on an occurrence basis, with res�t to the Leased Premises,
in the amounts specified with deductible amounts reasonably satisfactory to Railway:
(1) Commerciat General Liability Insurance. Commercial general liability ("CGL")
insurance covering claims arising from personal injury, death and property damage with minimum
limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and insuring against
legal liability of the insut�ed with respect to the Leased premises or arising aut of the maintenance,
use or occupancy thereof. The CGL policy sha11 include contractual liability coverage of all such
liabilities arising pursuant to the Lease.
(2) Comnrehensive Automobile Liability Insurance. Comprehensive automobile liability
insurance with a limit of not less than $1,000,000.00 per occurrence for bodily injury, $500,000.00
per person and $100,Q00.� properly dama,ge or a combined single limit of $1,OOO,Q00 for both
owned and non-owned velucles.
(3) Excess Liability Insurance. Lessee shall also carry and maintain umbrella lia.bility
insurance with a limit of not less than $S,QQ0,000.00 p�r occurrence.
(4) Pronertv Insurance, Extended or broad form coverage properly insurance including
plate glass coverage on a replacement cost basis, with coverage equal to not less than ninety percent
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(90%) of the full replacement vatue of all personal property, decorations, trade fixtures, furnishings
�quiPment, alterations, leasehold improvements and betterments made by Lessee, and all other
contents located or plac� in the premises. In the event any casualty occurs, Lessee agr�s to �y the
difference �t�ween the insurance coverage required to be maintain� hereunder aad an insurance
�licy offering coveisge of one hundre� p�rcent (100'�0) of the full replacement value ofthe properhy
described in this subparagraph,
{5) Workers' Comnensation and Employers' Liability Iasurance. Workers'
Com�nsation Iasurance covermg all e�ployees of Lessee, as required by the laws of the State of
Florida. and Employers' Liability covera.ge subject to a limit ofno less than $500,0(� each employ�,
$500,(}00 each accident, and $1,Ot10,000 policy limit.
(6) Policy Form. All policies referred to above shall: (i) be taken out with insurers
licensed to do business in Florida having an A.M Best's rating of A-, Class IX, or otherwise
approv� in advance by RailwaY, (ii) name Railway and Railwa.y's proPerlY m _"" b er as additional
insiu'eds; (iii) be non-contributing with, and shall apply only as primary and not as excess to any
othei' insurance available to the Railway or any mortgagee of Railway; (iv) have all railroad
exclusions removed, and (v) contain an obligation of the insurers to notify the Railwa.y by certifieci
mail not less than thirty (30) days prior to any material change, cancellation, or termination of any
such policy. Certificates of insurance on the Railway's standard form or, ifrequir� by a mortgagee,
copies of such insurance policies certified by an authorized officer of Lessee's insurer as being
complete and current, shall be delivered to the Railway prior to Less�'s use of the Leased Premises
hereimder and promptly upon request. If Lessee fails to deliver the required certificates or certifi�
policies, fails to take out or to keep in force any insurance required hereunder, or should any such
insurance not be approved by either the Railway or any mortgagee, then Railway has the right,
withoirt assuming any obligation in connection therewith, to procure such insurance at the sole cost
of the Lessce, and all outlays by the Railway shail be paid by the Less� to the Railway without
prejudice to any other rights or remedies of Railway under this Lease. Less� shall not keep or use in
the Leased Premises any article that ma.y be prohibited by any fire, casualty or other insurance policy
in force from time to time covering the Leased Premises,
C. Claims Handline
If a claim or action is made or brought against either party and for which the other
Party ma.y be res�nsible hereunder in whole or in part, such other pariy shall be notified and
permitted to participate in the handling or defense of such matter.
11. Purpose of Lease
The premises sha11 be used only for the purpose of Beantification.
12. No Interference with Railway p�ratio� Reservation of Rig�
T'he Lessee's use and/or maintenance of the Leased Premises shall not in any way, or
at any time, interfere with or obstruct the use of the Leased Premise�s or of the remaining land of the
Railway by the Ra.ilway, its agents, employees, patrons or assigns. The I,essee will not discharge
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surface water upon any other Railway property and railroad tracks of the Railway and Less� hereby
expressly releas�s the Railway from liability for any surface water flowing nahu�lly across Railyvay'S
PrOP�Y• �9see fiuther agre�s not to alter the leased premises � as to cause water to drain or flow
onto Railway's property nor so as to cause an undermining of the adjacent properiy.
Lessee shall not have or assert any claim or demand whatsaever for compensation or
damages to the Leased Premises or to any improvements now or hereafter erected or property lac�ted
ther�n which ma.y be caused by the operation, maintenance, repair, reloca.tion, or removal of
Railway's railroad or which may be caused by vibration resulting from the operation of said railro�d
and Lessee releases R.ailway from any liability for any such damage.
Unless specifically set forth in this Lease, no right of way, expressed or implied, over
�a�n�ng property of Railway for the benefit of the Leased Premises is granted by this Lease.
It is understood betw�n the parties hereto that Ra.ilway reserves unto itself, its
successors, permittees, licenses, or other persons, the right to consbruct and maintain other facilities,
including but not limited to pipelines and/or communication cables, over and across the Leased
Premises, and fiuther, that Lessee shall take no meas�es to interfere with the construction or
maintenance of said facilities and shall at all times allow ingress and egress to the Leased Premises
by Railway and its successors, pennittees, licensees or other persons provided that such shall not
unreasonably interfere with Lessee's use of the Leased Premises.
Lessee acl�owledges that the Leased premises may contain fiber optic
comtnunicarion systems, Itailway signat and tra.in control cables and ott►er utilities. Prior to any
digging or subgrade work on the leased premises, you must call SUNSHINE for utility locations at 1-
800-432-4770 and the Railway Signal Department at 9Q4-826-2428 for signal azid train control cable
locations. Proper notification is required for cable locations and field inspections to protect against
damages.
13. Terminatian
Either party may, in its discretion, for any reason whatsoever, terminate this Lease at any time
by the giving of 3Q days prior written notice to the other party as hereinafter provided. Such
termination shall not in any way, however, release Lesse�e from its obligations to siurender the
Leased Premises in accordance with the requirements set forth in this Lease and to pay rent and other
payments until all property of L,essee is remaved from the Leased Premises and the Leased Premises
is surrendered in the condition required by this Lease,
14. Condition of Premises on Termination
The Lessee sha11 not mutilate, da�iage, misuse, or alter, the I.eased Premises, but shall
keep the same in good condition and regair. Any and all repairs, alterations or irnprovements made
on the Leased Premises by Ra.ilway at Lessee's request sha11 be at Lessee's expense unless otherwise
expressly agreed in writing,
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Upon tt� termination or expiration of the Lease, L.essee shall surrender the Leased
Premises to Railway, broom clean and in the same condition as received except for ordinary weaz
az►d teaz' wluch Less� was not otherwise obligated tv remedy under any provision of tlus I.ease.
Unless Railway � otherwise or unless prohibited by law, Lessee shatl pro�rly remove all
equipment, materials, works, tiasla, debris, containers, tanks and personal property ("Lessee's
Properiy") from the Leased Premises prior to terminatian or expiration of this Le,ase. Lessee shall
repau', at Lessee's expense, any damage to the Leased Premises caused by the removal of any of
Lessee's Properly. In no event, however, shall Lessee remove any of the following materials or
equipment unless Railway directs otheiwise in writing: any pflwer wiring or power panels; lighting
or lighting fixtures; millwork and cabinehy; wall cvverings; draPes, blinds or other window
coverings; cazpets or other floor coverings; heaters, air conditioners, or any other heating or air
conditioning equipment; fencing or security gates; plumbing Sxtures, water fountains; or other
similaz building operating equiPment and decorations, structures, foundations, concrete, asphalt or
fencing. If Lessee fails to remove Lessee's Property, in addition to the payment requirements set
forth in garagraph 3 hereof, at Railway option all or part of I.essee's Pro�rty will b�ome the
property of Railway and/or at Ra.ilway's option, Railway may c�use removal of all or part of Lessee's
Properiy from the Leased premises and/or storage thereof. The reasona.ble cost or expense of
removal and/or storage of any of Lessee's Property shall be paid by Lessee to Railway forthwith
upon dema.nd for same.
15. Lessee Improvements
Lessee will not erect or cause to be erected any building or other structure, and will
not make or allow to be made any alterations in or to the Leased Premises (collectively, the
"Alterations") without first obtaining the written consent of R.ailway, which consent may be granted
or withheld in Railway's sole discretion. Railway may require I,essee to provide demolition and/or
lien and completion bonds in form and amount satisfactory to Railway. All Lessee Alterations will
be accomplished in a good and workmanlike manner at Lessee's sole ex�nse, in conformity will all
applicable laws by a licensed and bonded contractor approved in advance by Railway, such appr�val
of contractor not to be unreasonably withheld. All contractors worlQng on Alterations shall carry
workers' compensation insurance, commercial gener�( liability insutance, automobile insurance and
excess liability insurance in amaunts reasonably acceptable to Railway and shall deliver a certificate
of insiu�aace evidencing such coverages to Railway prior to commencing work in the I.eased
Premises. Upon completion of any such work, Lessee shall provide Railway witii "as built" plans,
copies of a11 construction contracts, and proof of payment for all labor and materials. Any
Alterations to the I.eased Premises made by or installed by either pariy hereto will remain upon and
be surrende�'ed with the L�ed Premises and become the property of Ra.ilway upon the expiiation or
earlier termination of this Le,ase without credit to Lessee; provided, however, Railway, at it optioq
�Y �1�'e Lessee to remove or repair any qlterations to restore the Leased Premises to the
condition existing at the time Lessee took possession, with all costs of removai, repair, restoration, or
alterations to be bome by Lessee. This clause will not apply to moveable equipment, furniture or
moveable trade fixtures owned by Lessee, which may Ue removed by Lessee at the end of the Lease
term if Lessee is not then in default and if such equipment and furniture are not then subject to any
other rights, liens and interests of Ra.ilwa.y. Lessee will have no authority or power, express or
implied, to create or cause any construction lien or mechanics' or materialmen's lien or claim of any
kind against the Leased Premises or any portion thereof or any RailwaY P�Perh'. Lessee will
9
. . , , • , ' � • . .
promptly cause any such liens or claims to be released by payment, bonding or otheiwise within
thirh' (3U) days after request by Railway, aud will indemnify Railway against losses arising out of
any such claim including, witliout limitation, legal fees and court costs. NOTICE IS HEREBY
GNEN THAT RAILWAY WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR
MATERIAL FURNISHED OR TO BE FURNISHED TO LESSEE, OR TO ANYONE HOLDING
THE PRENIISES THROUGH OR UNDER LESSEE, AND THAT NO MECHANICS' OR OTHER
LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS �VIL,L ATTACH TO OR
AFFECT'I'I� INTEREST OF RAII,Wt�y IN THE pREMISE5. LESSEE WILL DISCLOSE TI�
FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY LESSEE PROVIDING
LABOR, SERVICES OR MATERIAL TO THE LEASED PREMISES.
16. Assisnment
Lessee will not assign this Lease, in whole or in part, or sublease the Leas� Premises,
in whole or in part, without the prior written consent of Railway, wluch consent is in Ra.ilway's sole
discretion and subject to Railway's right ofrecapture s�t forth below, and in no event will Lessee be
released from any obligation or liability under this Lease following aay such assignment or sublease.
No sub lessee of the Leased Premises or any portion thereof, may further assign or sublease its
interest in the Leased premises or any portion thereof. All legal fees and expenses incurred by
�1waY ���ection with the review by Railway of Lessce's requested assignment or sublease
pursuant to this paragiaph, together with any legal fee.s and disburseme� incurred in the preparation
and/or review of any documentation, will be paid by Les�e within thirty (30) days of invoice for
payment thereof, as additional rent. If the rent due and payable by any assignee or sub lessee under
any permitted assignment ar sublease exceeds the rent payable under this Lease for suah space,
Lessee will pay to Railway all such excess rent and other excess consideration within ten (10) days
following receipt thereof by Lessee.
17. Fencine
Unless Railway agrees othen�vise, �fore use of the property by Lessee, Lessee shall erect a
barricade or fence of a type acceptable to Ra.ilway, along a11 boundaries of the herein leased ground
space, and thereafter shall maintain, repair and/or replace sa.id barricade or fence at L.esse�e's sole cost
and expense. When the bamcade or fence is in place, and to exp�dite the inspection of it, Less�
shall notify:
Di�ector of Industrial Development and Real Estate
Florida East Coast Railway, L.L.C.
P. O. Drawer 1048
SL Augustine, Florida 32085
(800) 299-2265
In the event Lessee does not notify Railway that the barricade or fence is in place within thirly (30)
days after execution of this I.ease, Railway, in its sote discretion, ma.y terminate this Lease upon
notice to Lessee and Lessee shall immediately vacate and surrender the Leased Premises in
a.ccordance with the requirements of this Lease.
10
' . . �' . , � .
18. Care Around Tracks
Lessee shall adopt, monitor and enforce reasonable rules and regulations for the
conduct of Lessee's employees, patrons, agents and contractors (including employees thereo fl or any
°��' l�ers°ns using the Leased Premises to protect them from injury while on, about or near any
track on or adjoining the Leased premises,
19. Destruction or Dama�e to Leased Premises
If the Leased premises (which shall not include Lessee's Property or Lessee's
�� P�Peri3') � at any time materially damag� or destroyed by fire or other Acts of God and
such damage or destruction or the extent of such damage or destruction d�s not in any way result or
arise from the acts or failure to act of Lessee, its employees, agents, invitees, visitors, customers,
assignees, sub lessees, contractors or subcontractors, Railway shall have sixty (60) days from such
damage or destruction to determine in its sole discretion and inform Lessee whether Railway will
restore the I.eased Premises to substantially t� condition that existed immediately prior to the
occurrence of the casualty , ff Railvvay determines not to r�tore the Leas� Premises, it will notify
Lessee and I.esse;e's sole remedy shall be to tenninate the Lease upon prior written notice to
Railway. If Railway elects to rebuild it will give Lessee its reasonable estimation of the time it will
take to restore the Leased Premises. ff in Railway's reasonable estimation, the I.eased Premises
cannot be restored within two hundred forty (240) days of such damage or destruction, then either
party ma.y terminate this Lease by written notice to the other party. Subsequent to Ra.ilway's
determination to restore the Leased Premises, and until the restoration of the Premises is complete,
there sha11 be an abatement or reduction of the rent in the same progortion that the syuare footage of
the L�ased Premises so damaged or destroyed and under restoration bears to the total square footage
of the Leased Premises. If the damage or destruction was caused by or increased in any v�ay by the
acts or failure to act of Lessee, its employees, agents, , invitees, visitors, customers, assign�s,
sublessees, con�actors or subcontractors. Lessee shall be responsible for promptly returning the
Leased Premises to their former condition and there will be no abatement of rent.
20. Default
(a) DEFAULT. The following will be events of default by Lessee under this Lease:
(1) Failure to pay when due any installment of rent or any other payment required
pursuant to this Lease;
(2) Failure to deliver , maintain and restore the Security Deposit required under
tlus I,ease;
(3) Failure to obtain and maintain the insurance required under this I,ease;
(4) The filing of a getition for banlQUptcy or insolvency under any applicable
federai or state bankruptcy or insolvency law; an adjudication of banlcruptcy or insolvency or an
admission tha.t it cannot meet its financial obligations as they become due, or the ap�intment or a
receiver or trustee for a11 or substantially all of the assets of Lessee; the foregoing sha11 also apply to
all guarantors, if any;
11
, . . . • . , .
(5) A transfer in fiaud of creditors or an assignment for the benefit of creditors,
by Lessee or any Guarantor,
(6) AnY act which results in a lien being fil� against a11 or aportion ofthe I.�
Premises;
�� The liquidation, termination or dissolution of Lessee or any Guarantor, or, if
Lessee or any Guazantor is a natural person, the death af Lessee or such Guarantor;
(8) Failure to cure any non-monetazy pmvision of this Lea.ge within 20 da.ys after
written notice thereof to Lesse�.
(b) REMEDIES. In the event of any default hereunder by Lessee, then witiiout prejudice to
any other rights which it has pursuant to this Lease or at law or in equity, the Railway shall have the
following rights and remedies, wluch are cumulative and not altemative:
(1) Railway may terminate this Lease by notice to Lessee and retake �ssession of
the Premises for Railwa.y's account. L,essee shall then quit and surrender the Premises to Railway in
accordance with the requirements of this Lease. I,essee's liability under all of the provisions of this
Lease shall continue notwithstanding any expiration and surrender, or any re-entry, repossession, or
disposition hereunder, including to the extent legally permissible, payment of all rent and other
charges until the date tlus Lease would have expired had such termination not occurred and the
sunender of the Leased Premises in accordance mth �e requirements of tlus Lease. If Railway so
elects, rent may be accelerated and Lessee sha11 pay Railway damages in the amount of any and all
sums that would have been due for the remainder of the Initial Term or any Renewal Term.
(2) Railway ma,y enter the Leased premises as agent of the Lessee to take
possession of any property of the Lessee on the Leased Premises, to store such property at the
expense and risk of the Lesse.e or to sell or otherwise dispose of such property in such manner as the
Railway may see fit without notice to the Lessee. Railway shall not be liable in any way in
conn�tion with its actions pursuant to this section, to the extent that its actions are in accordance
with law.
(3) Railway may relet all or any part of the Leased Premises for all or any part of
the unexpired portion of the term of this Lease or for any longer period, and rnay accept any rent then
attainable; grant any concessions of rent, and agree, at Lessee's expense, to pa.int or make any special
repairs, alterations, and decorations for any new Lessee as it ma.y deem advisable in its sole and
absolute discretioa Railway shall be under no obligation to relet or to attempt to relet the Premises
STeate�' than that imposed by law.
(4) Railway may remedy or attempt to remedy any default of the Lessee under this
Lease for the account of the Lesse�e and to enter u�n the Premises for such piuposes. No notice of
the Railway's intention to perform such covenants need to be given. Railway shall not be liable to
the Lessee for any loss or damage ca.used by acts of the Ra.ilway in remedying or attempting to
remedy such default and the Lessee shall pay to the Railway all expenses incurred by the Railway in
connection with remedying or attempting to remedy such default. Arry expenses incurred by Railway
12
. . � , .
slia.11 accrue interest from the date of payment by Railway until repaid by I.essee at the lughest rate
permitted by law.
(c) COSTS.
Lessee shall pay to Railway on demand all costs incun�ed by Railway, including
reasonable attorneys' fees and costs, (whether incurred in preparation for or at trial, on appeal, or in
b �p�'�� ���'� bY ��Y ��o��g any of the obligations of Lessee under this Lease. In
addition, upon any default by I.essee, Lessee sha11 also be liable to Railwa.y for the expenses to which
Railway may be put in re-entering the Premise.s, reletting the Premises aad putting the Premises into
the condition necessary for such reletting (including attorneys' fees and disbursements, marshall's
fces, and brokerage fees, in so doing), and any other ex�nses re.asona6ly incurred by Railway.
(d) WAIVER
No delay or omission by Ra.ilway in exercising a right or remedy shall exhaust or
impair the same or constitute a waiver of, or acquiescence to, a default.
(e) DEFAULT BY RAII,WAY.
In the event of any default by Railway of any material term of this Lease, Lessee will
give Ra.ilway written notice specifj►ing such default with particularity, and Ra.ilway shall have a
period of thirty (30) da.ys following the date of such notice in which to commence the appropriate
cure of such defaul� If Railway fails to commence and diligently pursue the appropriate cure of
such default after such notice or complete same within a reasonable period of time, Lessce ma.y
terminate this Lease upon written notice to Railway.. Notwithstanding any pro�►ision of this Lease,
Railwa,y sha11 not at any time have any personal liability under this Lease, and Lessee's sole remedy
with respect thereto shall be termination of the L�ase.
21. Hald Over
In addition to and not limiting any other rights or remedies which Railway may have
on account of Lessee holding over without written consent of Railway, Lessee sha11 pay tv Railway
any and a11 direct and conse�uential damages incurred by Railway on account of such imapproved
holding over including claims by less�s entitled to future possession.
22. Condemnation
If all or a portion of the Leased premises shall be taken by public or quasi-public
authority under any power of eminent domain or condemnation, tlus Lease, at the option of the
Railway, shall forthwith terminate and the Lessee sha11 have no claim or interest in or to any award
of damages for such tatiing.
13
• I
� • . � . ' • � q ' . .
23• 4uiet Enjoyment
If Lessee pays the rent and a11 other charges and fnlly performs all of its obligations
undei' this Lease, Lessee sha11 be entitled to peaceful and quiet enj oyment of the Le�ased Premises for
the full Term without interruption or interference by Railway or any person claiming through
Railway.
24. No Waiver or Modification
None of the provisions hereof shall be waived or modified, except by mutual
a�eement, in writing, and no alleged verUal or written inducement prior to ex�ution nor subs�uent
verbal waiver, or modification, shall be binding under any circumstances. Further, that tlus l�se
constitutes the entire understanding of the parties and that neither the failure of the Railway to
enforce each and every provision, nor any course of conduct by the Railway shall be considered as a
waiver of these provisions.
25. Successors and Assigns
The provisions hereof shall be binding upon and inure to the benefit of the successor,
executors, administrators and permitted assigns of the respective parties.
26. S�cial Notice ReEazding Radon Gas
Lessee is hereby notified that Radon Gas is a naturally occutring radioactive gas that,
when accumulated in a building in sufficient quantities, may present health risks to persons who are
exgos� to it over a period of time. Levels of Radon that exceed federal and state guidelines have
been found in buildings in the Sta.te of Florida. Lessee is further notified that additional information
regarding Radon Gas, and the testing for Radon Gas, may be obtain� from the Public Health Units
of the various counties.
27. Restrictions
Lessee agcees that no plants, shrubbery, trees or other vegeta.tion that would obstruct the view of
motor vehicles or train crews using a crossing at grade, or interfere with the operation of tra.ins, will
be placed on the Leased Premises, In addition to the above restriction, no plants, shrubbery, trees or
other vegetation having a height of more than two (2) feet will be placed within two hundred and
fifty (250) feet of any at grade street crossing, aad if such vegeta.tion exceeds two (2) feet in height,
the Railway may trim such vegetation to a two (2) foot height at Lessee's ex�nse. Plants, shrubbery,
trees or other vegetation shall be trimmed by Lessee so as to maintain this distance from the
centerline of the nearest track of twenty-five (25) feet and if such vegetation is closer thaa twenty-
five (25) feet from the centerline of the nearest track, the Raitway may trim or remove such
vegetation so that no vegeta.tion is within twenty-five (25) feet of the centerline ofthe nea�est �aack at
Lessee's expense. This restriction in no way limits the indemnification requirements set forth in this
Lease. Also, no plants, shrubbery, tre.es or other vegetation of a hazazdous nat�e that might produce
injury to any person coming in contact with said plants, shrubbery, trees or other vegetation will be
14
. • , . ... � , �
• � � � .
placed upon the Leased premises or any adjacent property by Lessee. The placement of any wells by
Lessee on the Leased Properiy or any adjacent properiy is strictly prohibited.
28. Notices
Any notice to be given or to be served upon any party hereunder, in connection with
this Lease, must be in writing and must be given by certified or registered mail and shall be deemed
to have been given and received when a certified or registered letter, containing such notice, properly
addressed, with �stage prepa,id, is de�sited in the U. S. Mail; or, if given otherwise than by certified
or registered mail, it shaU be deemed to have been given when delivered to and receiv� by the party
to whom it is addressed. Such notices shall be addressed to the parties herein at the following
addresses:
TO RAILWAY: Director of Industrial Development and Real Estate
Florida East Coast Railway, L.L.C.
P. O. Dra.wer 1048 (1 Malaga Street)
St. Augustine, FL 32085-1048
TO LESSEE: Village of Tequesta
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469
29. Goveming Law
This Lease shall be govemed by the laws of the State of Florida.. In the event any suit, action
or proceeding is brought be either party with respect to this Conlract, such action, suit or proceeding
shall be brought in any f�eial or state court located in Duval or St Johns County, Florida.
30. Cancel and Supersede
This Lease cancels and supersedes that certain Lease Agreement dated Ju1y 11,1999 by and
between the parties hereto.
31. Ill�
If any provision of this Lease sha11 be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the r�maining provisions shall not in aay way be affected or impa.ired.
32• Securi De asit
Upon the execution of this I.ease, I,essee sha11 remit to Railway a security deposit in the
amount of $ NONE in cash or other form acceptable to Railway in its sole discretion
(the "Security Deposit'�. The Security Deposit represents security for the faithfiil performance aad
observance by Lessee of e,ach and every term of this Lease. Railway may apply all or part of the
Security Deposit to any unpaid rent, additional or late charges or any other chazges due from Lessee
15
. . • • , •, • , .
under this I.ease, or to cure any other default of Lessee. The Security Deposit shall not constitute
liquidated damages. If Railway uses any part of the Security Deposit, Lessee shall restore the
Security Deposit to its full amount within ten (10) days after notice from Railway. No interest shall
accrue to or for the benefit of Lessee on the S�urity Deposit Railway sha11 not be required to keep
the Security Deposit separate from its other accounts, and no �vst relationship is created with respect
to the Security Deposit. Railwa,y shall not be obligated to retum the Security Deposit to Less� upon
the expirations or earlier termination of the Lease unless and until all of the following events occurs;
(I) the payment in full of all rent and other chazges due pursuant to the Lease and (ii) the repair of
any and all damage to the Lea,sed premises,
33. Time is of the Essence. TIlVIE IS OF THE ESSENCE OF THIS LEASE AND ALL
PROVISIONS CONTAINED HEREIN,
34. Waiver of Trial by Jurv RAILWAY AND LESSEE HEREBY KNOWINGLY,
IlV'TENTIONALLY AND VOLUNTARILY WAIVE TRIAL gy JURy IN ANy ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF TI� PAR'TIES HERETO
AGAINST THE OTHER ON ANY MATTER �VHATSOEVER ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THIS LEASE.
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 1 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
16
� � .
, . , , . , �
. �
IN WITIVESS WHEREOF, the parties have hereto set their names and seals this /�T� day of
!_ �-� � 20(�-
� Signed, sealed and delivered FLORIDA EAST COAST RAILWAY,
L.L.C. A Limited Liability Company
in the presence of:
I ,
_ BY� (S FAi •)
wim as so ailway Jo D. cPherson, President
�' ,
Attest: �r�4� [.�.� . `, .
wimess as co [ta�lway Assistant Secretary
Date of Execution: � ! / 5 �o �
VII.,LAGE OF TEQUESTA
a Municip Corpo '
l
���-2_ � r` g ;� �
Y -� (SEAL)
w;mess as to Lessee Mayor
(Print Name) � Yl (� �- �• �j L� (Print Name) i W�, L�,V�, �
, Attest: �
Wiiness as to Lessee � G�� Cl
(Print Name) �U�' P ✓� � � l ( �a l `� (Print Name) �'I I C.�In 0.�, � � • �� 1,t ZZ L} �'r.
)
``���� �� F�� ��i���� Date of Execution:
,,•� p�.OG����
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=�: t�`.cn
- SEAL :a=
' = IN CORPpRATED' =
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• �
CUNSULTING, INC.
EXECUTIVE COACHING SERVICES
� 1500 Package
Nine (9) hours of coaching {telephone consultatlons, offlce meetings, and all other
services provided on behalf of the cHent), includes the MBTI Q Version Interpretive
Report.
Note:
Package must be used within four months. Packages may be renewed or additional
senrices purchased at the rate of $175/hour.
The provisions of this agreement have been fully explained to me. I understand:
• The services provided under this agreement do not include actual job placement.
• That I am to pay for services at the time they are rendered.
•= will be charged for any appointment which Z miss or cancel writhout giving
24 hours advanced notice.
D&B Consulting, Inc adhe�es to a code of ethics as pr�cribed by the National �ssoclation of
Social Workers and the Soclety of Human Resource Management which require strict
confldentiality in the relationship between consultantJcoach and client.
1�11i c� q�.1 C.��.cZ� �� 5 a�
Narne (Print) Date
�
!
Signature
3355 Lenox Road Sulte 750 404.504.7079 wrwrw.dandbconsulting.com
Atlanta, GA 30326 debbie@dandbconsulting.com
ADDENDUM
Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor
must keep and maintain this Agreement and any other records associated therewith and that are
associated with the performance of the work described in the Scope of Services. Upon request,
the Contractor must provide the public with access to such records in accordance with access and
cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any
exempt or confidential records associated with this Agreement or associated with the
performance of the work described in the Scope of Services are not disclosed except as
authoriz� by law. Finally, the Contra.ctor shall retain the records described in this paragra.ph
throughout the performance of the work described in the Scope of Services, and at the conclusion
of said work, transfer to the Village, at no cost to the Village, all such records in the possession
of the Contractor and destroy any duplicates thereo£ Records that are stored electronically must
be transferred to the Village in a formax that is cflmpatible with the Village's information
technology systems.
, vllage of Tequesta Date: 6/3/2014
Purchase Order Requisition Date Purchase Order is Req'd: 6/5/2014
(Not a Purchase Order) Department: Public Works
"Revlsed IYOVembel 14. 2011 Req. #:
Quotes Received: 3 (See Attached) Recommended Vendor. Vendor #:
Vendors Bids Traffic Solutions 4255
Traffic Solutions $9,100.85 Address: 3001 Industrial Ave.
ASI Paving, Inc. $16,232.00 City. Ft. Pierce,
All Striping Service of FL, LLC 11,426.65 State & Zip: FL, 34946
Comments: Striping of Country Club Drive from Tequesta Drive to Martin County line.
Traffic Solutions is the best value for the �Ilage.
Manuf./ Available Balance
Item Descri tion Part# Qty. Unit Price Total Cost Account # (Finance Use Only)
Striping of Country Club Dr. 1$ 9, 100.85 $ 9,100.85 001-210-546.350
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total: $ 9,100.85
FinancelAdministrative Use Onlv:
The Depertment D/rector's / Designee's signature below cerlifies �at (1) thls purchase arder requisffion !s complete and !n compUance wiNi fhe Vlllage's
Purchasing Policies and Procedures and (2) all procutemer►t requlrements have been �tlsfled.
De artrnent Director/ Designee Signature: �' Date: �`3 '�jt
The Finance Depar6nerrt signature below certlfles that (1) thls requlsitlon has been approved by en authorfzed Department Dlrector/Deslgnee, (2) ri►at the
corred accoum numbers have 6een used and (3) there !s adequate funding in the accounts listed.
Finance Signature: Date:
Vllage Manager Approval: Date:
Vllage Council Approval: Resolution #. Date:
. ,
3501 S. Sanford Ave., Sanford FL 32773 - ES `I I I Ia��
PH:321-363-4085 FX:321-363-4395
3001 Industrial Ave. Three, Ft. Pierce FL 34946 Whiteleaf dba/ DATE ESTIMATE N0
PH:772-464-9737 FX:772-429-3458 ����'� O '�� IO ��
61312014 11954
NAMEIADDRESS PROJECT
ESTIMATING
TEQUESTA, COUNTRY CLUB DR
PLAN DATE PLAN SHEET(S) ATTENTION
M.HALUCK
ITEM QTY DESCRIPTION UNIT COST TOTAL
VILLAGE AT TEQUESTA, PALM BEACH COUNTY
COUNTRY CLUB DRIVE
FROM INTERSECTION AT TEQUESTA DRIVE TO MARTIN COUNTY
LINE
12° WHITE PAINT 536 LF-12° WHITE (PAINl) 0.55 294.80
18° UVHITE PAINT 56 �_ �g° �.{�-� (pq�� 1.00 56.00
STOPBAR P 13 Eq - STOPBAR (PAINI� 45.00 585.00
6" WHITE SKIP PAINT 177 LF - 6° WHITE SKIP, 2' - 4' (PAINI) 035 61.95
6° WHITE PAINT 16 ,186 �_ g° ��� (pq�N� 0.20 3,23720
DOUBLE YELLOW - P 7, 632 LF - 6" DOUBLE YELLOW (PAIN� 0.45 3, 434.40
RPM'S 409 Eq - RpM 3.50 1,431.50
SUBTOTAL FOR THE ABOVE 9,100.85
NOTE - QUANTITIES ESTIMATED QUANTITIES ONLY, ACTUAL FIELD QUANTITIES WILL 0.00
BE BILLED PER UNIT COST.
NOTE - MINIMUM 1/2 DAY MINIMUM RATE (LESS THAN 3 HOURS ON JOB) -$1,000.00 0.00
PER MOBILIL4TION
FULL DAY (3 OR MORE HOURS ON JOB) -$1,500.00 PER
MOBILIZATION
NOTE - HYDROBLAS.,. REMOVAL OF EXISTING MARKINGS BY HYDROBLASTING IS NOT 0.00
INCLUDED IN QUOTE BUT IS AVAILABLE FOR $950.00 PER
MOBILIZATION + $1.50SF ($2,300.00 MINIMUM)
NOTE MISC - REMOVAL OF EXISTING MARKINGS BY GRIMDING IS NOT 0.00
INCLUDED IN QUOTE BUT IS AVAILABLE FOR AN ADDITIONAL
$2.00SF ($350.00 MINIMUIII�
NOTE-QUALIFYING ... - THIS ESTIMATE AND NOTES SHALL BECOME PART OF THE o.00
CbNTRACT IF AWARDED
- QUANTITIES PROVIDED FOR ESTIM,4TING PURPOSES ONLY,
ACTUAL FIELD QUANTITIES WILL BE INVOICED FOR PAYMENT.
- RETAIN�4GE NOT TO EXCEED 2010 F.D.O.T. SPECIFICATIONS
FOR ROAD & BRIDGE GUIDELINES - SEC. 9.5-1
o es any are an i eg p is i an s TOTAL
bec:ome part of the contract 'rf awarded to Traffic Solutions.
SIGNATURE
Page 1
, �f
3501 S. Sanford Ave., Sanford FL 32773 " ES�I I I Ia��
PH:321-363-4085 FX:321-363-4395 -
3001 Indusuial Ave. Three, Ft Pieroe FL 34946 Whiteleaf dba/ DATE ESTIMATE N0
PH:772-464-9737 FX:772-429-3458 �af�ic olutions 613/2014 11954
NAME/ADDRESS PROJECT
ESTIMATING
TEQUESTA, COUNTRY CLUB DR
PLAN DATE PLAN SHEET(S) ATTENTION
M. HALUCK
ITEM QTY DESCRIPTION UIVIT COST TOTAL
-(2) TWO WEEKS REQUIRED TO SCHEDULE STRIPING CREW
- QUOTE IS BASED ON ONE (1) CREW PER SHIFT. IF ADDITIONAL
CREWS ARE REQUESTED BY CONTRACTOR, MINIMUM
MOBILIZATION CHARGES APPLY.
- PRICES ARE VALID FOR 30 DAYS FROM BID DATE. PLEASE
CONFIRM PRICING AFTER 30 DAYS.
-COIdTRACTOR TO PROVIDE ALL M.O.T. UNLESS OTHERWISE
SPECIFIED IN QUOTE. THIS INCLUDES M.O.T. REQUIRED DURING
FIN�4L STRIPING.
- DAMAGES TO OUR WORK BY OTHERS, REQUIRING REPAIR WILL
RESULT IN ADDITIONAL CHARGES TO CONTRACTOR.
- CONTRACTOR VVILL PROVIDE A CLEAN WORKSITE. IF
ADDITIONAL MOBILIZ,4TIONS ARE REQUIRED BECAUSE
WORKSITE IS NOT RF�4DY, CONTRACTOR WILL BE BILLED
MINIMUM DAILY RATE. ($1,000.00)
- TRAFFIC SOLUTIONS WILL REQUIRE A WRITTEN CHANGE
ORDER SIGNED BY A CONTR�4CTORS REPRESENTATNE BEFORE
PERFORMING ANY ADDITIONAL WORK OUTSIDE OF THE
ORIGINAL CONTRACT.
-TRAFFIC SOLUTIONS DOES NOT PROVIDE ANY WARRANTY FOR
FAILURE OF WORK ZONE MARKINGS DAMAGED DURING
CONSTRUCTION PH�4SES.
- THE PRICING IN THIS PROPOSAL IS BASED ON THE AWARD OF
THE ENTIRE SCOPE ESTIMATED. PLEASE CALL TO CONFIRM
PRICING ON PARTIAL SCOPES.
- TRAFFIC SOLUTIONS CAN PROVIDE A PERFORMANCE BOND
FOR A 2% FEE WHICH INCLUDES BOND AND ADMINISTRATIVE
FEES.
o es any are an i� p o is i an s TOTAL
become part of the contract'rf awarded to Traffic Solutions.
SIGNATURE
Page 2
,
3501 S. Sanford Ave., Sanford FL 32773 `, - ES {�I ��`�
PH:321-363-4085 FX:321-363-4395 ;;;;
3001 Industrial Ave. Three, Ft Pierce FL 34946 Whiteleaf dba/ DATE ESTIMATE N0.
PH:772-464-9737 FX:772-429-3458 ����'� O'��'0�� 6/3/2014 11954
NAMEIADDRESS PROJECT
ESTIMATING
TEQUESTA, COUNTRY CLUB DR
PLAN DATE PLAN SHEET(S) ATTENTION
M. HALUCK
ITEM QlY DESCRIPTION UNIT COST TOTAL
- TRAFFIC SOLUTIONS WILL NOT BE RESPONSIBLE FOR
INCORRECTLY STRIPED FINAL MARKINGS DUE TO LACK OF
ADEQUATE PAVEMENT MARKING PLANS, LACK OF FIELD
DIRECTION FROM OWNER ANDIOR LACK OF PROPERLY
ESTABLISHED TEMPORARY Li4Y0UT MARKINGS. ADDITIONAL.
CHARGES FOR REMOVAL AND RE-STRIPING WILL BE ASSESSED.
- A MONTHLY FINANCE CHARGE OF 1.5% WILL BE ADDED TO ALL
OVERDUEIM/OICES
o es any are an in egr pa o is i an s TOTAL $9,100.85
b�ome part of the contract 'rf awarded to Traffic Solutions.
SIGNATURE
Page 3
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ESTI MATE
Village of Tequesta May 7, 2014
345 Tequesta Drive B-14-075
Tequesta, FL 33469 Page 1 of 2
Attn: Matt Haluck
Ph: (561) 575-6240
Fax: (561) 575-6245 Re: Pavement Markings
Email: mhaluck(c�teauesta.org Country Club Entrance
North to County Line
The follor�ing Estimate is based on a request to restripe the Roadway markings as follows;
1. Provide restripe with DOT approved Traffic Paint with Reflective Glass Beads per FLDOT
Standards to include all markings as it exist now.
$12,960.00
2. As an Altemate provide restripe without Refle�tive Beads.
$11,260.00
3. Install 409 Reflective Pavement Markers. $ 3,272.00
Notes:
1. Permit Fees, if required, to be billed for actual.
2. Engineering, Plans, Surveys, Lay Outs, As-Builds, Testing, Inspections, not included
3. ASI Paving Inc. will provide Re-Stripe/Stripe with approved methods and practices. We do not
imply; improving, changing, differing and/or creating new or other services and will not be liable
for future claims after work has been completed, accepted and paid for. We will offer technical
support to CustomeNOwner for the purpose of assisting in records, data etc. and all legal fees
will be incurred by CustomeNOwner
4. Payment due upon completion.
P.O Box 741272 • Boynton Beach, Florida 334741272
Telephone: (561) 737-2024 • Statewide 1-888-577-0100 • Fax: (561) 784-9560
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CONTRACT AUTHORIZATION -
Village of Tequesta May 7, 2014
345 Tequesta Drive B-14-075
Tequesta, FL 33469 Page 2 of 2
Attn: Matt Haluck
Ph: (561) 575-6240
Fax: (561) 575-6245 Re: Pavement Markings
Email: mhaluck _tequesta.orA Country Club Entrance
IVorth to County Line
ASI Paving Incorporated will provide the necessary labor, materials and equipment in accordance
with this agreement as outlined for the sum of:
Initial
1. Restripe with Reflective Beads $12,960.00
2. Altemate Restripe without Reflective Beads $11,260.00
3. Install 409 Reflective Pavement Markers. $ 3,272.00
Authorization Owner/Owners Rep. Contractor
Date
Printed Name
Signature
Title
Notes:
Acceptance to this contract will limit owner and contractor, as set forth and any changes, deletions, and or additions will be agreed upon
prior to commencement of work.
P.O Box 741272 • Boynton Beach, Florida 33474-1272
Telephone: (561) 737-2024 • Statewide 1-888-577-0100 • Fax: (561) 7849560
All StYiping ,S'ervice of FL, LLC ��t j����
12545 Ora.nge Blvd
West Palm Beach, FL 33412 � Date
5/28/2014
i
�
i
Name / Address
Village of Tequesta
345 Tequesta Dr
Tequesta, FL 33469-0273
I
I
! Job Name & Rep
I
i
Description Qty Rate Total
� LF l2" white 536 0.60 321.60
LF 18" white 56 0.80 44.80
slopbar 13 16.00 208.00
LF 6" white skip 177 0.35 61.93
' LF 6" H�hite . 16,186 0.35 5.665.10
LF 6" vellow 7,632 0.35 2,67�.20
RPM r 4Q9 6.00 2,45�3.00
' THE PRICE II`'CLUDES WITH GLASS BEADS
i
Total $,,.�z6.65
Phone # Fax # E-mail
954-899-4440 561-828-3312 allstripingserviceoffl@gmail.com
Licensin A reemerrt
Organization or Institution Village of Tequesta
Mailing Addr�s: 34S Tequesta Dride
Tequesta, FL 33469
Primary Contact Name: Lorl McWi4liams, MMC
Contact's Telephone Number. (561) �68-0440
Contact's Email Address: fmcwiAiams�,a�.teauesta:org
UCENSE FEE.S;
Servlce: Check Number of Monthly.Fee/ T�al �-�,
Optfion LicensesA�irts: Subscription �or�ths:
Chos�n: teFms:
Linlimited Madia•MDnitoring Qptfon#1: � $3UO.UU/12 months 72 �1��
Suite (MMS) service, � prepaid for �p+ecial .
�r����-- r��� �� -
� - . ,_ prlcing discount ��.��
(Invoiced once annually ��
r�flects $2�OO.OD discount for -
prepaying 12 moelRhs; spec 1 -'
�rlicing dis�ountforlocal ��
government,) �p �
I°O�
(Orte Involce Up Front�
TYEyes Fedecal Tax �D: #0�-155�5 47
PAYMENT SCHEDULE
An Invoice will be sent to the person or persons desianated below upon e�cutlon of this Agreement, and except
as expressly set o�t in this Pgreement, vuill be due arrd payable in full in to TVEyes Net 30 days firom date of
execu�on. Alate payment fee of 1.b% per month will be applied tb atl past due balances. TVEyes resen+es the rlg�t
ta terminate services ifi payment of the inwice amount is not recei�d. The cilent shall have 5 days froFn the Delive�r
date within which ta notify Company of any material non-conforFnity of the Licenses. Fallure ta timely respond
shall be deemed aa:eptance.
Agreement Acceptance:
The authorized stgnatories below, on behalf o# their respective ocganir�tions, agree to the pricing and other terms
outlined herein. This S�hedule of Licenses and Fees and list of Terms and Condi�flns shall be collectivelyreferred
to as the "Agreement°. AI1 notices or other communicatlons required or permitted urrder this Agreement shaU be
forwarded to the individuals �amed below.
[Ctient] [Company] N.E�s, Inc.
Autho�i�ed Autharized (LG)
Signaiure: Signature: �r
Name/lltie: Name/Title: LarryGallo/SVP Sa1es
DaYe: Date: 5l27/1�
����n9 Mailing 1'1/Ey�es Inc.
Acidress: Address: 115D Post Rd.
Fai�ield, CT 06824
(203) 254-3600 �i35
Fax Fa�c (203) 2�4-3605
Emall: Email: ic�allo(cDiveves.com
RE�UIRm INFORMATION The follomring individual has been designated by Client as �e primary fiaison for any
flnancial obliga�ons to Companydescr�bed herein, and will be.the rec[pientofanyPnwices submitfed to Client
NamelTitle: t(1(1 i (�' ('tiQP�( 01-i,'� �
Billing Address: �1 �g,��Q �ii�' � --
3y � ��s� pr• ,� v�es� ,►� 3 3`f l�
—�
Telephone 5� ��-� ��_ �y 4 3
Fax
Email: CYt D Lt.�''� �� U T!-, . or' � 1'YlCwl � � ��L�MS
Purchasg Order #: • �� � �j'-�-i . p�(�
� Dt` ,e. �
idCINSE AGRF.F1V�dVT - TFRiV,I$ AND CUNDiTiONS ��
1. AGR�f=JVT TO PURC�SE This Agreement fs erttered 'mto as of the date executed by Tt/Ey�, Inc. (°Company°
or °we") and the fnstifu�on or arganization idernifted on the Schedule of Licenses a�d Fees attached hereto (°C�enY'
or °you"). We hereby agree to seU and you agree to purcf�ase the number of T1/Eyes- Med� fNonitoring seats as
� identffied on such Sch�ule ("the Licenses°). CGerrt agte� to pay Carnpany the fees and Cflmpany agrees to
defnrer the Licenses as set forth in this Agreement C�ient may purchase additlonal seats fr�m tirne to time by
executfig one or more suppteFrerdal Statement(s) of Licenses that w� referenCe and be subJect to the terrrs and
condi�o� of this Agreerrerrt,
2. TERM The term of this Agr�ernent shall comnence on the date executed by Corrpany and extend #or the period
of time listed as ler�gth of term atsove. NEy� reserves the right to change the fees associeted w tth th� Rgreement
et the conclusion of each Term
3. OVVIV�SF� AND CARYRIGHT. Company and its thtrd party prov(ders sha0 retain ow nership of aa rights in ami to
the Licenses. (�'ient may not copy, �cense, se�, resell, transfer, distribute or o#henroise exploit arry of �he foregoing
and wUI use its best efForts fa stop arry unauthor¢ed use thereof. The data provid� is frarr� proprieta�r sources and
may be util¢ed for Cller�Ys �temel p�rpos� oniy.
4• CflNF�JT1°+L.iTY. The perties agree that the terrns of th� Agreemer�t sha9 remaa� aonfidentiaal and sha9 not be
divulged ta any third party. I+bthing in this paregreph shaB be dee►ned ta r�strfct Cornpany's right to include C�er�t's
name in its promotlonai material (e.g., c6er�t 6sts},
5. LIfU6TATION OF L1AH�TfY. Ne3ther party she0 be Ifable to the other party for any (oss of prof� or other comrrercial
injury, or any speciai incident, puniti�e or consequer�tial damages under at�y cause of action ar�sing out of or
relating tn ihis agreement, even ff advtsed in advance of the possibUity of such damages.
6. AS:SIGMIAB�II". The (�ient may nat assign the Bcense(s) granted under thi� Agreerr�nt w ithout the prior w ritten
consent of NEyes.
7• REL.A110NSH8' OF TI-� PART�S. I�thing coritafied in this Agr�ment she0 be deerned to create or constitute a
partnership, joint venture, or relationship of princ'�pel and agerrt beiw een the parties.
8. 9VTffiE AGI�U�VT. This Agreertier�E, cons'stmg of Schedule of Licsnses and Fees artd Terns artd Cond�ons
sets forth ths errtQe agreenent betva een �e partles and supersedes any and aU prev'�ous oral or w r�ten agreemerrts
or understendings bet�a een the parti�es. This Agreement may not be ohanged, modified or discharg�i, m w hole or m
part, except by a w r�g signed by tmtF► parties.
ADDENDUM
Public Records: In. accordance with Sec. 119.0701, Florida Statutes, the Contractor
must keep and maintain this Agreement aud any other records associated therewith and that aze
associated with the performance of the work described in the Scope of Services. Upon request,
the Contractor must provide the public with access to such records in accordance with access and
cost requirements of Cha.pter 119, Florida Statutes. Further, the Contractor sha11 ensure that any
exempt or confidential records associated with this Agreement or associated with the
performance of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, the Contxactor sha11 retain the records described in this para.gra.ph
throughout the performan.ce of the work described in the Scope of Services, and at the conclusion
of said work, transfer to the Village, at no cost to the Village, all such records in the possession
of the Contractor and destroy any duplicates thereof. Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's information
technology systems.
EMPLOYMENT AGREEMENT BETWEEN
JAMES M. WEINAND
AND
THE VII.LAGE OF TEQUESTA, FLORIDA
This Employment Agreement is made and entered into this day of June, 2014, by
and hetween the Village of Tequesta, Florida, a municipal corporation, hereina.fter called the
"Village", and James M. Weinand, an individual, both of whom understand as follows:
WI�REAS, the Village desires to employ the services of James M. �Veinand as Chief of
the Fire-Rescue Department of the Village of Tequesta; and
WHEREAS, it is the desire of the Village Council, through the Village Manager, to
provide James M. Weina.nd with certain benefits and conditions of employment; and
WHEREAS, James M. Weina.nd desires to continue employment as Clrief of the Fire-
Rescue Department of the Village of Tequesta pursuant to the terms and conditions set forth in
this Employment Agreement (the "Agreement").
NOW, THEREFORE, in considera.tion of the mutual covena.nts herein conta.ined, the
parties hereto agree as follows:
SECTION 1. DUTIES
A. The Village hereby agrees to employ James M. Weinand as the Chief of the Fire-Rescue
Department for the Villa.ge of Tequesta in accordance with the Code of Ordinances of the
Village of Tequesta, Florida, Section 34-32.
B. Ja�es M. Weina.nd shall perform all the functions and duties of Fire Chief (including, but
not limited to the additional duties of Fire Marshall and Emergency Management
Director), and shall perform such other legally permissible and proper duties and
functions as the Village Manager shall from time to time assign, provided such duties and
functions are not inconsistent with or in conflict with the provisions of this Agreement or
the Village Charter or Code of Ordinances.
C. James M. Weinand shall, during all times that this Agreement is in effect, hold and
maintain current the proper and necessary state certifica.tions for Fire Chief and for Fire
Mazshall in accordance with Ch. 633, Florida Statutes.
SECTION 2. TERM
A. The term of this Agreement shall be for one year, commencing June 1, 2014. The parties
ma.y re-negotiate the conditions of this Agreement, including the term, prior to the
expiration of the one-year term.
B. Nothing in this Agreement shall be construed to prevent, limit or otherwise interfere with
the right of James M. Weinand to resign at any time from his position with the Village,
subject to the provisions set forth in Section 3 of this Agreement.
1
C. James M. Weinand agrees to remai.n in the exclusive employ of the Village and shall not
become employed by any other employer unless resignation or termination is effected as
hereinafter provided. The prohibition against outside employment sha11 not be construed
to include occasional teaching, writi.ng or consulting performed on James M. Weinand's
time off. However, in no event shall James M. Weinand's outside em.ployment interfere
with or otherwise hinder the performance of }us duties as Chief of the Fire-Rescue
Department or reflect poorly upon the name or repu�tation of the Village.
SECTION 3. TERNIINATION
A. In the event James M. Weinand is terminated by the Village Manager or resigns in
accordance with Section 2(B) before expira.tion of the aforesaid term of employment, the
Village agrees to pay James M. Weinand for all a.ccrued leaves in accordance with
Village of Tequesta Personnel Policies.
B. In the event, however, tha.t James M. Weinand is terminated for reasons relating to moral
turpitude, malfeasa.ace or dereliction of duty, then, in tha.t event, the Village shall have no
obligation to pay James M. Weinand for any accrued leaves. Payment for any accrued
leaves shall serve as liquida.ted damages and shall serve in the place and stead of, and as
the sole and exclusive remedy for, any claim James M. Weinand may ha.ve against the
Village, its officers or representa.tives, directly or indirectly relating to his termi.nation.
SECTION 4. SALARY AND WORK-WEEK
A. James M. Weinand's rate of compensarion shall be $58.0776 per hour for an annual
salary of $96,641.25, and shall be paid in equal installments at the same time other
employees of the Village are paid.
B. Annual salary in Section 4.A is based upon a 32-hour workweek. Both parties agree tha.t
there may be times when extra. hours are required to perform the duties outlined in
Section 1.B of this Agreement, and further agree tha.t subject to the Village Manager's
approval, any extra. hours worked in excess of 32 hours per week, will be taken off at a
later date and time.
C. The Village agrees to match, up to a maximum amount of five percent (5%) of the annual
salary provided for in Paragraph 4A, contributions made by James M. Weinand into his
ICMA Section 457 deferred compensation plan. Payments into said deferred
compensation plan shall be in accordance with Village of Tequesta Personnel Policies.
SECTION 5. LEAVE
James M. Weinand shall be entitled to all vacation, sick, holiday and personal leave
accruals in the same manner as provided to other full-time employees of the Village in
accordance with Village of Tequesta Personnel Policies.
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SECTION 6. AUTOMOBILE
A. James M. Weinand's duties require the exclusive use of a specializ� fire vehicle
equipped with two-way radios, emergency lighting, siren and personal protective
equipment. As such, the Village will provide a full size, properly equipped vehicle that is
to be used by James M. Weinand only, for commuting and for oa ca11 purposes. The
Village shall be responsible for the purchase (or lease) of said velucle, as well as for
liability, property damage, and comprehensive vehicle insurance, and for a.11 costs
associated with the opera.tion, maintenance, repair and/or replacement of said vehicle.
B. The vehicle ma.y aot be utilized for personal use outside the areas James M. Weinand is
obligated to respond in the event of a fire-rescue call or while on Village business.
SECTION 7. PROFESSIONAL DEVELOPMENT
The Village agrees to provide James M. Weinand the usual fiwding applica.ble for travel
and subsistence necessary for James M. Weinand's professional development tbat is also deemed
to be a benefit to the Village by the Village Manager, including but not limited to the
International Fire Chief s Annual Conference, the State Fire Marshal and Chiefl s conferences,
other na.tional, regional, state, and local governmental or civic groups aud committees in which
James M. Weinand represents the Village, and other short courses, institutes, and seminars. All
activities described in tbis section shall be approved in advance by the Village Mana.ger and
conducted pursuant to the applicable travel policies of the Village, if any. Absent any Village
tra.vel policy relative to same, such travel and subsistence shall be reasonable as determined by
the Villa.ge Manager.
SECTION 8. INSURANCE
A. James M. Weinand has his own comprehensive health, hospitalization, dental, vision
ins►�ran�, and agrees opt out of the Villages insura�ce plan and instead receive a$300.00
monthly insurance allowance.
B. Tlie Village shall pay the premium for term life insurance with a face value consistent
with other fu11-time depart�rnent head in the Village during the term of this agreement
SECTION 9. JOB RELATED EXPENSES
A. The Village recognizes tha.t certain expenses of a non-personal but job related na.ture aze
incurred by James M. Weinand, and agrees to reimburse or to pay said general expenses
in accordance with adopted policies and procedures of the Village that perta.in to
reimbursement for job related expenses by Village department heads.
B. The Village shall provide James M. Weinand with the necessary two-way radio
communications (fixed and portable), pager, computers (fixed and portable) and the
necessary soflware required for him to perform the duties and responsibilities set forth in
this Agreement.
C. The Village shall provide James M. Weinand a$100.00 per month stipend to pay for
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cellular telephone expenses. James M. Weinand sha11 not be entitled. to reimbursement
for an,y cellular telephone expenses in excess of the $100.00 stipend.
SECTION 10. OTHER TERMS AND CONDITIONS
A. Except as specifically provided herein, James M. Weina.nd shall be considered a full-time
employee, working a reduced work week and subject to all provisions of the Village
Charter and Code, as well as regulations and rules of the Village relating to the use of
leaves, holidays, and other fringe benefits and working conditions as they now exist or
hereafter ma.y be amended.
B. If any provision or any portion thereof contained in this Agreemeat is held to be
unconstitutional, invalid or unenforceable, the rema.inder of this agreement or portion
thereof shall be deemed severable and shall not be affected and shall remain in full force
and effect.
C. This Agreement constitutes the entire understanding between the parties regarding issues
relating to James M. Weinand's employment with the Village, and supersedes any prior
agreement or understa.nding, whether verbal or written, which ma.y have existed between•
the parties. This Agreement ma.y not be amended except in writing and with the express
approval of both parties.
D. In the eveat it should become necessary for either party to initiate adversarial proceedings
to enforce the terms of this Agreement, the prevailing parry shall be entitled to recover its
reasonable attorney's fees incurred in such efforts. Venue for any such proceeding sha]1
be in a court of competent jurisdiction in Pa1m Beach County.
E. James M. Weinand acknowledges tha.t he has been afforded the opporlunity and
encouraged to obtain the representa.tion of legal counsel in connection with the drafting
and execution of this Agreement. As such, no provision of this Agreement shall be
construed in favor of or against either party by virtue of draftsmanship.
IN WITNESS WHEREOF, the Village of Tequesta. has ca.used this Employment
Agreement to be signed and executed on its behalf by the Village Manager and duly attested by
its Village Clerk, and James M. Weina.nd has signed and executed this Employment Agreement,
both in duplicate, the da.y and year first above written.
VILLAGE OF TEQUESTA JAMES M. WEINAND
By: By:
Micha.el R. Couzzo, Jr. James M. Weina.nd
Village Mana.ger
Attest: Attest:
By: By:
Lori McWilliams, MMC Lori McWilliams, MMC
Village Clerk Village Clerk
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