HomeMy WebLinkAboutDocumentation_Regular_Tab 04_07/10/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
July 10, 2014
Consent Agenda: Yes Resolution #:
Originating Department: Manager
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1. Per Village Ordinar�ce v�r� are presenting thE following agreements, proposals, commitr��:�n�s and
memorandum of understanding to Council:
� . . .
Account #: Various Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
'' • ' •' .� � •- � • � .�- •.
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
a. InSource Solutions — 1 Year Software Support Maintenance Agreement for Water Plant $4,975.10
b. Martin Fence Co. Agreement for repairs to the Tequesta Park Tennis Courts $ 620.00
c. SimplexGrinnell Service Agreement for repairs to sprinkler systems $ 616.00
d. JMZ Tequesta Properties, Inc. and The Village of Tequesta Lease Extension Agreement N/A
• �
Department Head
Finance Director or Representative
Reviewed for Financial Sufficiency ❑ �
No Financial Im act �
P ❑
Attorney: (for legal sufficiency)
Village Manager: — ---__��
Submit for Council Discussion: �
Approve Item: �
Deny Item: �
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•- • •• - • � -• . • � . • •
Form Amended: 3/14/14
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SOLUTIONS "� y- �''���1
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Remit To: Stateme�t #54751.
InSource Software Solutions �� May 23, 2014
PO Box 72804 w��� ; ,�. , � � �� ' � _
Richmond, VA 23235-8020 - ,
Fax#804-378-8970 �►�"` .�.' k��_'��� d� `�',- ;�� �-��--�---
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VillageOfTequesta :' 1C�t� ; ; t.i;l�;�.. � =�� �
Attn: John Collings
901 North Old Dixie Highway
Tequesta, FL 33469
Thank you for allowing InSource to support you this last year. We know you rely on your maintenance agreement to protect your
investment and help you succeed. We consider it an honor and a privilege to serve you.
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� Support for any Wonderware products that are purchased after the generation of your Wonderware License
� Support renewal statement will be prorated and invoiced along with the new license purchase.
Existing Agreement # PO Number Agreement Expiration Date Customer #
40419 08/31/2014 1823-1
. .. ..
Standard Premium Elite
Investment to renew Customer first Support $4,975.10 $5,748.80 $6,522.50
__ . _
If tax is applicable please add:
(tax for: AL, AR, FL, MD, NC, SC, TN, GA, VA) Est. Tax $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00
Total $4,975.10 $5,748.80 $6,522.50
` Standard / Premium / Elite (Circle One)
CUSTOMER SIGNATURE DATE SEE PROGRAM SUMMARY FOR
SUPPORT LEVEL OFFERINGS
INSOURCE STANDARD TERMS Ht CONDITIONS APPLY
PAYMENT TERMS ARE NET 30 DAYS WITH APPROVED CREDIT
PLEASE SUBMIT A COPY OF THIS STATEMENT WITH YOUR PURCHASE ORDER
THANK YOU FOR THE CONTINUED OPPORTUNITYTO BE OF SERVICE
Software � IT Hardware � Services � Consulting ��"1 �' � May 23, 2014
InSource Solutions is an independent Wondervvare Software distribution partner. �s�r page i
MAY272014
% BY: .�'�'.
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Provided below is a list of your license(s). tf you would like to make any changes, sign above and return to our office so that we may
update our records and serve you best. Thank you.
Serial No Hardware Key Part No Description - - - - - - - - - Notes - - - - - - -
464473-10 12-11918 Upg, InTouch 2014 Runtime 60000
Tag with I/O
464474-10 12-11931 Upg, InTouch 2014 Runtime Read-
only
464475-10 12-11931 Upg, InTouch 2014 Runtime Read-
only
675051-1 12-9123 SCADAIarm 6.0 Upgrade
464472-11 12-12083 Upg, Dev Studio 2014 Unlim Unlim /
60000 / 500
1294550- 54-00044 ArchestrA Workflow 2012
0(part of Developer's Edition
464472)
Software � IT Hardware � Seroices � Consulting May 23, 2014
InSource Solutions is an independent Wonderware Software distribution partner. page 2
Wonderware Support Offerings Primary Standard Premium Elite
- � --
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. . . .,. . - . . ._ . 6 . �
Business Hours Technical Support (normal local business hours) ♦ ♦ ♦ ♦
Online Case Management and Knowledgebase ♦ ♦ ♦ ♦
Oniine Training Seminars ♦ ♦ ♦ ♦
En route response commitment for Onsite Corrective Assistance NBD NBD 2ahrs ahrs
Discount on Consulting Services � ♦
Level 2 DirecUAdvanced Technical Support • •
Emergency 24 Hour Technical Support (24/7/365) • ♦
Support Usage and Summary Reports � ♦
Number of Contract Management/Performance reviews per year 1 2
_. ,, .
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Software maintenance releases, service packs, patches, updates and hotfixes ♦ ♦ ♦ ♦
Software Version Upgrades and Revisions ♦ • •
Discount on Test and Offline Development System Licenses � ♦
Software Asset Manager • ♦
Software License Replacement 2 �icenses
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Included Wonderware Training (Classroom & Recorded Instructor-led) 1 Seat 2 5eats
Block of Consulting Services included 16hrs 24hrs
Complimentary Invitations to Invensys Customer Events 2 5
Dedicated Customer Portal • �
Technical Account Management Team ♦ ♦
Planning and Technical Advisement •
Cyber Security Readiness Workshop �
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Upgrade and Migration Planning • •
Customer FIRST for Solutions ♦ • �
Customer FIRST Cyber Security Maintenance Program ♦ • �
Customer FIRST Cyber Security Assessment ♦ � •
Resident EngineedConsultant • •
Application Clone (remote, hosted) �
3rd Party Software 5upport �
Software � IT Hardware � Services � Consulting May 23, 2014
InSource Solutions is an independent Wondervvare Software distribution partner. page 3
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InSource simplifies success in industrial settings by focusing on the people, process and technology in an organization. Whether
Wonderware solutions or consulting services, InSource is here to help you be successful. We execute the Wonderware support
programs and offer additional value as well. Our dedicated and knowledgeable support experts will serve you during the entire
product lifecycle in the most effective and efficient ways possible.
Maximizing utilization of your Wonderware assets is critical to your ability to meet customer demands and deliver profitability to
your company. The InSource operated Wonderware Customer FIRST Support and Services Program wili help you accomplish your
short and long range objectives at the lowest possible cost. Program enrollment gives you the support, services and resources you
need to help increase asset availability, utilization and performance.
The Wonderware Customer FIRST Support Program is a portfolio with distinct program levels: Elite, Premium, Standard and Primary.
These levels are designed to meet your varied and demanding requirements. Your program level selection can depend on project or
commissioning milestones, the complexity and criticality of your operations, the maturity of your systems and the expertise of your
project resources.
Elite Level: The InSource operated Wonderware customer FIRST Elite level mernbership is for those with the most critical business
requirements, ideal for large enterprise or global organizations. Fulfill your demanding needs for support and services with
everything the Wonderware Customer FIRST Support and Services program has to offer: 24/7 access to technical support, extensive
web-based support, software updates and upgrades, remote services and on-site corrective services. Your Technical Account
Manager can provide their in-depth Wonderware and industry expertise to facilitate attention to complex issues and relationships
on your behalf. Supplement your in-house resources with the optional services of a full time or part time Wonderware Resident
Engineer. Utilize the significant discounts available to you for consulting services to enhance your team's capabilities, or to increase
your engineering capacity in a flexible manner.
Premium level: This level is designed for customers that require a high level of support availability, including 24/7 emergency
support, and responsiveness augmented by additional services designed to empower your business. The Premium program level
combines a comprehensive support and services package that includes expert support from skilled InSource and Wonderware
resources and priority en route response commitment for on-site corrective assistance. Your business will keep pace with the latest
advancements in Wonderware products and solutions with access to the latest software version upgrades and maintenance
releases. Flexible payment options are available for purchase of labor-based services and training.
Standard Level: Keep your Wonderware applications and solutions working reliably and efficiently with this minimal approach. You
can still maximize your investment in Wonderware products with access to the latest software versions and maintenance releases.
Our expert technical support engineers are available to help you during normal business hours and hands-on corrective support is
availabte if needed. Fiexible payment options are available for purchase of labor based services and training. At all times, InSource
and Wonderware are here for you — to answer your questions and provide assistance for complex situations.
Primary Level: Designed for customers that have knowledgeable in-house resources who can efficiently handle any questions or
complex issues that might arise. This level program offers baseline phone support without free upgrades simply a supplement to
your own expansive technical support staff.
For a full description of the Wonderware Support Program please contact your Customer First Team at InSource Solutions at
Software � 1T Hardware � Services � Consulting May 23, 20i4
[nSource Solutions is an independent Wonderware Software distribution partner. page a
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 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 accorda.nce 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
authorized by law. Finally, the Contractor shall retain the records described in this paragraph
throughout the performance of the work described in the Scope of Services, and ax 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 duplicaxes thereo£ Records that are stored electronically must
be transfened to the Village in a format that is compatible with the Village's information
technology systems.
MARTIN PHONE: 561-848-2688 • FAX: 561-848-4466
FENCE CO . TOLL FREE: 1-877-7T1-3212
862 13TH STREET, LAKE PARK, FLORIDA 33403-2383
LiC. # U10591
� Date ..� :��%•�- f'..`�"�
SOLD TO: Idame �y�'l�v�la�l'�'� i��..�-�.�� SFiIP TO•���'� �� �A�.�;��
Address _ / "�Olr� �� ��'-�°'�1""..�"
City
Phone Business Total Footage
Con*at± -- - - - . Cell Pager
Fence ❑ Top Rail Leve1 [] Follow Contour ❑ Sarb Up � Knuckle Up
Top Rail
Line Pvsts
Cora Posts
Gate Posts
Gates � �.s�� �G'-�• � �.� �J��`� ,���° �-� �
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���� r ��� � ° „�`" �, �,� �� �.�-�.����%�r� .�.��.'�
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Tension 9Nire � :��" �.-� �''h-�"°� �'
Core Drills
Par�eiweave
Customer authorizes the
installation of the fence in
accordance with the sketch and
any atrached specifications and
agrees m assume all tiabil'ity and
responsibility for accurary of
sketches. '
b�
Total Price� �°�"�� �,� Approxo Delivery Date
Less Deposit Week of:
All fence lines must be cleared C. O. D a on Com letion
by customer or a fee will he p
tharged -$75 per hour/ This contratt subject to Terms and Conditions on reverse sida. Oral
minimum of I hour. representation's cannot be relf�d o�. No modiflcations to thts contract
wtll be honored unless in writing and signed by both parties.
��� ° 1 hereby the sadsfectory
Customer campletion of the above described work.
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Pe� Salesman ,�� � ' Customer
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UNFORESEEN CONDITfON3 '
The price guoted do� nqt contemp(ate the encournering of rock, swampy conditions, Imulders larper than the hotes to be dug or other
atypical �fl features. If fhese condfBons are encaurrtered and additional Iabor, equipmerrt or materiaYis nec�ary ior the setdng of the �
a charge for labor, aquipmerd and material wtll be agreed upon prior to r�umption of work.
F�VCE LIMES
In cansideratlon of the pdce herein quoted, the purchaser agrees that the fence lines wfll be clesr of all obstrucctifons and that the lines wlq
be properly marked by h(m by stakes or othervvise. If contractor Is requlred to remove any obstrudions in the fern� tlne or arry � sof(
excavated irom paat holes, a charge for extra lebor vin71 be made on the basis of $75 per hour - mintmum of i' hour. h� further urtderstood
that customer is respon's�le for any damage to imderground cables, sprinkler systems and ail public and private util�l� includtng under-
ground installatior�s su�h es el�tric conduits, cebles, tanks, water Iines sewer Iines, stc. If it b�omes neces�ry to work araurtd or remave
arry of the� obatructlone, the c�tomer agrees to pay exb'a expense of same on the baels of costs plus 15°/a Th� Customer agrees to assume
responsibilty ior any damage cau� by drU4� aad lagging into cement walks, seawallss or arry poured cor�crste structures or Du�dinga
I�IEASURDIAENT
Martln Fence Gb. does not assume responsibilit}r for lot tines or layout. It is purchasar's responsibllfty+ to mark all comers and lot Iines for
purpo&es of construction of;he fence. fdlartin Fence Co. will make a charge for moving of any tence that is later found not to be on the lot
lina if customer has stalcedYhe lot lines improperly or has not fumished a coRect and accurate sunrey with all lot lines delineated and
comers mariced.
DELAYS
My delays wh[ch are cau� by the customsr wtll be subJect to an adcflttonal charge by MARTIN FENCE CO. If any additional trips ere
required because of chartges or deiays by the customer, the additional charge will be agreed upon prior to Ure resumptlon of work If delay
is caused by any theft of matedals or damage to work In progress, the customer agrees to be responsible for ell costs of repair and
replacemerrt and arry delay damages.
CiENEFEAL CONDITiON$
Ail agreemen� are contlnger�t upon sVikes, lock-out, riots, firas, accldents, acts of God, floods, war insurre�tlon, embargo restrlctions,
carrier delay of failure to receive ravV mate�fal deliverles or by othar causes whetheror Iike or of a drffererrt nature beyond our cornrol. AI.I
prlces quotad hereln are subJect to change w+ithout noUce prior to the execution of thfs agreemerrt. Unless otherwise specified, materials
purchased hereon ara not warranted to c�mply with ASTM F761 Startdard Specf�catlon for strength repuired o4 steei posts and rails for
chain link fence. .
C�ICELLATIONS
No cancellaUons wfll be aa�pted uNess in wrritlng within 72 hours after signing the contract. ff purohaser decldes to canoel this coritract
avithin 72 hours purchaset must notiiy MARTIN FENCE CO. By registered mail or telegram. No c�epasit will be refunded aiter a 72 hour
period. It order ts cancelled after 72•:hours, purohaser agrees to pay the costs of materiais, permitting fees, and expenses incurred in
prepara6on oi work:
fTEMS FOR CASH SALES �
The customer agrees to pay 1/3 deposit upon execution of thts agreemer� 1/3 of the principal balance when the posts are s� Customer
agreas to pay the balance upon compledon of tha job. Customer may deposit 50°k upon execuUon and balance on campletion If desUed.
Thls cor�tract fs binding on heirs, exeautors, assigns and succe�ors in irrterest, untll paid for in full. The T(tle to and ownar5hip and right of
passession of the materlal covered by thls contrect shall remain to the seller, MART(N FEIVCE CO. un61 fulfy pald for. In case the purchaser
shall became insoiverrt or refuse or neglect to pay for work herein provided, the sellsr may, at its optlon, without pr�ess o,f law, retake
possessicsn of arry or aU meterials wherever tlte �me may be found. The purchaser further agrees to pay a reasonable a3tomey's tee
tncurred in any collection process including any appellate procsedings. Purchaser. agrees that the venue for erry and all legal proceedings
shall be Palm Beach Courrty, Florida regardless of where actuet work was performed. After 30 days, a 1-1/2% intensst charga per morKh on
arry unpatd sume will be charged. Customer agrees to pay $50 or 5% of face value, whichever is greater, on any retumed ch�k.
SKETCHES
The approved sketch as noted on the other slde (s for plac�m2rrt of fence. Customer agrees to assume all liabiflty for enc�oaohments
and accuracy of tot Ifnes and comers.
GROUND PLAN OF JOB
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Follows contour of ground. Fence top will be curved. . TOP RAIL STRAIGHT — Leaves spaces beneath fence if ground
is not srraight.
Barb Up . Knuckle Up
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 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 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 Contractor shall retain the 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 Village, all such records in the possession
of the Contractor and destroy a.ny duplicates thereo£ Records that are stored electronically must
be transferred to the Village in a format that is compatible with the Village's information
technology systems.
�'i�np/e.ar��nrn�//
�� ����: �.� ��,,,�,�
Jupiter, FL 33458
Tel: 561-2TJ-4140
Fax: 561-7477307
License n�ber:
wwwsimDlex�rinnell.com
PROPOSAL �IVD SERVICE AGREEMENT
SimplexGrinnell Coritract# Sala�er�n: Jassic� MoMoqa Dete: June 18, 2014
262-JM-52114-6
Lit� No.
Custamer. T�u�te Vli lage Hall Job Location: 345 T�u� Drive
Tequ�, fL 33469
Inwic� To (rfd�f from Customer): ��m� p.0. #
S6npl�cGrmneO LP (°Comp��, for and 'm corisideration of the pri� h� nem�, prop� to fum�h the work end/or meterials hereuiafter d�b�, subjec� to the te�ms and conditions of
tf� Agreem�t
This quote refl�ts defiaencia� identifi� by our inspector, S. Myrter, during the re�r� inspedion SR#28734426.
Sco�: At the time of the inspection, inspedor found there is (1) corroded chrome pendant in the janitors closet and (2) corrod� c�hrome pendant hea� outside above
entrance overhang . This quote is for the sprinkler labor and material to replace the missing caps and paint� sprinkler head. If any additional work is needed it will be quoted
separately.
Note: In the eveM that any additional �uipment or other work is ne�ed to perform any of the repairs list� a�ve, this additionai auork will be quot� separately.
Excluslons: This Proposal exclud� patching, paintir�g, provid'mg or installing a� panels, replacement of missing or damaged c�iling til�, damage cxus� by water or
improperly pitch� Fre Sprinkler piping, night or weekend vuork, additional alarm work or alarm wiring (unless s�cifically addr�s� in this quotation),120 volt wiring or Fre
Watch. This Proposal also exdudas repair or replacsment af any e�asting Fre Sprinkler components in need of repair or leaking including fittings, valv� or piping not already
included in this quotation. If such components aee found in n� of repair or replacemerrt SG will n� written author¢ation to make such repair.
This proposal does not include Prevailing Wages in sup�rt of federal DBA wage determination.
(This Quote is valid for 30 days.)
Please sign and retum fo us and uve will process your order. Tax Not Included.
Sco of Work continu� on atlached Amendment
Peymerit NET 10 NET 30 C.O.D. ❑ DEPOSIT: $
Tune and Meteriel ❑ Price Notto Exc� $ F'oced Price of $616 BAL/i�JCE DUE:
CUSTOMER ACCEPTANCE
In ac�eptlng this Agr�ment, Customer agr�.s to the terms and cnnditions cordamed herem mduding ih� on 9�e tollow�mg pag�s) of this Agr�ment end erry a�dimems or ridars
aitached h�o thet �r�in additional te�ms end condih'ons. R is understood thet th�e tertns end cond'ih'or�s shall prevail ov� erryr vffiiation in tem� mid condffions an erry purchase order or
other daaim�t the4 the Customer mey issue. Any c�ang� m ihe system requ�ted by the Custamer after the execution of this Agr�m�t shell I� paid for by the Custamer end suc�
c�anges shell be authar¢� in writing. ATTENTION IS DIRECTED TO THE LWIRATION OF LIABILRY, WARRAN7Y, INDEMPIITY AND OTHER CONDITIONS CONTAINED IN THIS
AOREEN�NT. Thls offer shall be eotd H not accept� in �rfting rdlthin thirty (�) days from the date flrst set forth ebove.
SIMPLD(GRINNELL LP
Customer
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B � '$"` �' - `�' ' _ BY
Name: �.� � t �._ k:�1�.� �c ° � Y �� f �'- ,� ��, ., Name: Jessica Montoya
TiUe: i W' � & � ����. �. ���� ��.� ��� � �,� TiUe: Senrice Integrity Rep
� fi�� License No: (if applic�ble):
�q
SG4269 (Rev.10/U8) Page 1 �2006-8 StrnplexGdnnell LP. Au rlghls r�enied.
TERMS AND CONDITIONS
1. Paymerrt. Work performed a� a tune and m�iel 6as� exdus(ve. If Cusbomer d�ir� Company bo a�ume SYSTEMS, EQUIPNIENT, COMPONENTS OR PARTS THAT
shell be at the 8��-prevaifmg Comp�y �ate for ma6srial, lebor, gr�ter OabOlty, the pa�tl� shaU amend th� AgreemeM by ARE BELOW GRADE, BEHIND WALLS OR OTHER
and releted i�r�, in effect at the Ume supp�l und� lh� atlachh�g a rtder se@ing fortli ffie amoimt of edtatlonal O�TRUCTIONS OR EXTERIOR TO THE BU�DING,
Agr�ment Furth�, In the ev�t Uwt tlits Agr�nent � IIablQty and Ure additional amowrt payable by ffie ELECTRICAL IMRING, AND P�OVG.
executed an a°pric� not m exceed" b�is, the pdoe to Cuetomer tor tlre ass�unptlon by Comp�any of such gr�r 8. Customer R�po�reib�itl�. Customer she� P�Y ��Y
Cu�an� sha0 t� I� ofi 1) the Qrmt prioe quoted, ar 2) ihe OablQiy, provided ho�ever tl�at sud� rider sha0 in rto ray Cm�eny of eny melfun�i� m the Covered Sy�rn(s) nuhich
ac�al aurwlat�e bil�ng be�i on ths efor�neMion� be 6iterprs� to hold Company � an h�s�r. IN NO wrn�s to Cus6omers ette�on. Th� Agre�n�t assiun� eny
preva�'mg rete. Unl� othen�ree agreed'm �artitlng �n 6re EVENT SHALL COMPANY BE LIABLE FOR ANY DAA9AGE, �d�in9 sy�azn(s) �e m apera6onal erM m�able
Per�aa, C�omer shall PeY �P�Y ���Y C�) � af LOSS, INJURY� OR ANY OTHER CLAIIN ARISa10 FROM �n�bon es of fhe Agreemmit date. If, upon m�al �on,
the date of th� Agreertrent Customer � to �y ell t�ces, ANY SERVICWQ ALTERATIQNS, MOD�ICATIONS, Car�nY determ� 6�ei r�aus ere recanmended, r�atr
permits, and oth� d�argas, indudmg but rrot 6rr�Poed tn stete CHANGES, OR MOVENN�NNTS OF THE COVERED charg� u�i0 6e submimed tor epproval by Custmners an-slbs
and local �les end �case taxes, however d�tgnebed, levied SYSTEM(S) OR ANY OF RS COINPONENT PARTS BY THE r�r�6ve pria' to m+odc. Should �ch r�a'v �crk be
or b�d an the �vice c�rg� pu�su�t to this Ag�ne� CUSTOd�R OR ANl( THIRD PARTY. CO�ANY SHALL decl6►�I, Com�nY sha0 be rellsv� fi�n eny end eA Oab�ity
Cmnpany she0 heve the dght, at Cumpe�/s �le disvedon, to NOT BE UABLE FOR INDIRECT, WCmENTAL OR ari�ng tltere6om.
�P P���9 any Servi� if Cust�n� fa8s to make any CONSEQUENTIAL DAMA�ES OF ANY ICBm� WCLUDQ�10 Custornerfuriheregreesto:
paym�t mhen due, undl the aa�mt b curtent The BUT NOT LmNTED TO DAMAf3ES ARISING FROM Tt� • Proulde Comp�y dem� e�s to Covered Sys6�n(s) to be
Custom�'s fa�ue to make �yment wh� due b a mahsrial USE, LOSS OF THE USE, PERFORMANCE, OR FAdURE �vicad induding, if app�cable, Gft truc�s or otlier
br�d� of th� �mem. OF TF¢ COVERED SYSTEM(S) TO PEtt�RdL The �uipm�t ne.ed� to readi ma�le �tdpmer�k
2. Prlcing. The pric�g �t forth in tl�is Agr�ment is ba�d on 16nttatlo� of IIa60ity �t forfh in thls Agreament shall .�PaY sui�ble ele�trirdl �rvice, h�t, h�t ha�g
the number of deuicre.s to be 6u�il�l end �vicres to 6e inure to the beneftt oi all parsMs� subsMtart� and ad�N� ��PP�Y� end requued sys6�n ��nalics
pertortn� es set forth m the Sc�pe af Work If the achiel att�et� oT Com�ny� erheffier dtr�t or Indlreck endlord�amrfig�
n�nber of deulc� �II� ar serdices to be p�famed is Com�nq'e �nploy�. aBeMs, oftice�s and dtr�cbors. . NoHfy all r�uir�i persons, mdudirtg but not B�ed Uo
gr�r than tl�at set fortl� m the Sccpe of Work tl�e price imID 8. R�iprocal Watver of Ciahns (SAFErY Acy. Certain of �horiUes havfig Jurisdi�lon, emPlaye�, end monitormg
be in� a�rdmglY• �P�Y �f' in�sease prices upcm SimplezGrfine�s systems end senric� f�ave r� servic�, of scheduled �ting and(or repair of system�
no6ce to fhe Cusmma or enmialty to refled in� in Certi6cadon andlor De�gnehcn es Qua6fi�1 A�-T�rartsm . Prauide a�fe mrark emmonme�
maD�al �d labor o�t.s. Cust�n� agre�a to pay a0 �, T�hnclogiea (°(�AATT°) imder the Support Md-terrori�n bY . In fhe e�t of an amergency or Covered System(s) femue,
p�nits, and oUier d�g�, indudmg but not �rr�eal to f�ie�al, F�erfig Eifective T�hnologies Act of 2002, 6 U.S.C. §§ 441- ���� P � o � {� p � �� ��
stete and locel �I� end �a� t�o�, m�on ar e�rm 444 (the °SAFEIY AcP). As iequtred under 6 C.F.R 25.5 (e)� mjiuy, deeth, and/or P�R�Y �9e mid c�r�lnue �ch
Pemtils, false alarm �rttenffi, or eny dwrges impased by to tlre m�mnum extent perm(tt� by lemi, ShnplexGrmneO end measures wh1 the Cavs�ed 5ystem(s) are op�atlonel, end
enY 9ovemment body� hawever d�igr�ated, leuied or be� on Cuatmner hereby agr� to �ive th�r right to make any detms
the �rvice d�erg� pvrsuent to tlus Agr�ment agein� the other for erry lo�s, indu�ng busm�s 6rtertupUmi '�Pty � all laws, c�, and regulatior� p�ining to
3. Alarm Monitoring Sendees. A�ry refe�encre to alarm lo�a, sustain�l by either pady or theU r�ve employ�,
the �ulpmerit andlor �vic�s provided imder Qds
mon(Uoimg �nri� in this �qreement � indud�l for pric�g resu�mg fran � a�vity re.gultlng imm an °Act of Terror�n° es 9. � Seroi� (if Sele�ed by Customer� Where
Po� anly. Alarm monitoring seroices are perf�m� defin�l in 6 C.F.R 25.2, �rh� OA17 have been deploy� m Custorner �r�sly indudes r�ir, replecement, �d
pwsuant to the terms end �dffions of Company's atsnderd defen� eg�net, rasPon� to, or recou�y frarn such Ad of � �� smait� in the Scape of 1Alork, �di
alerm monitoring �vices egr�n�t Tertori�n. �rvices aPPly only to the c:omponents or equipm�t of tfie
4. Cade CompOance. Company do� nat undertake en 7. f3enaal Provisbna. Custaner hes �le�ed the �rvice � Sy�n�9)• Cus�mer egr� m Promptly r�u�t
obOgation to maped for compQance uul6i lawa or r�uletlons level d�ir� efter considermg end 6alan�g vadais leuels of repeir servic� fi the event lhe System l�com� mo�rable or
unlesa sp�ScaAy s�l 'm tl�e S� af Work Customer pro�ction aHorded and th�r relat� c�ts. Custmner
admaal�lg� that the Aufhorily Having JurisdicHon (e.g. Flre admarotedges and egre� the! by 9�is Agr�ment, Cart�y� athertai� reqidres re�ir. The Agr�nent price do� not
Marshan may �labUsh addidonal r�quuemmits far camp0ence unl� speaBcelly s�ted, does not undertake miy abligation to
mdude rep�s to the Covered Sy�n(s) recortnr�ded by
vufth locel c�. My eddi6onel s�vices ar p�ripment memtaln or render Cus6omers system ar eqidpm�t as Year �O�Y during 8�e mitial inspectian� for whidi CamP�Y �Y
requQed wID be provid� et en adr�tlonal aost to Custam�. 2000 �npliant, whid� she0 mean� ca�ble of cortec�ly submit md�end�t pridng tn arstamer end as to whi�
5. Llmffatlon of LlabOity: Lim(tatlors of Remat . k is hend6ng the proc�smg af calend� dat� �fore or efter Canpeny wUl not p� unh� Custam� autl►oriz� sud� work
umlerstoad a�M agree�l by tfie Customer that Compnq is December 31,1999. All worlc m be �rfortne.� by Compeiry ari0 �d apprav� Ute pricmg. Repair ar replecemerd of non-
m�tainable �rts of the Cou�ed Sysbem(s) mdu�ir�g, but not
not an fnaurar and tl�at i�reurance covera9e, ff anY� eF�all be be perFortned duririg normel worMng hwrs af rtormel worldng firtuted to. unft caein�s, ir�sulatmg material, el�trical mifrfig,
obfaln� by the Customer and thet amo�eHs payable to days (8:00 a.m. — 5:00 pm., Mandey thraugh Friday, exduding
company hereurtder are 6�d upon the velue of the Company holidays� as deflned by Company, unl�s addidonel ��� �pp°�' �d e0 oUier non-mrnring parts, is not
senric� anal the scope of I�blQty set forth In thls ffin� �e sp�8ca0y da�aibed in this Agreement All work �p �dy�m Eq�dPm�t The purch�e of equipment or
dgreement aiM are unrelet�i to tl�e value of the p�formed �edul�i unless otlie� sped8� in this
Customer's properly and tl�e properqr oi others locatad on Agremnent Appomtrrter� sch�luled for four-hour windam. �eral devic�, Mdudh►g but not �rnit� b�noke
tl�e prem�. Custcmer agr� to look exduahrely to the Additianel c�erg� mey epply for specaal sd�edufmg requests� de�d°rs p�ve mfrar�d detec6ors� cerd reade►s� sprmkler
Customer's trreurer to Rcover tor Injuri� or demage In the e.g. work�ng aramd equipment shutdowr�, etter hours w�k. � wmp��ffi, �dinguishers �d h�) fram ComP�y
event of eny loss or injury artd that Customer rale� and Compeny wrID perForm the services d�'bed in the Soo� of �a0 be subjed to the i�►rts arM crond'ih'mis of this �reement
waiv� a0 right of recovery a�inst Com�r arising by W�k �on (°Servic�' for ane or more system(s) or � in Companye sole lud9menk er�J' P�Pheral device or alher
mray of subrogatlon. Compang mak� no guaraMy or eq�upment � d� in the Sc�pe of Wark section ar fhe �m �uipmenk whic� b etta�ed to the Cou�
WarraMY� I�ludl� a�ry Implt�l rartanty of �ted eflachmeMs (°Covered Syaffi�n(s�. SYstem�s), wh�her provided by Company or e third periy,
merahm�btllty or flfi�a for a particular purp�e that The Customer shell P�►�PbY ��ll ��y af eny �^terf�es with the Pro�r cPe�'atian of the Coaered S�tem(s)�
�ufpmeM or sanrlces supp0ed by Com�ny �ill det�S or malfunc�lon in the Cover�i System(s) uuhich com�s to ��� ��0� or replace such device or equipment
evert octurrenc� or the co�equenc� therefrom tl►at the Customers e�ention. This Agr�mer� a�sum� tlie Caaered p � y � nodce fi�an Company. Fa�ure of Customer to
equlpmerrt or service aiae d�ign� to d�k or evert. System(s) are m operatlonel �d m�nlainable wndiUon � af r�nove or rep�ce tl�e devios ehell wnstifirte a rtre�erial breadi
k le 6npracUpl and e�dremely dfffltw� to flx the actual the Agreement dahe. If, upon m�lal mepedi�. Cam�ny af fhis Agresmeaif. If Cu�amEr adds eny thh'd party deulce or
dama9�. H anY� rehich may prmdma6�ly r�ult from feilure detemim� thet repaQS are recommended, re�tr cher9� wiA ���t to the Coue� Sys�n(s), Company shall not be
on the part of Com�ny to peAorm a�ry of Ne obOgatlorre be aubmilt�i for appmval prfor to ariy a+ork Should suc� repa'v �sible for eny d�r�age to or fe�7iue of the Covered
urMer thie Agreem�t Accordtr�gly, Customer agr� that, uwrk be ded'ined Campany shell be reGeved irom eny a� all ���s) caus�l fi whole or in �rt by such deaice or
Com�nyr etm0 be m«empk from I�bility for a�ry loes, lieb�y azisfig fherefrcm. UNLESS OTHERVMSE SPECIF�D
ent
dmnage or inJury ar�irtg tllreetly ar tridir�ctly from IN THIS AGREEMOVT, ANY INSPECTION (AND, IF
occurrences, or ffie co�uences therefrom, �hldi �e SPECIFIED, TESTING) PROVIDED UNDER THIS
equipmeM or service eras design� to detect or avert. AGREEIN�NT DOES NOT INCLUDE AWY MAINI'ENANCE, .
Should Company 6e tound Ilable for a�ry I�, danmge 4r REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR
Injurg arising iram a faUur� of the equipment.or servl�re in ANY FIELD ADJUSTIV�NTS WHAT50EVER, NOR DOES IT
a�ry► r�pe�t, Com�ny's OabilHy ehell be limited to an INCLUDE THE CORRECTION OF ANY DffICIENCIES
amoimt �ual to the Agr�ment prla (es 6�craased by the IDENI'IFlED BY COMPANY TO CUSTOMER COMPANY
price for emr additlo�l ¢rork) or �here the time and SHALL NOT BE RESPONSBLE FOR EQUIPMENT FAILURE
material paymeM term � selecfed, Cuetomer's time and OCCURRMG WHILE COIU�ANY IS IN THE PROCESS OF
material �ymerts to Com�ny. Where this Agrseme� FOLLOWING ITS INSPECTION TECHNIQUES, VUHERE THE
covers mutdple e(t�, IIab11Hy ehall be 16n(ted to the FAILURE ALSO RESULTS FROM THE AGE OR
emoimt of the payme� aDocable to the stte where the OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL
incidem ocarr�d. Such sum shall be campl�e and WEAR AND TEAR THIS AGREEMDVT DOES NOT COVER
SG4Z69 (Rev.10108) Page 2 c�2�6-8 S6nplexGrinne0 LP. AO righis r�rved.
TERMS AND CONDITIONS
11. Re�rts. Where u�sperdion �dlor test �rvices are �ffi, mdud'mg ex�t fees end cos�, and � induding h� employment with Cmn�y. for a period of 6ao y�rs efter
�lect�. sudi �on endlor ta� she0 be complet� an r�saieble def�se c�fs, a�sin9 frwn �y and eU tl�frd peAy 6�e termfieflon of 6ils Agr�nent.
Com�n�s th� wrr�t Report form� wh(di ehell be gtv� to deims far p�onal injury� d�, P�P�Y �89e � economic �. Defeult An Ewent of Default shell be 1) f�lure of the
Custan�� end, where applicable, Car�n9 may �brtBt a�py I�s, indu�g speafica0y any damag�a r�u�ing irom the Custwn� to pey any amamt �ithm 6� (10) deys aRer t�e
thereof � the I�I authorily hevmg jurfsd�tion. The Reprnt and ex�sure of w�lc�s to H�ardous ConrBtior�s wih�her or nat arttwmt fa due end Peyable, 2) abuse of the System or the
recommendetia�s by Com�ny are anly edu�ory+ in neh�re �d Customer pre-notifi� Com�ny of the e�tence of �id Equipm�t, 3) �issoluution. termmaHon, �ontlnum�ca,
ere mtend� to es�t Cu�omer m redu�g Bre risk of I� to he�rdous c�nditions� erie6ig in �y m�ay fram eny sct or m�cy ar b�n� f�7ure of Cuatamer. Upon tlre
P��Y bY m�icatmg abvious defe�s ar urt�trm� noted tn am�ion of Cust�ner or ComP�Y �9 in eny wrey to this �rrence of � Event of Def�►�, Coml�Y �Y P�►e one
the system ertd �utpment � andlor t�. They are Agreement, indud'mg 6ut not fur�ed to tlre Seroic� unda this or more of tlre fallowfig r�'i�, 7) discordfiue Aun�h6ig
nat ir�ded to imply 9�at no ofher det�b or ha�rds � or Agr�menk wrheffier �ch d�ns ere t� upon contract, Servic�, 2) by wrilten notioe to Custom� der.�e the 6alance
tlwt ell � of the Covered S�n(s), equipment and wartanty, tod (6tdudmg but not �nited to ac6ve or pe�ive af �mpaid emoimts due and to b�me due wd� fhe 6�is
compo� ere operatl�al at fhe turre of inspecfion. Finel negAgenw)� atrid Geb�Tity ar othe�wise. Company r�rv� the Agr�nent to be hnmedis�ly due and payeble, P►ovided thet
r�pon�bmLY for the c�ndi6on �d op�aUon of the Cowsred right to �lect au�ide cam�l to repr�nt d fi any su� an �st due �noimis she�ll b� inter�t et the ra6e of 1 h°/a per
SYstem(s), �uipment and compon� 6es � C�ner. adlmi. moMh (18°!0 loer f'e�I or lhe htgh�at emount � by la�m,
12 Co� S�ce. If ec� to cor�ned s�ce bY Comp�y 16. I�urartce. Cusffiner sheU neme C�y, ita of8c�s, 3) reoeive umn�te �on of any equipmeM for uuhich
is req�l for the perFrnmanoe af Seroi�, Se�vi� sha� be emPloy�, a8�ts, sub�h�actars, �PPU�s, and GusUomer has not paid. 4) pr�eed et lew or �udy to eM�Ce
ach�ul� �d perfctmed in acmrd�ce witli Com�ny's th�- r�t�dv� es addifi�al msureds on Cust�ner's general p�fmman� by Cuatomer ar recover d�nages for brat� of
currerd hourly rete. GabiQty end �to Gab�ty po�d�s. fhb �eertrent, mid 5) r�ver e0 crosts and ex��,
13. H�ardous MaEsrials. Cuetaner r�r�ts thet, except to 17. AvaOabmty �d Cat of Sfieel� PlesUcs 8 Other (nduding wifhout I'uni�tiOn reasonsble attomeys' fees, in
the ext�t thet Company has been giv� urr�en nodce of the Commodftles. Cort�pany ahell not be r�ponsble for feilure to cnnrrec#i� with enforc�g ar ettemp8ng to �force th�
follow(ng ha�rds prior to the ex�tion of thb Agr�m�t, ta provide seivica�, de6v� pmduds, or athen� p�form work Agre�ner�t
the b� of Custamers Imowledge ffiere b no: r�uQed by ffiis Agreement due to lack of ava�eble steel 23. One-Yar Lim(tatlon on AcUone; Cholce of Laer. It �
•°Pemdt con6ned epa�; es defm� by �HA, Praduds ar pioducts made frcrn p�ths or other comm�'�tes. agr� tl�et no s�dt, or c� of action or other pr�g she0
• Ri�c of mf�tleus d�, n In the ev�t Campeny is unable, after r�nable f� bnwght egafnsf either pady more than orte (1) y�r efter the
. Need for a'v monitoring� �esP�atary Pro�c4on, ar oth� ��� eftarffi, to acqutre and provide �I pr�ucts, ar easual of 8�e c�� af a�on or one (1) y�r efter 9�e da�n
m�i�al risk Produc�e mede fitim plas�s or other commocD6�, if r� eri�, uvhichever is short�� wh�� Imaam ar imlmoam wh�
• Asbest�, �r�ht6tg material, formaldehyde or to perfam work requ� by th� Agreement, Cusbomer hsreby B�e d�m aris� or wfi�her based an tort, contract, ar any other
other pot�tledy to�dc or oth� he�rdous me�risl 8 9� th� �P�Y �Y terminate fhe Agree�n�t, or 1he I�al theory. The laws of Masaec�u�tls shell govem the
coMam� in or on B�e surface of the floors, we�s, ce�7'mgs, relevant portion of fhe Agre�mer�, et no add'ih'onel c�t end valid'ity� enforc�ab�ily� end 'm�pretstlon of this Agr�m�t
insulation or athe shuchual comEmnents aF tl�e aiea of arry wiBiout penalty. (�sbomer agrees to PeY C��Y in fuU for e� 24. Aseignment Cuamrtrer mey not �ign this Agr�neM
bw7ding uuhere work is r�u'ved to be �rform� wder ffiis mrork perfarm� up to the time of any sudi t�mination. (u) If �mitliaut Campeny's pdor wrilten consent ComP�Y �Y �8�
Agr�merrt. �P�Y � a61e to obtam 6�e ebeel producb or produds mede tl� Agr�m�t to � eifil'rete arithout ab�mmg Cusromera
All of the above �e hereinefter ieferr� to es °Hazardous from pl�6cs ar ather c�►nmodi8�s, but the pdce af eny af the c�n�t
�dryj�°. Pradud8 he9 ri�n by more th81110% fran tlte de� Of 81e b�, 25. E1ltira Agr�r1te11t The perU� hltend thi6 Agreem�lt,
Compeny shall have the right to rely on the rep�tetior�s P�P� or dete Compeny exeated this Agr�rneM, tagether wIth eny attec�mer� or Riders (c:oq�vely the
listed ebove. If hazardous cor�ons are �countered by whid�ever �rred fust, then ComP�Y �Y P� through thet °Agreement) to be the fmal, complete and exdusive expra9sion
Com�ny during the course of Companys a�ork, the d�avery incr�se thraugh a r�soneble pdce mcaeese to refled of theU Agre.ement end the terms end concDdmis th�f. This
of �ch matedals sha0 constihde an event treyaid Cmr�ny�s ma�ed cost of materiels. AgreemeM supe�d� all prior rapr�6ons,
cor�tml and Compeny she0 heve no obHgetlon to furih� 18. Excluslo�re. This AgreemeM ezp�ly exdud�, without imderslandfngs ar agr�mmits be6ar�n the p�titi�, wmtten or
perform m the aree where tlre h�ardous wn�ons �ast un47 Ihnilation, t�lmg msp�tion and re� of dud de�tors, be�n aal, and shell omistllute the sole tertns arM c�nditions of �le
the ar� has b�n made �fe by Custam� � certlfi� in d�ars, and W/IR equipmenk P��on of fQe watd��; for e0 �ui�nmd �d �vices. No �eiver, chen9e, or
wrriting by an fid�endent t�stm9 agan�Y� and Cusbortrer shell deermg of ice blockage; d►ainin9 ��P�P�Y P�� P�P mod'i6cetian of eny terms or cronddlcns of tlris Agr�meirt shetl
pey d�srupti� ex�n�s and re-mobi�tlon expen� ag be@eries� rech�ging af d�emic�l su�ressian systems; � bindirtg on Campany iml�s mede N wrfting and signad by
detertnin�l bY ComPenY• reladi� of, upgra�ng, end mair�ainhig computer soPoNare; en Authorized Repr�nfative of Compeny.
This AgreemeM does not provide for the c�st of caphue, ��9 �P� or r�lacemeriis n� by r�n of Z6. SeverabilUy. If eny prou�sian of this Agre�n�d is held by
comammerd or disposel of arry hez�dous nu�te meterials, or neglig�ce ar misuse of wmpone►� ar �uipment or c�eng�s any c�urt or otl�er compet�t authority to I� void ar
h�ardous materiels, enc�mte� m eny of the Cou� to Custmners pr�r�� vandafism, carr�ion ('mdud'mg but wen(or�eable in whole or in part this Agr�m�t w�l c�tmue
System(s) and/or during perfarmence of B�e Servi�. S�d not Iimiteal to micao-bac�eria0y induc� corr�lon (°MIC7), to I� va�d ea to the ath� provisiona end the re�namder of the
mete�is �all et ell tun� r�nein the r�pans�n�ily �d P��' �e currmit 6u�an� fa8ure due to rron-Company eff�ed prouision.
properiy of C�tamer. Com�ny she� not be ragpona�le far �etalletion, lighfnmg, elechical stortn, ar alher �vere uu�er, 27. I.pel F�. Compmiy shall be endtled to recover from the
the t�ing, removel or dispo�l aF aud� he�dous meteriels. water� ecddant, fQe, acts af C�od or any ofher cau� e�dernel to (�stamer all r�sonable legel fees ficurred 'm conn�ion wmh
14. Llmited WarraMy. COMPANY WARRANTS THAT RS the Covered System(s� This Agreement d� not cower �d Com�ny enforcing the t�ms end condfions of tl��
WORIWIAWSHIP AND MATBZIAI. FUR(�ISHED UImER �ca0y �ccludes system upgrad� end the replecement af Agr�merrt.
THIS AGRE�IAQdT WILL BE FREE FROM DffECTS FOR A o�lete systems, equipmerrt, components or perts. All �d� �. Lh�r�se IMornmtion (Searily System Custamers): AL
PERIOD OF NINEI1f (90) DAYS FROM THE DATE OF �� �Y � P�� by Comp�y et Camp�ys �le Ala6ama El�tranic S�rt7y B�rd of Lic�sure 7956 Vaughn
FURNISHING. Where CompanY Provid� prodnct or dis�aeUon at � edditicnel d�erge. If Emergency Services ere Rad Pmb 392, Mont9wr�Y� Alahama 36916 (334) 264-9388:
equipment of othere� Company reln �rarrant the pradud or �Pr�ly mdud�i m the � of wark �ai, the Agreem�t AR Rpulahed by. Arlcen� Board of Private Inves6gators And
equipme�rt only to the ezteirt mrarranted by auch third Price do� not indude trevel ex�r�. Privete S�uiihr Agena�, #1 Sta� PoGce Pleze Ddve, Lilde
perty. D(CEPT AS DCPRESSLY SET FORTH I�REW, 19. Force Majeure. Compeny shell not be responsible for Rodc 72209 (501�18�600: CA Alarm companY operators are
COMPANY DISCLAIMS ALL WARRANTIES, D(PRESS OR delays or tellure to render servic� due to ceu� beyond its G� end r�ulated by the B�u of � end
1116PL�D, INCLUDWO BUT NOT Lm�ITED TO ANY IMPL�D c�l, i�ludmg but not fumted to mat�ial shorteg�, u�ork InvestigaU�e Senil�� De�rtrnent of Cons�uner llf�trs,
WdRRANTIES OF MOtCHANTABWTY OR FRI�S'S FOR A�PP ��dv8 di�b�ence or unrest, sevare w�ather. Sar�amento. Ce, 95814. Upon t�npletion af the rt�talletion of
PARTICULSR PURPOSE WRH RESPECT TO THE 6re or erry oth� � beyond 6�e c�ntral of Company. ihe alerm systean� the alarm compeny shetl thoraiighiy instrud
SERdICES PERFORINED QR THE PRODUCTS, SYSTENIS Z0. Terminatton. Company may tertnmete this Agr�rnent the p�e�r m the praper use of the el�m eystem. Fa�ure by
OR EQUIPNIENT� IF ANY� SUPPORTED HEREUNDER. immemetely et ib sole �etlon u� the oaa�rten� of �y S�e �c��� without I�al excu�, to substanda�y camn�ce
COMPANY MAl�S NO WARRANTY OR Eaent of Default es h�emefter defined. CompenY meY al� u�ork uuilhin 20 da}� from the aPPtopmahs date s�i5ed in the
REPRESENTATION, AND UNDERTAI�S NO OBLIOATION �� �� �9�ment at ils so�e disaeHon upon notice to agreement wh� the wwk �riA begin is a viola�on of the Alarm
TO ENSURE BY THE SERVICES PERFORN�D UNDER Cusbomer 'rf Campenys perfomiance af its ob�getio�re imder Company � NY Lioensed by N.Y.S. Deperhnent of the Stete:
THIS AGREEMENT, THAT COMPANIPS PRODUCTS OR �� ��� �m� impracticable due to absol�nce of TX Texas Cornm�sion on Pmrale Seairity, 5805 N. Lamar
TF� SYSTEMS OR EQU�MEMT OF THE CUST064ER IMLL �Pm�t at Cus�me�g P�mi� ar unevaUab�Tityr of perts. B(vd., Auatfi, 78752-442'L, 512�4T710.Licen� n�rs
CORRECTLY HANDLE THE PROCE�SINO OF CALENDRR 21. No Optlon to Solic(L Custamer shaQ not, �y ar eva�able at w�nw.simpl�cgrinne0.�rom ar cor� your lowl
DATES BEFORE OR AFTER DECONBER 31 � 1�9. fidir�By, on i� own 6ehelf or on �heff of arry other persan, SimplezGrinnell of6c�.
15. Indemntty. Cuetaner agre� to ind�nnify, hold hffimml�s busin�s, corpo� ar �Uly, so0dt ar ert�ploy �Y Compenq
and defend Compeny against miy �d e� la�, dartieg�, BmPloyee, or fnduce any Company �n�oy� to leave his or
SG4269 (Rev. 10/08) Pege 3 c�20US-8 S6nplexGrfiireO IP. Au rights r�veci.
ADDENDUM
Pablic Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor
must keep and maintain this Agreement and any other records associaxed 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 Cha.pter 119, Florida Statutes. Further, the Contractor shall ensure tha.t 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 Contractor shall retain the 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 Village, all such records in the possession
of the Contractor and destroy any duplica.tes thereo£ Records that are stored electronically must
be transferred to the Village in a forma.t that is compatible with the Village's informa.tion
technology systems. �
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r�srca Week4y ❑ PAonthly ❑ Quarterty ❑ Seml-Annual ❑ Mnua� ❑r 3Year ❑ 5Year ❑ r�e�ara �
s � '�.� �=#cy.e,.� R��ORT �F �RRINKLERlPI�&��C'fIOAB Dat� 51�J2094
CusTOMER T ues(a Vlllage Hall tNBRCCTOR NA@IIE Scott �li
PIELLOFFICE � -
� 315 T ue�a Dr. �
ITYJS77PR�/1aP1PC T uest�a, FL 33469 i
TT�I: PHONE # 661 277�41 �0 � :�
HONE �R UCEN.SE # '�:
1. GENERI4L (To � art�w�r� by CLStomer.)
YES IVA NO � i-.
�� :=' ,/
a. Have there been any changes in the occupancy ctassfic�tion, mechinery or operatlons elnce 1�e Iast ins�ton? ��= �:
b. Hav� there heen any changes or re�ire to the fire protectlon syetems since the last Ins�ctlon? '�
r
c. if a fire has ax��r�ed since the fast (�pec�ion, have ell dam d s er syatem componerris been replaced? ` � T , _,�^ "*N, `
fP answer�l " to a, b w c. list ch� es (n �n 93.
�;:�:: a '�::: =-�:;:. j
J
cL Hes the piping in all dry spsteme been checked Tor proper pitch witttin the past flve years? 4 , ��. :;
Date l�t check�: (check recommended at least every 5 yeaB) :'�'� !�=' `; �•:
�.:;�?. �.; .���
e. Nas the pipirsg In ell systems been checked for obstr�ctive materials? J
-�„� :: <...;�: ��ti _
�te last checked: 9I9/2013 (cheok requlred aY least every 5 years) �°� �,'��. ',=
f. Have afl fae pum� been tested to fuU c�pacily us�ng h� strearr� or flow meters wfthin the past 12 morRhs? �
J
g. �ae gravfly, surfac.�e or pressure tanlcs protected from freezirtg?
ez
h, Standar� sprinMers 50 years old or otder? ❑ QR (20yr) [�Qry (10 yr) �= 325Fl183C (5yr) ❑ Ccrrosive em't. (5yr.) �
=>.�v :fa�;_;� �l;k��'.
(f�ttr� or �placement r�ulred for these types of s�lnklers.} ``�'� ��`" ''�"�
J =
i, Are any e�Gra high tem�rature sofder eprtnlders regulariy exposed to #emperatures near 304FM49C7
j. Fiave gauges �en'tasted, calibratai or reglaced in the las� 5 years9 ' Qate °2U13'� �
k Alarm valves and a�ocieted trim been Irrtamally U�spected past 5 years? Date •
I. Check valves intemaUy Irrepect� in the last 5 pears? � J ;:
m. Has the private flre main been flow tested in laet 5 years? a� J i `
�<" ax� ;� � I
n. Standpipe 5 year requirements.
a�� :��,?"t :
oate J : :.:: _. I;
1. Dry standplpe hydro�etic tesk �
2. Flow te.st � J
3. Hose hydrostatic test Date 0��
4. Pr�ure control vaive test Qa4e - ❑�
5. Pr�ure reducing valve t�t . �e J
o. Have pressure reductng vafves been tested at full flaw wfthln tfie past 5 years7 Date � �
q. Have master pressure raducing vaNes been tested at full flow within the past 1 yeaf� �
r. Hava the sprinkler sy�ems been extended to all are� of the bufiding? � �
s. Are the faufEding areas protected by a wef system heated, includir�g its blind attics and peNmeter areas? ❑ �
t Are all e�Qerior openlrtgs protecked agaTr�st the entran� of cold a� � 0 �
2. COIYTROI. dALVES
a, Are all sprinlder system main control va�es and all other valves In ths approprlate apen or ciaaed posftion? � _
b. Are aA cos�trot valv� aea[ed or supervise� ln the open posi4on? 0 '"""'
Cflrrtrol Valves # of Type Easlly Accessible Signs Valve Open Secured? (Sealed� Supertr[slon
Vahtes If Yes, How? � Ope�flnaf
I�?)
YES NO 1'ES (VO YES NO YE5 NO �S �
CITY CONPIECTIOt3 2 OS&Y � J � � J •
TAfVK
PUMP
� SECTIOfVAL
S�(S��flfl 1 BU'�9ffl J J J J S�.i ervised �
ALARM LINE
Laca,tirs� of CauvtraE V�4ve�:
Riser
' 68GICfIOYJ
i °��a
y
SG713�7 (Rav.OS1a� C�yRIgM 2008 �unplec:Grirms6 LP. Alt rights resaro�-d• �
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R�RT OF SPRiP1KLER &(dSP�C'flOt� �:
Qre�ure Flre Pump & Tank
a. Water supply sourc�? CitY: ❑� Grabity Tank ❑ Pressure Fire Pump � CitYY �
Main Qratn Test Resutts Made During This tnspe�lot� P�essure Fire Pump & Pond ❑ j;
;� S i z e S t a tl c S u p p l q R e� i d u a l R e t um t3 T�t Siae Si�Hc SuPply Rs.aiduel Retum tlme Yo �y
Pipe T� Pressure Pressure to Stsdc Pipe T� �u� p�� � ��
located Pipe Before Pressure Loc� P'tpe Hefore P��fe
�
Riser 2" 75 50 75 l�
�:
:i
YE NA NO `
4.1'AN�CS, PUMPS, FdiE D�PT. CONAIEC7'IOIUS , � �;
a Do flre purr�, grav}ty, surFa�e or pre�ure tanl� appear to be in goal extemal cortditiorre? �
b. Are gravity, surFace and preseure tanl� at the proper pre�ure andlar water leyels? � _
c. Nae the storage tank t�en intemally inspected in the last 3 yrs. (unlined) or 5 y�s. (Uned}? p�� -
d
d. Are flro dept �nnedicn� in �factory cond�on, couptinge free, c�ps or pluga in place and check valves tiB►�t'T J _
e. Are fire depi conn�lonavislble and accessible7
YES NA NO ,
5. WfT SYS7EMS ��� r: x�=:'
a. I�!!o. of systems: 1 �_ Make S Model 4" Riser ''�? ' �
o �•
b, qre cold weather valves ln the aPpropt[ate open or clased pesitlon? � -
If clos�, has piping been dratn�? �
c. Has the Cushomer been ad�ised that cold weather veives are not recommended? �
d. Nave all the antifreeze systems been tested? �: �;:,�: :��, a: ;=;; ;; -
;.� r.,:.:;;.. _.: _.-
The ar�ttfresze testa tndicated otectlon to: Idote temp 8� for each. Exam :-15F1126C gl cal or -15Fl-26C yc�dn} _
System 1) a 3 °;''� - =,
� g� ,.;��; ;r;� I:
Quantity: 1 � :.
e. Did alarm valv�, water tlow alarm devlces and retatd� test sadsPactorily? :
YE NA (d0 �
8. DRY SYSTEhflS ;�e;�;:� ;;�:=;
s:�<i �._.
a. �lo. of s ems: {Ulake & Model: `'= .
� Full = i�:�;+: �Ji�s=;a
Date I�t trip tested: ❑ Partial ` d
b. Are the alr pressure and primfr�g water levels normal? �
c. Did the alr compressor opefate saUsfactori4y? .•:- ::�;��: -= <� :�
;�.�,, :,�,-:�.: ;,+_,;;.'
d. .�ir compr�ssor a0 checked? ❑ B�� ❑ f
e. Were Aincillary 1 Low Poird drains dralned during this Inspection7 kVo. of Drains: �� ,;_;,_:
Locatians 9) 2 � w��;4.ati= I
: 3) 4)
Make: ___ModeL• �
t. Did all qulck apeNrig devices operate s�atlsfactoril� �
g. Did all the dry valves opetate saUsPeu�torily during th� inspectionl d
j h. Is the dry velve house heated? �
t. Do dry valv� appear to be protected from freezt�7
NA NO
7. SPEClAL SYSTEMS ,;;;;;- '
� Make & AGodal: ' - := -
a. No. ot systents: �,;-;;. .
Tppe: , �
b. Were vaNes tested aB requlred? �
c. Did al! fieat respor�slva sysYems opera#e safisfactodly7 �
d. Did the supervisory features operate during te�ting? �
, a. Has a eupp{emental teetform for th(s system 6een campleted and provided to the custome�t (Please attach) ❑
P�wciliar�l equipment No. TYPe� �
Location I
Test resufts '
YE5 NA iV0
�. �.EA�CM� J
� a. Did ihe vrafer motors and gor�g operate during tesi:ing? � �
b. bid the elecfric alarms operafe duri�g ies'�ng? �,
c. Did the supen�isory zlams operate during tesfing7
i
� sc�,17� fa3•.osras� Cop«lgtd 200B 51mple..�Grinne➢ Ip. WI righls re�rvad.
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a Qo sprinWers generally appear to be fn goad e�demal condition? --- -- ------ � �
b, po sprinklers ger�eraUy appsar to be free of carrosion, palrrt, or loading and �isble obstrucaons? � _a
. c Are e�drd eprir�i�ers and sprfilder vurer�ch avallable on the pramises7 � 0.
--- ._. . , . __ _ _ _. _...._ . -..;:. :--� -1�.�.: - — - `•
(#, sFie, flnfsh. temp, brar►d ot spare heade} _ .._ .. -. . ;: :,> .; : ,
d Does the expased eodedor cond'�on oi P�fig, dra�n vai��. ohedc �ra�ves. hangers, pressure 9au9es� aP� sP�niders ',
Pd '
8� �81�8IS �FT2ffi f0 be �6(q? ❑ ❑ ❑ .�
e. Does the hand hose on the aprailder sp�em appear to 6a In �sfadory condition? � �-;
f. �oes there appear to tr� pro�r clearance beiween the tap of alf storage and the sprintder deflec�ort � r �'
5
� 90. EXPL14A1A'fION OF "lU0" �I3dUERS,4IUD DF_FICEEl11ClES. ($ectlons 1d thtu 8): ' 3
. � - �
(1) Load�l pend heed e�ve bl� dept d�k :i
{9} ColrodEd and loadad chreme pend ln janfto�a closek �'�
2) Corroded chroms nd heads ouffilde atfove er►france overhang. �
11. THE�IAISPECTOR SUGGESTS 7{1E F�L�.WMiNO i�CFBSARY I�IPROV�ENTS. THESE SU��£STtQRIS ARE �IOT Ti HE �'
RESULT OF AN ENGpNEERINO S13RVEYMI� DO N�T REFLECT CONDlT10NS ABOVE CEIL1MflS OR W CAfUCEA�LED SPACES:
�`i
. j
:�
i:
Repatdre laae above mention� defleclencfes.
I:
1�. ADJUSTMF�ITS OR CORRECTIOIUS NfADE: • "•
I;
. Ij
Annual fVfPA 251ns on 'a
aUFlfS/FDC and visual v�rdlldhrough ot aU accessabl� areas, �
;i
Flow�l and hagged the sysfem -
� �
! 13. l.IST CH�ilVGES IN OCCUPANCY, N�4RD OR F[RE PROTECTiQN SYSTEM, AS ADVI9ED BY CUSTOfNER Iltl SECT101d 7 a-a:
�;
i;
44. IIVSPECTIOIV DE�ICIENCIES AAID SUGGESTED IAAPROVEMMEN73 dVERE DISCUSSED 1MfTk1 THE CUS30{IAERlGLtST09flER ��� ;
REPRESEN7d71VE. � `
IP lvo, expfain. �
�
I�ORTANT NOTiCE TO CUSTU6AER Customa aclmor�tedg� and ag�a i�t, m the sbaenos of a SenRCe Agreemenf b� 8►e parfi�, se�v¢es he�re�mder are �d Pur�►ent �
ta B�e t�rms end �d�tons af thfs Re�t, egr�s 9wt ff� services freve 6�n oomplemd fn Custom�a satlei�o6� emi thatihe system � in g� �roorhing order �d re�air, wl�s ae�
perf�ed �e of e ternporery na4tre in e� �l�a+rcer �1maa+�edg� B�aipazt of c�stomara system �y have been byp�ed ar re � un51 s�aice can be :
wr�sleted. CUSTOBtk�R'S A'fTBdl'IaN IS bIREC]ID TO TE� i1E�l'fAliON OF UABIIITY, WARRAPITY, NfDETdPp7V AND O7�i�t CQR1DlT[0 ' AT THE I�l1ERSE SIDFJEND OF �
bR i
IS F�PORT. Thls Agreemenf h� been d�rt up arid execuffid 'm Ertgkh at 6re requ�t oi and u�6� tf�s fu� aoncnrrenr� af Cu�srr�. � tr� a� r�g� en en9laie � la demande
avec Pessantimert du ¢lient � .
.' >..
CUSTO@8ER � . Date: 5P2P20'13 .
PRINT NANIE . � �- _�
. �- •.',: .= SI PLEX NNELL•,fNSPECTORSIGNATURE. i
ouPUCA Ta:
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cr�, s'i� �� a�� z��: a
A, r. . � _ i � _ __.
Cop�ght2� 5mpfaxCisiu�eU LP� M ri�F� r�sened.
St'v"7'I�J7 (c�.D4WB) .
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'FERdkS AND COPIDRIONS � �'
7. Llm�edon af Llab[Atp; Limtt�ions of R�ne+ly. R lc imderetcod �d e�aed hy the Cuetomer thst Cam�+y le not an i�ra� er� tf� Ins� cov�s� If e�►� �hell be ;: a
orrt� . �y-I�+ader�an�!�puutt , � ���� �a the R�yl� arrd tha scopa oPllabi6hl r� i�Fh ia fhls �rt� enr! ---- ;'
� u�at�i to the value of tha Custom�'s �oparty �1 the properiy of otfier� Eoeated on tl�e �em��. Customa' ��ees 40 look eud�iveiyr to tha C�lome"s hu�uerto =`
recov�' �r inj�fes � c�maga !n fhe �E oi mry loae or inpay mtd tlwt t�stomEV r� m�d weives dl right of reaov�y egaimst CoroI�Y �Irt� b!► �veY ci �ra8�� �a
Camp�y mak�s eo gu�arty ar �il�ty.lnclumn9 �Y �P� ���Y of inerd�tebiGty or fitr�se far a pffitlad� � that eqtdpment or a�ri� suPP�d hY �''
Compa�y ��t or avat oc��ure�few � the c�n�equ� th�efrom tF�at the �ul�rtent or sa�vf� uv� d� to de�at or everL �
�;
R� impr�l�at �d �et�y �ftictdt to fhc B�e �al dem��, ff�yl, whteh meg Pro�dme�r r� from fail�e on tlra pffit ot ComQanqto patform arry of Ns ob6ge6ons :;
unde,r th� s�m�f. Asxo�elY� Custom� a�� thet, �P�� efiell be �empt fran Ileinllty i� any lose, daa�aqe or inj�ay �Is1r�g d6'ectly or Indlra�ly �m ;
�, or the consequ�ms th��rom, ovirich �e eq�p�tt or �vk� w� d�gn�l to det�t � aveR. Sl�uld C�y be Pomro1 Ilable f� azry low, dmn�e a� ;�
injuty �b�g from e faAure oi tha equlprt�nt or �vtce in any �d, Com�ty'c Aebpitq �ra11 be limit� ta an amoimt �tal fio fhe agreen�t pria (� U� I�the �-�
pr1� for anyr edd{tlartal v�ork) ar where the tlme a�d mebe�ial ��rt tem fs eelect�l, C�tom�s fLrte �� peym�ta bo Compmip. V� fMe sgre�netd oore� !
muMiple sibea, �itriy ahell 6e Ifmttad to the �no�t oF tha l�yr�rRe all�e to Ure ePoa n�i� Ytlie �+a�t ocaared. Such wnn shell be comp[ste and exalusiv�. M ,�
Cueto� �stres Compny b�ume � li�sbIDty, the � eh�l a�nd thle a�eaner� [�► ett�hln9 a rider s�tPn9 farth tff� mrroam! a� ��tiana{ pa64f1Y end the ..,
�Itlo�l amou� payebb by the Cuetom� for the aw►unp9on by Compeny of suah gr�kw' tfabfl�Y, �ovhfed itaa�td� sucft tlder etmll In no may lm m� to ho�l
Comp�q � en Uiaivar. W NO E1�EiJT SHALL COAHPN�P( BE UABLE FOR ANY DA�GE. LQS.S, INJURY, ORAM' OTli�t ClJUI� kRfS1�1G fRONd ANY SERVICINO, �:
ALTERATfONS. MODIFlCAl10A1S. CFUIHGES.OR �bE�N754F THE COYERm SYSTENI(5} ORAPIY OF IT5 CQd�OP1ENT PARTS 9Y TF� CU5T0{I�R OR ANY TH[AD
PAR1Y_ COPI�ANY SHALL HOt BE UABLE FOR [NDIREC'f, INCDENTAL OR CQt�IISEAUENTIAI. DA99A(3ES OF ANY 6CpdD, II�CLUDtldO BUT NOT U�ITED TD DAMAGES �:
AFtISINO FROeII THE USE. LOSS OF TFiE USE, PERFOR@9AWCE, OR FA{W RE OF TFfE COVERED SYSTEM(S1 TO PFRFORA9. The llm�atJa�e aF IIabB�y � fcrth In tid� :;
�m�t stmll Inw'eto the beneflt of all pmerts, ��erles etid �l� oE Co�r� wh�h� dtreet m ind�eck Com�s e�l�, 89�, �e'a and direedot�. t;
L Umtt� Warrenty. (�A�AM1tY WARRAN'PS THAT ITS �IIP AND �IATERtAL FURNi31iED UNQ9tiH� AORE�M7 WILL BE FREE FR0�9 QEFECTS FOR A
P9:IOD OF tdER15T1f (�} DAYS �HA THE DAI� OF F11�1�. Wh�e ComP�Y 1���� I�� ar ecpdp�tt of �s. Ca9epanY �1 w� OR I6�.IED��� I{
onfy to the e�dent werr�ted bq s� tf��d parly. EXCEPT�4 �LY SET FORTH HEREH�. COIV�WdY DISCLAlA�S ALL WARRANTIES�
h
INCLUQ@JO BUT NOT LI�TED TO A1dif I�EIED tlVi4RR�NT�S OF I�1tCHAMABOSi'Y OR F1'FTdfSS FOR A PARi1CULAR FURPOSE WfM R�S�CT TO TffH SERVECES
Fl Ti
PERFORk�D Olt T�IE F�tODUCTS, SYSTE@AS OR E4UIPB�ENT� � ANY, SLiPPDRTm HEREI11�tDgi. COMPAfdY 6RA(�S NO WARRAPITY OR REPRESETJTATIQN, APfa
UNDERTAKES NO OBlJGATION TO EMSURE BY iHE SERVICES PERFQI�IIED UNQERiHlS AGF�E�IT, THAT COMPAN�'s PRO��CTS OR 7HE Si(STEN� �
EQUIP6�ENT QF THE CUSTOMERWILL CORRECTLY HAfdDLE TNE PROGESSING OF Ci91.ENDAR DATES BEFORfi OR I�1�R DE�IBER 87, i9�.
3. Md�g. Q�stom� �gre�s to Uid�nnify, i�td hmmless and �'�d CanpenY s9air�t a�l ar� ap los�, d�m9�. e�� d��d� � f� a� coeba, end m�rt�
ir�duating reaeoneble d�'ense �, arleing fram erry and aA ftdrd p�(yi de[me far p�eo�ml 1nJ�uy, d�tl'i, ProP�IY d�a or eeonomle los�, it�u�n9 s�fl�11Y �Y
�d �
d� r�uHbng Prom the w�asure �' work�e to H�rdous Con�tlo� wh�ha or not Cuetan� pr�-nottAes C�1 of the e�dstenoe o9 �id I�emrdo� �rtdii�orre. :
�isle� in �r way fram e�y �t w omiselon of Custoa�er or Cflm�y raia�nng in any► vre�t to this egresment, �+duding trut Rot lindtad Eo the Se�s �mder tl�ie a�eement, ;
�h�h� such d�ms �e l� upon co�t, w�rar�ly, tnrt �nduding Iwt not 41mih� to actlae or pessive �9��e?� etrict �a�y or otherwi�. Co�mq� r�roea Qre ��
rfght to �led co�sel to r�t � tn emr �ud� a�[on. '
9. Haz�daus El�lals. Cuetan� repr�er� thet, �arept to the ext�t 9�tComp�y d� 6�n giuen ram't�n r�e � the iaila�ing h� prior to the eueafian of � agraemank � i ,
fhe f� at Cuat�ner'e Imawied� tltete is rro: �:
.°permit �fm� s�,° a9 deGned by �SHA, or e�e in wrhich w�rlc must 6e p� thffi, ber.�se of its construcSan, loca6on. �ffi or w�h aeflvity th�ein, �+mu1� � a
haz�do� �. uapour. d�wt � fimre or Nie ct�U� of aa ox�lg�-daficien! ah�sph�e rt�Y aa�ur,
•rrelc of m�iaus �e,
�rreed f� eir tr�te�9. �Y P��. � otlter ►r�&al ►Ggk,
r
.�b�tw, �-c�ing m�iel, #�mald�pde ar ofl�er po�6a6y to�dc � o0iena+ae I�doue r�rief canlairted s� � a� N� siu�Ce o4 @re flaas, n�As, cmTmga, �wul�ion or
oUt� �al cnmpo� df B�e area et em+ bullding t�hae ua�it le requBed to be perfermed under this e�eemeatt
R� of 9re abmre are herema�er raferced fo es °Haardoue C�dt�aie°. CarrQmry ef�l h�re tlre ri�t � rdy on ffie repres�lafra� t�i a6we. U im�us c��fior� ffie encourt6�rad I,
bY ��Y �9 �e ao�use af (bm�s �or�.lfre dbcovery af �� candtiona sha0 � en e�ent 6eyand Cam��ry/s cantral �+d Co�a�ry sf�N fs�e � ohfigafion � furtlt� ,
perfw�n � Hre �ea where the h�deus can�B� �dst uoUT tI� a� f� bean rtmde s�e by Custam�r � cer5fled tn wnt"mg by � indsper�snt �in9 �1�Y� m�d Cuet�ner aheA pay ';
di�uptlon � and re-m��za§on �cpena� ae dete�ed bq Cortq�y. This egreement doss tmt piovidefor tt� ooat �e�hue, cotdaintrte�t or d�sp�l of miy ha•�rdous r�le
rt�i�s, � hemrola�s tr�tedals, �nter� � nny af the Coaered System(a) a�lar d�uin9 � oi 6te S�. Saici rtmte�� ��I at a!I 6rr�.v temam 9ie r�@i[Y end
properly oT Cus9�ner. Carnp�y sfi�l not 6e reapans�le f� the �fmg, r� ar dla�sal 04 such I�e ma�r�b- h
5. E�r+errt Dl�onnedlone. Thi� �ep�ts G�pany�e no6ce to ya thet ffie ayatem(s�lde�els) fst� on H�e taac� oY� agr�ment ee f�mporanly � perm�ren�y d�nn�d I
are no longsr m servics end, ffi�, cannot d� p�sfam and►� rapat ��tia�rut ��• -
6. Gwi�aL Ud� oth�e �e�ed, wak ahell I� dale be�► th� hauis oi B:OQ AI� end 5:00 PNI, �rdimive of Sahird�s. Simdays end Compeny hali�ys. A6 �m�ic � s¢bject to ,
r�i� end r�tlfmg in �cord�ce �h tl�e �m�s �d can� of Cu�s �re�nmitlmntr�t with Compau�r, 'rf or�e � in �Ck Catt�+ ehall �t be r�e �ria�l�are ta
m
r�der s�rlc� dve ta c�s� �ond i� om�hol, Includng 6ut rrot Iim'�taed to �I shada�s� +�rk stoppaSes, �, �ril �errca � urs�t s�ere w�er, fire ar a�r o� �u�
� m° rf o� �s in eBet�, ar s� fwfh ahoue, I
b�rond $� cantrol of Cort�any. Custaner ��te Q�at the L'ord�n a4l�611'iry and oil�r pm�rtsinr� e� for9t m m�y �n9 �, �
: apply to �roiaes psriom�d mtd ma� suppQ�. The t�ms � 9tis agreemer� � gov�n notnritl�iartd�►9 anY incans�tent a� add�onal ternm and c�r�s m eny puroim� or�' � i
oEter�mattaubrcd�ed �+Cualwr�'.
. i
I
� SG7'1577 (;?3vAi168) C�pS'�9�t 2008 Slmple:03tlnnell LP. Rlf righffi res�rvad.
SECOND ADDENDUM TO
LEASE AGREEMENT
THIS FIRST ADDENDUM is made and entered into this _ day of June, 2014, effective
June 13, 2014, by and between the VILLAGE OF TEQLTESTA, Florida, a municipal corporation,
hereinafter called the "VILLAGE" and JMZ TEQUESTA PROPERTIES, INC., a Florida
corporation, hereinafter called the "LESSOR"; both of whom agre� that the Current Lease
Agreement made and entered into by and between the parties on the 13�' day of May, 2009, is
hereby amended, pursuant to Sec. 13.16 thereof, in the following manner:
Section 1: In accordance with Section 8.02 of the Lease Agreement, the parties desire
and hereby agree to extend the term of the Lease Agreement for 30 days, until July 13, 2014, under
the exact terms and conditions as the current Lease Agreernent and First Addendum, which
extended the Lease Agreement for an initia130 days to June 13, 2014. It is the intent of the parties
to continue to work toward executing a longer term renewal during this second 30 day extension.
Section 2: All other sections of the Lease Agreement shall remain in full force and
effect as set forth in the Lease Agreement and there shall be no changes to the Lease Agreement
with the exception of those items specifically set forth in the First Addendum and this Second
Addendum.
Further, the parties agree as follows:
A, This Second Addendum shall be binding upon and shall inure to the benefit of the
heirs at law and executors of the parties.
B. If any provision or any portion contained in this Second Addendum is held
unconstitutional, invalid or unenforceable, the remainder of this Second Addendum, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
C. The parties hereby agree that this Second Addendum shall be attached to the Lease
Agreement and shall become a part thereof.
IN WITNESS WHEREOF, the Village of Tequesta, Florida, and JMZ Tequesta Properties,
Inc., have caused this Second Addendum to be signed and executed the day and year first above
Page 1 of 2
�critter.
�%�L�r�C4E �� �'E��i�S7':� �
��" —"�
��ns�aae9 �� ��a��zo Je°o, 1�1�n��e�
ATTEST:
(SEAL.}
Lori �-fc�'illiams. Vill��e Clerk
,�WgZ ����?�5'�'� �R�S�E�'6'�,��, ��Ca
_.�— - _
__ - ,%� - -- -�
���a¢� �Io Za���R�a9 Y�� �a-�su��eat
r�
f
�'
Pa��� ? uf 2
FIItST ADDENDUM TO
LEASE AGREEMENT
THIS FIRST ADDENDiJM is made and entered into this _ day of May, 2014, effective
May 12, 2014, by and between the VILLAGE OF TEQLTESTA, Florida, a municipal corporation,
hereinafter called the "VILLAGE" and JMZ TEQiJESTA PROPERTIES, INC., a Florida
corporation, hereinafter called the "LESSOR"; both of whom agree that the Current Lease
Agreement made and entered into by and between the parties on the 13`� day of May, 2009, is
hereby amended, pursuant to Sec. 13.16 thereof, in the following manner.
Section 1: In accordance with Section 8.02 of the_ Lease Agreement, the parties desire
and hereby agree to extend the term of the Lease Agreement for 30 days, until June 13, 2014, under
the exact terms and conditions as the current Lease Agreement. It is the intent of the parties to
execute a longer term �enewal during said 30 day extension
5ection 2: All other sections of the Lease Agreement shall remain in full force and
effect as set forth in the Lease Agreement and there shall be no changes to the Lease Agreement
with the exception of those items specifically set forth in this First Addendum.
Further, the parties agree as follows:
A. This First Addendum shall be binding upon and shall inure to the benefit of the
heirs at law and executors of the parties.
B. If any provision or any portion contained in this First Addendum is held
unconstitutional, invalid or unenforceable, the remai.nder of this First Addendum, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
C. The parties hereby agree that this First Addendum shall be attached to the Lease
Agreement and shall become a part thereof.
IN VVITNESS WI�REOF, the Village of Tequesta, Florida, and JMZ Tequesta. Properties,
Inc., have ca.used this First Addendum to be signed and executed the day and year first above
written.
Page 1 of 2
VII.LAGE OF TEQUESTA
Michael R Couzzo, Jr.,lVianager
ATTEST:
(SEAL)
Lori McWilliams, Village Clerk
JMZ TEQUESTA PROPERTIES, INC.
John M. Zaccarelli, III, President
Page 2 of 2
U pdated Ag reement
Received from John Zuccarelli
5/13/09
LEASE AGREEMENT
Between
MAIN STREET VII,LAGE, INC.,
a Florida Corporation and
JMZ TEQUESTA PROPERT'IES, INC.,
a Florida. Corporation
(LESSORS)
and
THE VII.LAGE OF TEQUESTA,
a municipal corporation of the Sta.te of Florida,
(VII�LAGE)
AGREEMENT OF LEASE
THIS LEASE made and entered into this day of May, 2009, by and between MAIN
STREET VII,LAGE, INC., a Florida profit corporation, JMZ TEQUESTA PROPER'TIES, INC.,
a Florida. profit corporation, hereinafter referred to together as LESSORS, and THE VILLAGE
OF TEQLTESTA, a municipal corporation of the State of Florida, organized and existing under
the Laws of the State of Florida, hereinafter referred to as the VII..LAGE.
WITNESSETH:
WHEREAS, LESSORS collectively own three (3) pazcels of real pmperty located in the
VILLAGE at or near the street address of 1 Main Street, which parcels are currently vacant, and
which pazcels are more particulazly described on Exhibit "A" attached hereto, hereinafter
referred to as the "PROPERTY"; and
VVHEREAS, the VILLAGE desires to lease and use the PROPERT'Y for a municipal
park, and LESSORS desire to make the PROPERTY available to the VILLAGE for such a use;
and
WHEREAS, LESSORS and the VILLAGE desire to enter into tlus Lease Agreement in
order to accomplish this.
NOW TI�REFORE, in consideration of the rents, mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
ARTICLE I
PURPOSE AND INTENT
Section 1.01 Purpose and Inten�
This Lease Agreement is being entered into for the purpose of providing the citizens of
Tequesta with a passive municipal park on the PROPERTY.
ARTICLE II
T'HE PROPERTY
Section 2.01 Pro�ert�.
In consideration of the rents, mutual covenants and agreements hereafter reserved and
contained on the part of LESSORS and the VILLAGE to be observed and performed, LESSORS
demises and lease to the VILLAGE, and the VII.,LAGE rents from LESSORS the PROPERTY,
comprised of approximately 3.19 acres, legally described in E�ubit "A", which is attached
hereto and made a part her�f.
-2-
Section 2.02 Use of the Pro�.
The VILLAGE sha11 use the PROPERTY for passive parks and recre�tion purposes. In
addition, portions of the PROPERTY are subject to a cross parking agreement and may be used
for pazking purposes.
Section 2.03 Acceptance of the Pro e�rty bv the Village.
The VILLAGE has inspected the PROPERTY and accepts same in its existing condition
together with any defects, if any, subject to all matters of record, including the pending litigation
in Palm Beach County Circuit Court entitled JATL Tequesta Properties, Inc. v. The Village of
Tequesta Case No. 502003CA0062723�3�VIB-AE, code violations as alleged or determined in '�
VILLAGE Code Enforcement Case Nos. 2008-00164 and 2009-00013, and cross-parking � G+o
agreements for which the PROPERTY is presently utilized. The VILLAGE further �oe�nt�
acl�owledges that LESSORS have made no representations or warranties of any nat�ue �
whatsoever regazding the PROPERTY, including, without limitation, the physical condition of
the PROPERTY and any existing improvements located thereon.
Section 2.04 Improvements and Alterations to the Propert,_y..
The VILLAGE shall ha.ve the right to make necessary and desired improvements,
additions, modifications ar alterations to the PROPERTY in furtherance of creating a municipal
park. This shall include, but not be limited to, parking areas, restroom facilities, picnic facilities,
fencing, lighting and landscaping. All of the VILLAGE'S improvements to the PROPERTY
shall � made and performed in a good and workmanlike manner and shall be diligently
performed to completion. The VILLAGE shall comply with all applicable local, state and
federal laws and ordinances.
Section 2.05 Waste or Nuisance
The VILLAGE sha11 not commit or suffer to be committed any waste upon the
PROPERTY, commit or permit the maintenance or commission of any nuisance or other act or
thing which may result in damage or depreciation of value of the PROPERTY or which may
affect LESSORS' fee interest in the PROPERTY or which results in any unsightly condition.
Section 2.06 Governmental Re ations.
The VILLAGE shall comply with all applicable ordinances, laws, statutes and regulations
promulgated by the VILLAGE and all other county, state, federal and other applicable
governmental authorities, now in force or which ma.y hereafter be in force, perta.ining to the ,
VILLAGE or its use of the PROPERTY. The VILLAGE shall not use, maintain, store or
dispose of any ha�rdous materials on the PROPERTY or any adjacent land over which it has
control in any manner not permitted by environmental laws. For purposes hereof, hazardous
materials shall mean any ha�ardous or toxic substance, material, waste of any kind, petroleum
product or by-product, cont�*ninant or pollutant as defined or regulated by environmental laws.
Disposal shall m�n the release, storage, use, handling, discharge or disposal of such hazardous
� materials. Environmental laws shall mean any appl�cable federal, state or local laws, statutes,
ordinances, rules, regulations or other govemmental restrictions.
-3-
S�tion 2.07 Assi�nment and Subletting
The VILLAGE may, at its discretion, grant short terna licenses reserving the pazk's
facilities for use by groups and may issue sp�cial events permits for use of the PROPERTY or
any part thereof. Such permits or licenses shall not release the VILLAGE from any of its
obligations under this Lease. Further, the VILLAGE shall comply with and the VII.LAGE shall
be obligated to ensure that such permits or licenses comply with the terms of this Lease
Agreement and all applicable Federal, State, and County laws, rules, regula.tions and ordinances
pertaining to the foregoing including, without limitation, the collection and remittance of sales
tax as applicable. Except as otherwise provided herein, the VILLAGE may not assign,
mortgage, pledge or encumber this Lease Agreement in whole or in part, nor grant any
easements affecting the PROPERTY, without the prior written consent of LESSORS, which will
not be unreasonably withheld.
ARTICLE III
RENT AND TAXES
Section 3.01 Annual Rent
The VILLAGE shall pay LESSORS an annual net Rent of One Dollar ($1.00), payable
without notice on the Commencement Date and each subsequent anniversary thereof. Annual
Rent shall be made payable to Main Street Village Inc., or JMZ Tequesta Properties, Inc., and
shall be delivered to 104 Lighthouse Drive, Jupiter, Florida 33469.
Section 3.02 Ad Valorem Taxes or Assessments
LESSORS shall at all times be responsible to pay or cause to be paid all legally imposed
ad valorem taxes and assessments, whether general ar special, wluch may be levied against the
PROPERTY, before such taxes become delinquent. The VII.LAGE shall at all times be
responsible to pa.y or cause to be paid, all legally imposed pezsonal property taxes which may be
levied against the VILLAGE'S personal property located on the PROPERTY.
ART'ICLE N
UTILITIES
Se�tion 4.01 Provision of Utility Services.
The VILLAGE shall provide the PROPERTY with necessary utility services including,
without limitation, water, sewer, gas, electricity, trash collection and removal, or any other utility
used or consumed on the PROPERTY.
ARTICLE V
REPAIItS AND MAINTENANCE
Section 5.01 Res�onsibiliri of the Village.
LESSORS shall not be obligated or required to make or conduct any maintenance or
repairs whatsoever to the PROPERTY during the terna of this Lease Agreement or any renewal
-4-
thereof. The VILLAGE sha11 keep and maintain all portions of the PROPERTY and all
improvements currendy existing or constructed hereinafter on or about the PROPERTY, in good
condition and repair, at the VII.,LAGE'S sole cost and expense.
Section 5.02 Inspection by Lessors.
LESSORS or LESSORS' agents shall have the right, upon reasonable prior notice to the
VILLAGE (except that no notice need be given in case of emergency) to enter the PROPERTY
for the purpose of inspection of the PROPERTY and the improvements located thereon. Any
such entrance into the PROPERTY sha11 be conducted by LE5SORS in a manner calculated to
minimi�P interference with or disruption of the VILLAGE'S ogerations on the PROPERTY.
ARTICLE VI
DESTRUCTION OF PRENIISES
Section 6.01 e or Destruction by Fire, War or Act of God.
In the event the PROPERTY sha11 be destroyed or damaged or injured by fire or other
casualty during the term of ttus Lease Agreement or any renewal thereof, the VILLAGE shall
restore the PROPERTY to the same condition as that which existed prior to such casualty. The
VII,LAGE sha11 commence such restora.tion within a reasonable time after such casualty but in
no event later than one hundred and eighty (180) da.ys of such casualty. The VII.,LAGE shall
thereafter diligently pursue such restoration to completion. All expenditures incurred by the
VII.,LAGE as a result of such restoration sha11 be reimbu.rsed to the VILLAGE in accordaace
with the terms and provisions of Section 8.05 helow.
ARTICLE VII
QUIET ENJOYMENT
Section 7.01 Lessors' Covenant
Upon payment by the VILLAGE of the Rent as herein provided, and upon the observanc�
and performance of a11 the covenants, terms and conditions on the VILLAGE's pazt to be
observ� and performed, the VILLAGE shall peaceably and quietly hold and enjoy the
PROPERTY for the term hereby demised and any renewal thereof without hindrance or
interruption by LESSORS or any other person or persons lawfully or equitably claiming by,
thmugh or under LESSORS, subject, nevertheless, to the terms and conditions of this Lease
Agreement.
ARTICLE VIII
TERM, RENEWAL AND TERMINATION
Section 8.01 Length of Term and Commencement Date.
This Lease shall be effective upon the Effective Date set forth in Section 13.15 below.
The term of this Lease shall commence upon the Effective Date (the "Commencement Date"),
and sha11 extend for a period of five (5) years thereafter, unless sooner terminated ptusuant to the
provisions of this Lease Agreemen�
-5-
Section 8.02 Renewal of Lease A�reement.
This Lease Agreement may be renewed for additional periods of time upon mutual
agreement of the parties.
Section 8.03 Sa1e of the Pro�rty, Ri�ht of First Refusal.
After the conclusion of the initial five (5) yeaz term of this Lease Agreement, LESSORS
aze free to sell the entire PROPERT'Y or any portion thereof, with no money being due to the
VILLAGE for park improvements (See also, Se�tion 11.03 hereinbelow). The VII..LAGE shall
have the right of first refusal to purchase the PROPERTY or the portion thereof that is offered
for sale, under terms and conditions which aze no less favorable to any third pariy purchaser. In
order to exercise said right of first refusal, the Village must notify LESSORS in writing of its
intent to purchase the PROPERTY or the portion thereof that is offered. for sale under terms and
conditions which are no less favorable to any third party purchaser within thirly (30) days from
the date that LESSORS notify the VILLAGE in writing of its intent to sell.
Section 8.04 Termination of Lease A�,reement.
This Lease Agreement may be terminated as follows:
(a) by LESSOR'S sale of the entire PROPERTY as set forth in Section 8.03; or
(b) by 60 days notice from either party following LESSOR'S sale of only a portion of the
PROPERI'Y as set forth in Se,ction 8.03; or
(c) by default of either party as set forth in Article XI herein; or
(d) by written notice of termination served upon the other party with a minimum of six
(6) months notice, after the conclusion of the initial five (5) year lease term, if the
Lease Agreement is renewed.
Section 8.05 Surrender of Propert .�P_aYment to the Village.
Upon termination of this Lease Agreement or any renewal thereof, the PROPERTY sha11
be surrendered to LESSORS, or their successors and assigns. At such time, all expenditures
incurred by the VILLAGE for the construction of improvements and alterations to create a
municipal park shall be paid by LESSORS to the VILLAGE in accorda.nce with the terms of
Section 11.03 hereinbelow. All such expenditures to be reimbursed shall be pmperly
documented and accounted for by the VILLAGE, and all such documentation and accounting
shall be available for inspection by LESSORS at a time and loca.tion mutually acceptable to the
Parties. Payment sha11 be due to the VILLAGE at the time of the closing of the sale. In the
event that LESSORS sell only a portion of the PROPERTY as provided for in Section 8.03
above, then, at the time of the closing of the sale of that portion of the PROPERTY, all
expenditures incurred by the VILLAGE for the construction of improvements and alterations to
create a municipal park on the entire PROPERTY shall nevertheless be paid by LESSORS to the
VILLAGE in accordance with the terms of Section 11.03 hereinbelow. Upon the closing of said
sale, if notice of termination as set forth in Section 8.(?4 is not given by either party, then this
Lease Agreement shall be amended to reflect the legal description of the remaining property
sabject thereto, and to provide for LESSORS' responsibilities relative to payment of additional
costs to re-configure the pazk as a result of said sa1e.
-6-
ARTICLE IX
INSURANCE
Section 9.01 General Liability and Automobile Insurance.
Without waiving the right to sovereign immunity as provided by s.768.28, F.S., the
VII.,LAGE acknowledges and represents that it is insured for General Liability and Automobile
Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person
and $200,000 Per Occurrence; or such monetary waiver li.mits tUat may change and be set forth
by the legislature. In the event the VII.,LAGE maintains third-party Commercial General
Liability and Business Auto Liability, in lieu of exclusive reliance of self-insurance under
s.768.28, F.S., the VILLAGE agrees to maintain said insurance policies at limits not less than
$500,000 for each occwrtence. The VILLAGE agrees to add LESSORS as an additional insured
to the Commercial General Liability coverage.
Section 9.02 Worker's Compensation Insurance.
The VII,LAGE agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability in��rance in accordance with Florida. Statutes, Chapter 440.
Section 9.03 Certificate of Insurance
When requested, the VII.,LAGE agrees to provide a statement or Certificate of Insurance
evidencing in�,�r��, self-insurance and/or sovereign immunity status, which LESSORS agree
to recognize as acceptable for proof of the above mentioned coverages.
� ARTICLE X
INDEMNIFICATION
Section 10.01 Indemnification
It is understood and agreed that the VILLAGE is a municipal corporafion organized
under the laws of the state of Florida and is acting in an independent ca.pacity in the performance
of its obligations hereunder and not as an agent, servant or employee of LESSORS. The
VILLAGE sha11 to the extent permitted by law, indemnify, defend and save harmless LESSORS
from and against any and all claims, suits, actions, damages and/or causes of action arising
during the term of this Lease Agreement or any renewal thereof for any personal injury, loss of
life, or damage to properry sustained in or about the PROPERTY by reason, and during the use
and occupancy of the PROPERTY by the VILLAGE, its agents, employee.s, licensees, invitees
and the general public, except those involving LESSORS' negligence or intentional acts or
omissions. Notwithstancling anything herein to the contrary, the VII..LAGE shall not be
obligated to indemnify or hold harmless LESSORS for matters which aze judicially determined
to be attributable to the negligent or intentional acts or omissions of LESSORS; neither shall
LESSORS be obligated to indemnify or bold harmless the VII..LAGE for matters which aze
judicially determined to be attributable to the negligent or intentional acts or omissions of the
VILLAGE. This section shall survive the termina.tion of this I.ease Agreement or any renewal
thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity or the
-7-
statutory limits of liability set forth in Section 768.28, Florida. Sta.tutes.
ARTICLE XI
DEFAULT
Se�tion 11.01 Events of Default� Village.
The occurrence of any one or more of the following shall constitute an Event of Default
by the VILLAGE under this Lease:
(a) the �ILLAGE'S failure to pa.y any sum due hereunder within thirly (30) days after the
same shall become due; or
(b) the VILLAGE'S failure to perform or observe any of the agreements, covenants or
conditions contained in the Lease on the V ILLAGE' S part to be performed or
observed if such failure continues for more than ninety (90) days after notice from
LESSORS unless the same is of such a nature that it can not reasonably be cured
within such a time period, in which event the VILLAGE shall be entitled to a
reasona.ble period under the circumstances; or
(c) the VILLAGE'S vacating or abandoning the PROPERTY.
If any Event of Default occurs, then at any time and thereafter while the Event of Default
continues, LESSORS shall have the right to give the VILLAGE notice that LESSORS intend to
terminate this Lease Agreement upon a specified date not less than sixty (60) days after the da.te
notice is received by the VII.,LAGE, and this Lease Agreement sha11 tlien terminate on the date
specified. If, however, the default is cured within the sixty (60) day period and LESSORS are so
notified, this Lease Agreement will continue.
Section 11.02 Events of Defaul�k Lessors.
The occurrence of any one or more of the following shall constitute aa Event of Default
by LESSORS under this Lease:
(a) LESSORS' failure to pay any sum due hereunder within thirly (30) days after the
same sha11 become due; or
(b) LESSOR'S failure to perform or observe any of the agreements, covenants or
conditions conta.ined in the Lease on LESSORS'S part to be performed or observed if
such failure continues for more than ninety (90) days after notice from the VILLAGE
unless the same is of such a nature that it cannot reasona.bly be cured within such a
time period, in wbich event LESSORS sha11 be entitled to a reasonable period under
the circumstances; or
(c) LESSORS' selling the PROPERTY or any portion of the PROPERTY prior to the
expira.tioa of the initial five (5} year term of this Lease Agreement.
If any Event of Default occurs, then at any time and thereafter while the Event of Default
continues, the VII.,LAGE shall have the right to give LESSORS notice tha.t the VII.,LAGE
intends to terminate this Lease Agreem.ent upon a specified. date not less than sixty (60) da.ys
after the date notice is received by the LESSORS, and this Lease Agreement sha11 then terminate
on the date specified. If, however, the default is cured within the sixty (b0) day period and the
VILLAGE is so notified, this Lease Agreement will continue.
-8-
Section 11.03 Liqu.idated Damages.
It is agreed and understood by the VILLAGE and by LESSORS that the purpose and
intent of this Lease Agreement is to provide a municipal pazk in the VILLAGE as set forth in
Section 1.01 above, and that should the PROPERTY or any portion thereof be sold by LESSORS
prior to the expiration of the initial five (5) year term of this Lease Agreement, said purpose and
intent will be compromised. It is further agreed and understood by the VILLAGE and by
LESSORS that those damages ensuing to the VILLAGE in such circumstances would be of such
a nature that they are not capable of being ascertained by any �own rule or formula; therefore,
the VILLAGE and LESSORS agree that if LESSORS in fact sell the PROPERTY or any portion
thereof prior to the expiration of the first 5 yeaz term of this Lease Agreement, then the
VILLAGE shall be entitled to liquidated damages as follows:
(a) During year one (1) of the initial five (5) year term of this Lease Agreement, it is
anticipat� that the VILLAGE will complete improvements necessary for providing
the citizens of Tequesta with a municipal park on the PROPERTY.
(b) During yeazs two (2) through five (5) of the initial five (5) year term of this Lease
Agre,ement, it is anticipated that the PROPERTY will be used for its intended purpose
as set forth herein.
(c) In the event that LESSORS sell the PROPERTY or any portion thereof during years
one (1) or two (2) of the initial five (5) year term of this Lease Agreement, then
LESSORS shall pay the VII..LAGE the VILLAGE' S actual costs spent on
improvements related to the PROPERTY up to One Hundred Twenty Five Thousand
Dollars ($125,000.00). It is agreed and understood that any costs incurred by the
VII.,LAGE for improvements related to the PROPERTY in excess of One Hundred
Twenty Five Thousand Dollazs ($125,000.00) shall be the sole responsibility of the
VILLAGE.
(d) In the event that LESSORS sell the PROPERTY or any portion thereof during yeazs
three (3) through five (5) of the initial five (5) year term of this Lease Agreement,
then LESSORS sha11 pay the VILLAGE in accordance with Sectian 11.03(c)
hereinabove, but said payment shall be reduc� by 25% should the sale occur during
year three (3); by fifty percent should the sale occur during year four (4); and by 75%
should the sale occur during yeaz five (5).
(e) In the event LESSORS do not sell the PROPERTY or any portion thereof during the
initial five (5) yeaz term of this Lease Agreement, then LESSOR shall not be liable to
the VILLAGE for any of the VILLAGE'S actual costs spent on improvements related
to the PROPERTY.
( fl The afore-described liquidated damages are in addition to any other payment
obligations contained in this Lease Agreement. Said liquidated damages are
specifically not by way of a penalty.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
Section 12.01 Annual FundinE.
This Lease Agreement and a11 obligations of the VII.,LAGE hereunder are subject to and
-9-
contingent upon annual budgetary funding and appropriations by the VILLAGE Council of the
Viilage of Tequesta.
ARTICLE XIII
MISCELLANEOUS
Section 13.01 Dismissal of Lawsuit by Lessors.
Simultaneously with the commencement of this Lease Agreement, LESSORS shatl
dismiss the pending litigaxion in Palm Beach County Circuit Court entitled JMZ Tequesta
Properties, Inc. v. The Yidlage of Tequesta, Case No. 502003CA006272X3�X3�VIB-AE. This
dismissal shall be with prejudice and the parties thereto shall bear their own costs.
Section 13.02 Dismissal of Code Enforcement Actions by Villa�e.
Simultaneously with the commencement of this Lease Agreement, the VILLAGE shall
dismiss its pending Code Enforcement Case Nos. 2008-00164 and 2Q09-00413. This dismissal
shall result in no assessment of fines or costs against LESSORS.
Section 13.03 Notices.
Any consents, approvals and permissions by LESSORS shall be effective and valid only
if in writing, and any notice by either pariy to the other shall be in writing and shaa,ll be deemed to
be duly given only if hand delivered, or mail� prepaid by certified mail return receipt requested,
addressed:
(a) If to LESSORS at:
Main Street Village, Inc., c% John Zuccazelli
104 Lighthouse Drive
Jupiter, FL 33469
and:
JMZ Tequesta Properties, Inc., c% John Zuccarelli
104 Lighthouse Drive
Jupiter, FL 33469
(b) If to the VILLAGE at:
Michael Couzzo, Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
with a copy to:
Keith W. Davis, Esquire
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
La.ntana, FL 33462
-10-
Either party hereto may change the address for service of notices required or permitted.
hereunder upon ten (10) days prior written notice. All notices given hereunder shall be effective
and deemed to have been duly given only upon receipt by the party to which notice is being
given, said receipt being deemed to have occurred u�n such date as actual hand delivery occurs,
or such da.te as the postal authorities shall show the notice to have been delivered, refused, or
undeliverable, as evidenced by the return receipt.
Section 13.04 Severabilitv.
If any teim of this Lease Agreement or the application thereof to any person or
circumstances shall be determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this I,ease Agreement, or the application of 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 Agreement shall be valid and enforceable to the fullest
extent permitted by law.
Section 13.05 Broker's 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 Agreement.
Section 13.06 Recordine.
This Lease Agreement, or a Memorandum/Notice of Lease sha11 be recorded in the Public
Records of Palm Beach County, Florida.
Section 13.07 Waiver of J,u �t�y Trail.
'IT� PARTIES HERETO WAIVE TRIAL BY JiJRY IN CONNECTION WITH
PROCEEDINGS OR COUNTER CLAIM, BROUGHT BY EITHER OF THE PAR'TIES
HERETO AGAINST T'HE OTI�R, IN CONNECTION WITH THIS LEASE.
Section I3.08 GoverningLaw and Venue.
This Lease shall be governed by and interpreted according to the la.ws of the State of
Florida and venue sha11 be in a state court of competent jurisdiction in Palm Beach County,
Florida.
Section 13.Q9 Radon.
Radon is a na.turally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, ma.y present health risks to persons who aze exgosed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regazding radon and radon testing ma.y be obtained &om the Palm Beach
County public health unit
Section 13.10 Time of Essence.
This is of the essence with respect to the performance of every provision of this Lease
Agreement in which time of perFormance is a factor.
-11-
Section 13.11 Waiver. Accord and Satisfaction.
The waiver by LESSORS or the VILLAGE of any default of any tenn, condition or
covenant herein contained shall not be a waiver of such term, condition or covena.nt, or any
subs�uent default of the same or any other term, condition or covenant herein contained The
consent or approval by LESSORS, to or of any act by the VII.,LAGE requiring LESSORS'
consent or approval, shall not be deemed to waive or render unnecessary LESSORS' consent to
or approval of any subsequent si.milar act by the VILLAGE.
Section 13.12 Non-Exclusivity of Remedies.
No remedy herein conferred upon any pariy 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 pazty of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
Section 13.13 Construction.
No party sha11 be considered the author of this Lease Agreement since the paRies hereto
have participated in extensive negotiations and drafting and redrafting of this document to arrive
at a final Lease Agreemen� Thus, the terms of this Lease Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
Section 13.14 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into
this Lease Agreement by reference.
Section 13.15 Effective Date of Agreement.
This Lease Agreement is expressly contingent upon the approval of the Village Council
of the Village of Tequesta, and shall become effective on the da.te when signed by all parties and
approved by the Village Council of the Village of Tequesta.. Such approval by the VII,LAGE
shall be evidenced by execution and delivery of the Lease Agreement to LESSORS within thirty
(30) da.ys of the approval by the Village Council of the Village of Tequesta.
Section 13.16 Entire Agreement.
This Lease Agreement and any Exhibit attached thereto constitute all agreements,
conditions and understandings between LESSORS and the VILLAGE conceming the
PROPERTY. All representations, either oral or written, shall be deemed to be merged into this
Lease Agreement. Except as herein provided, no subsequent alteration, waiver, change or
addition to this Lease Agreement shall be binding upon LESSORS or the VII.,LAGE imless
reduced to writing �d signed by them.
-12-
IN WITNESS WI-�REOF, the parties hereto have duly executed this Lease as of the
day and year first above written.
ATTEST: MAIN STREET VILLAGE, INC., and
JMZ TEQUESTA P 'TIE , INC.
By: �f���;�.�-:�-�_ � .� �
r� � By:
( JOIlII
�'�w M. Zuccazelli, II , ' ent
���..����������,�,�,��
.��''�E �F TFQ��,
,. DPppA --,
�'�,, 9 G �`N :
��:'`'S
ATTEST: 3 � ���ORPORATED � ° VILLAGE OF
''.� g�.' �.' TEQUESTA
�''�,9�'� 4i.� �Q,��o`'� .
� '"'oF "'", �
By: � � � � ������� By: � � �� ���
Lori McWilliams, Village Clerk Pat Watkins, Mayor
APPRO D O FORM AND
LEGAL CY j -
% f ',i�=a: .-:=�;�'
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By:
ith . ' V' ey `
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a
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-13-
EI�IT A TO LEASE AGREEMENT
LEGAL DESCRIPTION
TEQUESTA VII.LAGE CENTER, PARCELS 1, 2 AND 3
CROSS PARI�NG AGREEMENTS REFERRED TO IN PARAGRAPHS
2.02 AND 2.03
' , Mar Q1�:4qpi 99-1 �8455
• , ORB 1 i0992 Pg 7�
� �Q 18. M Doc 0. 7A
� imw�a�a�a�n�amora��n��i�
PREPARED BY AND RETURN TO:
Peter S. Holton, Esq.
Jones� Foster, Johnston 8c Stubbs, P.A.
Post Office Box 3475
West Palm Beach. Florida 33402-3475
w.;� �,�.� ��s 1
./
RECIPROCAL PARKING EASEMENT AGREEMENT
This Reciprocal Parking Easement Agreement ("Easement �areemenY'), is
effective �i�PcN ��,1999. and is entered into by and between Village of
Tequesta ( e e°), JMZ Tequesta Properties, Inc.� a Florida corporation (" M�7. ")
and Tequesta Business Associates, a Florida general partnership ("Associates")
(collectively, the "Owners°).
RECITALS:
A. Tequesta owns title to the real property described in Exhibit °A" hereto (the �
`Tec�uesta Parcel°); JMZ owns �tle to the real property described in Exhibit "Ba hereto
(the "JMZ Parcei°); and Associates owns title to the real property described in Exhibit
"C" hereto (the "Associates Parcel°). The Tequesta Parcel, the JMZ Parcel and the
Associates Parcel are hereinafter each called a°Par " and hereinafter collectively
cafled the "Parcels."
B. The Parcels are con�guous to each other.
C. The Owners wish to enter into this Easement Agreement.
NOW THEREFORE, for valuable consideration� the parties agree as follows:
1, ital . The recitals set forth in Paragraphs A through C above are true and
correct. •
2. Easement Grant by TPauesta. Tequesta hereby grants to each of the other
Owners� and their respective customers, patrons. tenants� licensees. invitees and
mortgagees, a non-exclusive easement over and through the parking areas� driveways�
drive alsles, sidewalks and walkways (if any) now or hereafter constructed on the
Tequesta Parcel for parking and for pedestrian. and vehicular acxess to artd from the
parking spaces (if any) now or hereafter located on the Tequesta Parcel.
. 3. Easement Grant by JMZ JMZ hereby grants to each of the other Owners and
their respectivve customers, patrons� tenants, licensees, invitees and mortgagees, a
non-exdusive easement over and through the parking areas� driveways drive aisles,
sidewalks and walkways (if any) now or hereafter constructed on the JMZ Parcel for
parking and for pedestrian and vehicular access to and from the parking spac�s (if any)
now or hereafter located on the JMZ Parcel.
4. Easement Grarrt by Ass ates. Associates hereby granis to each of the other
Owners and their respeativve customers, patrons, tenants, licens�s, invitees and
mortgagees� a non-exclusive easement over and through the parking areas. driveways,
drive aisies. sidewalks and waikways (if any) now or hereafter constructed on the
Associates Parcel for parking and for pedest�an and vehicular access to and from the
parking spaces (if any) now or hereafter located on the Associates Parcel.
5. Acxess Befinreen the Parcels. Nothing contained in this Easement Agreement
shall be deemed to require direct vehicular access between the Parcels and no Owner
shall be required to provide driveways or other vehicular access points between its
Parcel and the other Parcels to acxommodate the passage of vehicles directly between
the Parcels. Each Owner shall, however, provide for direct pedestrian access between �
its Parcel and the other Parceis so that pedestrians may directly access each Parcel
from the other Parcels. �
6. Owner's Maintenance Obligation. Each Owner shall maintaln or cause to be
maintained those portians ('�f any) of its Parcel which are used for parking and for
access to and firom such parking in good condition. including the maintenance, repair
and replacement of all paved surface,s (n a reasonably level, smooth condition, the
maintenance� repair and replacement of all curbs, curU parking stops� cuts, parking
spaces and the striping of all partcing spaces. The condition and maintenance of
parking areas and access points thereto shall comply with all codes and regulations
pertaining thereto.
7. Relocation of Parking and Access Struc#ures• Develooment of Parcels. Each
Owner shafl have the right to change, from time to time. in accordance with applicable
ordinances. rules and standards of Tequesta� the location of access lanes, driveways,
curbs. sidewalks. walkways and parlcing spaces loc�ted on their respective Parcels.
This Easement Agreement shall not be deemed to prohibit a reduction in parking
spaces or an elimination of all parking spac�s on a given Parcel if such reduction or
elimination is othervvise permitted under all applicable c�des. standards, ordinances
and regulations. The O�nmers acknowiedge that access for parking on a given Parcel
may be temporarily restrided, from time to time, because of activities associated with
construction on such Parcel or special even#s. The Owners agree that they shall not
reduce� expand or atter improvements now or hereafter located on their respective
Parcels in rel'�ance upon the use of each others parking spaces to meet any minimum
2 '
�, .
'RB 1 �992 Pg 72
parking space requirements of any applicable law. This Easement Agreement shall not
resMct or othenwise adversely affect each party's abil'�ty to deveiop itss own Parcel, e.g.,
an Owne�s right to use the other Owners' Parcels for parkfng shall not impose a
requirement on the other Owners' Parcels to maintain more than the minimum number
of parking spaces allowed ff this Easement Agreement did not exist. The Owners
acknowl�ge that the improvements which currently exist on the Tequesta Parcel and
the JMZ Par+cel will be demolished and that, as of the date of this Easement
Agreemer�t� there are no specific plans for the development of the Tequesta Parcei or
the JMZ Parael. No Owner shall have the right to object to the development of a Parcei
or to the constructio� of improvements on such Parcel based solely on this Easement
Agreement
8. Attomeys' Fees. In the event of any litigation {including appellate proceedings)
arising out of or in connection with this Easement Agreement and the rights, �
responsibili�es and obligations contained hereunder. the prevailing party shall be
entitled to rec�ver from the losing party� its reasonable attomey's fees and costs.
9. A�ourtenant Easements. The covenants, restrictions, easements, burdens and
limitations imposed and created by this Easement Agreement shall burden the Parcels
and shall run with and benefit and shall be appurtenant to each of the Parcels.
10. eartial Invalidity. If any tenn� covenant, or condition of this Easement Agreement
shall be held to be invalid or unenforceable, the remainder of this Easement Agreement
shall not be affected thereby and each remaining tenn, covenant and condition shall be
valid and enforceable to the fuliest extent permitted by law.
11, fModification. This Easement Agreement may only be modified or amended upon
written agreement of all parties hereto.
12. MuniciRai Or+dinances. Nothing contained tn this Easement Agreement shall be
construed to limit� effect or annul any municipal ordinances or rules as they apply to or
effec� any of the Parcels. except as expressly provided herein.
13. Goveming Law. This Easement Agreement shali be construed under the laws of
the State of Florlda.
14. Successor and Assigns. This Easement Agreement shall be binding on the
Owners, their sucxessors and assigns.
SIGNATURES ON NEXT PAGES •
, .
3
�B 1 0'992 Pg 73
Signed. sealed and delivered Tequesta Business Associates� a
in the presence ofi Florida general partnership
By: Tequesta Corporate Center Partners,
Inc.� a Florida corporation� its generai
partner
.
' • •r By:
Print am • S ' HeRnan J
i Its: President'�
�..��.�.:.
Print e:,�n::;S ;1 � S:�., t�
By: Tequesta Realty Corp., a Florida
corporation, its general partner �
.
�`R. �° � �- . By: �' �'� � �
Print me: 5 ' � Louis N. Feibel �
Its: President
�� �
Print me:�,� x J.. S.-».�'�,
STATE OF �= c �: �
COUNTY OF �
The foregoing instrument was acknowledged before me this � day of
�,�,�. , 1999. by Herman Jeffer. as President on behalf of Tequesta Corporate
Center Pa ers, Inc., a Florida corporation� gen ral partner of Tequesta Buslness
Associates, a Florida general partnership who: is personally known to me, or O has
produced a driver's license as identifica�on. �
,
� �
,
[SEALj NOTA PUBLIC
,t'�� �nr con��or� s ec�9 o�s
STATE OF FLORI DA '�'•:�- �a�n► �� �
COUNTY OF PALM BEACH �•`''�� �'"�"�
d T .
The foregoing instrument was acknowledged before me this � day of
4
. - 3B 10992 Pg 74
—�� ' , 7999, by Louis N. Feibel. as Presiderrt on behalf of Tequesta Realty Corp.,
a Florida ration� general partner of Tequesta Business Associates, a Florida general
partnership who: O is personally known to me, or �ias produced a driver's license as
iden�fication.
,
�
[SEAL] NO AR PUBLIC
��
����
��.� �nrca�# cc�ss �s
% '��..qt ro £ �O��y�W �/I��j1t1� INC
I '
;
5
']RB 1099� Pg 75
JMZ Tequesta Properties, Inc., a Florida
corporation
, �
-��./,�l:.�l��,�' B
Print e: J� �rl�_s :ri i,��,; �;r,d�,� �` Preside
/�j
Print Name: . / 7b•�
ATT T: "(�Orporat�Sea
Se ry
STATE OF FLORIDA �
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this i� r� day of
����.��. , 1999, by:l"c;+,�. M �:, �e,:;:� «;1� as rP �-, ,��:,�.� .– on behalf of JMZ
Te�uesta Properties� Inc., a Florida corporation who: C�'�s personally known to me. or 0
has produced a d�vers license as identification.
`�i�. .� � C�?.�
(SEAL] N(�TARY PUBLIO�
�___.�
' — °°��-• .�oana� �ww�anoEUo
j �'�.� an
� �'•; s.a �r�����,�
� o�: oeoemeeraz. �ess
e ' eaman� �n Rae wa�
6
�a 10�'9�C p9 ��
Village of Tequesta
, � :� • ,
-�,yL :fi `�y.- /�s:.'.s� B
Print me: -�.��,��-; n.'r I.r!�4.CI�i I.
�Gi� /'a�O-��,
Print Name: 2 . /da LTa,✓
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,;�_r�, day of
�h.ti. , 1999.}� y cL�2Ai3�'7N .�- s��au� .►•,�yc � on behaif of Viliage
of Tequesta who: C�is personaliy.known to me, or O has produced a driver's.license as
identification.
.�'�� -- <_ +.-�—
[SEAL] Nd ARY PUBLIC ��
N:1PSHITECUESTAIPARKIN(i.REC ,� ;;qi� "'ry_ JON�UV MANQIWIELLO
: i_.. .. M1� WA194�91dM / CC 8071�9
; -�i � E7�1f�: Deoernber?2,1888
.i ��� . �,�.����
�
�RB 1 �'39� Pg 77
� � }
EiCl�lb/T' '/'t "
LLGAI. DCSCRIP7'ION
I'ARCEL NU. I
L.YING iN SECTIQN 3Q,
�'tUVVNSI�{IP 40 SOUTI-(, RANGE 43 CAST
A PARCCL 0f= LAND LY(NG tN SCC7'ION 30, TOWNSHIP 40 SOUT[-I, RANGG 43
EAST, Pr�LM IiI:11C1-( GOUNTY, fLORIDA, 13C(NG MORF PARTICUI�ARL�'
DCSCRIE3CD AS' fOLLOWS:
COMMENC'ING A'C T[�L- POINT OC INTERSECTION Qf TI-IE CENTERLINC OT
STATE ROAD NO. 5(US HIGHWAY NO. l) WITH THE SOUTH LINE OF
SECTION 30, TOWNSNiP 40 SOUTH, RANGE 43 EAST'; THENCE NORT(-f
03 EAST (BASIS OF DEARINGS), ALONG TH� SA1D CEN7'ERI,INE, `A
DISTANCE OF G9S,55 CGET TO A PO[NT ON THC EASTERLY EXTENS[ON OC
THE NORTH RLGHT-Oi'-WAY L[NE O[' BRIDGE ROAD (PER DECD BOOK I 1 GG,
PAGE 552 O� THE PU[3LIC RECORDS OF PALM f3EACH COUNTY, FLORIDA);
THENCE SOUTH 89°46'S5" WEST, ALONG SA[D GASTERLY EXTENSION AND
SAID NORTH RiGi [,INE, A DISTANCG OC 673.37 FEET TO TI-[E
POiNT OF BCGINN1Nd; THCNCE CONT[NUC SOU'I'H 89 WEST, ALONG
SAID NORTH RIGHT-OI'-WAY LiNE, A DISTANCE OF z03.21 FEET; THEI�ICE
NOP.TH 00°13'OS" WEST, A DIS�'ANCE OF 224.57 FEET; TH�NCE NORTH
89°4G'SS" CAST, A nISTANCE OF 2G3.52 CEET; THCNCE SOUT(-I 18°43't3" WCS"C,
A D[STANCC OF 87.10 FEET' TO TIiE [3EGINNING OF A CURVC, I3CING
CONCAVE TO THE EAST AND HAVING A RADIUS OF 130 FEET; THENCE
SOUTHERLIr' ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGi,L- OF 18°56'18", FOR AN ARC LC�GTH OF 42.97 FEET; TI{ENCE SOUTH
0°13'OS" CAST, A DISTANCE OC 74.99 FCET; THENCC SOUTH44°46'S5" WFST, A
DISTANCE OF 35.36 FEET TO THC POI:VT OF BEGINN[NG.
4H 10992 Pg 78
f. �
' � Ex�firB�T "�''
� LEGAL DESCRIPTION
PARCCL NO. 2
� LY1NG IN SECTION 30,
TOWNSHIP 40 SOUTH, RANGE 43 EAST
A PARCEL OF LAND LYING iN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTiCULARLY
DESCRI6ED AS FOLLOWS:
COh1MENCING AT THE POINT OF INTERSECTtON OF THE CENTERLINE OF
STATE ROAD NO. 5(US HIGHWAY NO. 1) W L'fH THE SOUTH L1NE OF �
SEC'I'lON 30, TOWNSHIP 40 SUUTH, RANGE 43 EAS't; THENCE NORTH
03°54'S5° EAST (BAS1S OF BEARINGS). ALONG THE SAID CENTERLINE, �A
DISTANCE OF 695.55 FEET TO �A POINT ON THE EASTERLY EXTENSION OF
THE NORTH RIGHT-OF-WAY L1NE OF BRiDGE ROAD (PCR DEED BOOK 1166,
PAGE 552 OF THE PUBLiC RECORDS OF P�►LM BEACH COUNTY, FLORIDA);
THENCE SOUTH 89°46'SS" WEST, ALONG SAID EAS'TERLY EXTENSION ANU
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 876.58 FEET; THENCE
NORTH 00° 13'OS" WEST, A DISTANCE OF 224.57 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NOR'TH 00°13'OS" WEST, A DISTANCE OF
96.49 FEET TO A PO1NT ON THE SOUTHERLY R1GHT-OF-WAY LINF OF
� TEQUESTA DRIVE (PER OFFICIAL RECORD BOOK 6525, PAGE 302 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA); THENCE ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE FOR THE NEXT TWO {2) COURSES,
NORTH 67°59'40" EAST, A DISTANCE OF 231.34 FEET; TO THE BEGINNING OF
A CURVE, BEING CONCAVE 'TO TI� SOUTH A1�TD HAVING A RADIUS OF 305
FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 9°52'46", FOR AN ARC LENGTH OF 52.59
FEET; THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 51°10'19" EAST
ALONG A NON-RADIAL LINE, A DISTANCE OF 38.83 FEET; THENCE SOUTH
00° 13'OS" EAST, A DISTANCE OF 68.97 FEET TO THE BEGINNING OF A CURHE,
BEING CONCAVE TO THE WEST AND HAVING A RADIUS OF 70.00 FEET;
TI-IENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 'THROUGH A
CENTRAL ANGLE OF 18°56' I 8", FOR AN ARC LENGTH OF 23. l4 FEET;
THENCE SOUTH 18°43'13" WEST, A DISTANCE OF 86.09 FEET; THENCE NOR'TH
89°46'S5" EAST, A DISTANCE OF 2b3.52 FEET TO T� POINT OF BEGINNING.
SAID PARCEL CONTAINS 1.0022 ACRES MORE OR LESS, SUBdECT TO
EXISTING EASENiENTS OF RECOItD.
h
9R-U61(�II61-P2.I.F.U:tL)
.'
_ 'RB 109�� Pg 79
EI�ZT "C" ��Y H. WILKEN, CLERK PB COUNTY, FL
L�CAL DL�CRVT'tON
OF
�r:Qursrw wssocu'c� r�tt�t.
A PARCEL OF LAND LY1NG IN 9FCT[dN 30. TO�VNSHIP 40 SOVPH. RANaE 43
LAST. PAUd BBACH COUIVTY. PLORIDA.'BE1NO MORB PARTICIMRLY ��
A9 FOLI.OWS: �
FROM TNS POINT OF �ON OF THS CEN'tElt I.R� OF STATE ROAD NO. S
(U.3. IIIdHWAYNO. i� WITH TWi 30UTH L1NE O� SF.C47alY 30�8EARNOR7H
03o54'SS' LAS'f, AIAN(i SAID CEN'1'ERI.INB� A DISTAi� OF 69S.SS FELT; 'P��tJCE
BEAR 90LT['FI a9o46'SS" WFST. ALON(i THE NOR?A W4t�f-OF-r►AY LME OF HRmCiE
ROAD AND iT9 EASTFRLY SXTEN3ION, A DiSTANCB OP' f76.S� FEET 7'O 7'� POII�TT .
OF BFAINNIAiC�; THENCE CONTINUE 90[lTH �9o�6'SS' WE4T, ALaTia SAID NORTH
RiOHTrOF WAY LM6. w niSTANCS OF 94.23 F�T, TO 'iHE �1'TERSECTION WITH THE
EAS1'BRLY RiQHT-0E-WAY [,�IB OF �L.� DD�E H[aHWAY. A3 ItECORDED iN ROAD
PLAT BOOK S� PAdfi 146, pAI.M BEACH COUN'TY PUBLIC RBCARDS; . TE�NCB HBAR
NOR77i S6o13'43• WEST� ALOIYCi SAID BAS?ERZ,Y 1liOHT-O�WAY L1NB, BEINti'fI�
CHORD OF A CUItV6 HAVIN(i A RADIUS OF 25.0 FEBT, A DISfANCE OF 2795 FEBT;
71�ENCE BEARNORTH ZZo14�0" WEST, ALONG SA1D 8A3'IERT.Y RIflHT-0E-WAY
L1NE. A DISTANCE OF 2i9.8'1 FEET; '['�IF�tCE COM�tUE ALOAtO 3AID EA.S?F.RLY
RIaHT-0F WAY L.iNE, ON A BFARINCi OF NORTH ?2032'�0" EASI', BFdI�T(i T� CHORD
OF A CURYB HAVING A RADN3 OF 25.� FEET. A DI3TANCL OF 35.43 FBBT TO 7HE
�ON Wl'tH THE SOU'tEmL1.Y RIdHT-0P-VVAY LII+IE OF TBQUP.�I'A DRIVE;
TF�TCE BEAR NORTH 67oS9'40' EAST, ALONCi SAID SOUT�'RLY ItIQI�I'-0F WAY
LINB� A D[STANCE OF 200.25 FEET; TE�1Cfi HPAR SOU7�I OQa13'OS" EA.ST, A
D15TAlYCB OF 326.37 FFBT 'P� Ti� P�1NT OF BE�31NNlNCi;
SUBJECT 7�0 AN FASEII�NT OF Tt�B WE3T 10.00 FEET OF THE A80VE DESCWBED
PROpFdLTY CONTAINWG 2295 9QUARE FFBT (0.03 ACRBS)1K�R8 OR I.�SS.
SAID LANDS SJ1'UAZE. LYR�i(� AND 9EIl�TG Dd PALM BEACH COUNTY, FLORiDA
3UBJP�CT TO ALL PERTIIVF.NT MATfERS OF 1tBCORD.
THB AFORBSAm PARCEL CON'PAII�iIN(i XrX k ACRES.1�tORP OR [.�SS
..�:—•� '
� p�... , l- 04:44p� 99-108456
• . ORB 10992 Pg 8@
� � ia�um �n��um��am�ma��mi�
PR1sYAFtL'U 13Y Ai�fll RE'1'URN 1'0:
laines M. l3l�ckburn, Esq.
�- 1G9 Teqticsta t)rive, Suite 12-�
't'eyue.�ta, FL 33469 ,
"G�%�l P�'<< YS Ps�
RECIPRUCAL PARKlNG EASEMENT AND DRIVE�VAY EASC �:NT ACREEMF:N't
. 'i'his Rcciprocal Parking E:iscment and Drivcway E:�scment grccm�nl ("E:isc�ncr.t
Agrccmcnt"), is cncctivc !7A �( .1999, and is cntcrcd nto by and bctwccn J M'L
'1'cc�ucsta Proputics. lnc., a Clorida co�poration {"JM'L'7 and NationsHank. .A.. a ndtinnal h�nkin�
. association �"Nations�3ank'7 (collectively, the "Owners"). �
RECiTALS:
A. �MZ own� titic lo thc rc�l prop�xty describcd in Exliibit "A" hcrct (thc "JMZ Pacccl"): and
Nations8ank, �s successor to L�arnett Dank of Palm �3each Cou ry� owns ti�lc to thc: rc�l
prarerty descrihed in F'.xhibil "B" heret� (the "NationsDank l��rce "). The JM7_ ['an:el and
� thc NationsBank Parcel arc hcreinaftcr each coli�ctivcly callcd �"Prarccl" and l�crcinail�r
coliectively called the "Parcels."
fi. '1'hr parcels are contiguous to each �ther.
C. Thc OWncrs wislt to enter into diis Easement Asrccm�nt.
_ vUW 'l'l ll;(tL'I�ORI:, Cor valuublc: consideration, the p:trlies ugcec; a� fol �ws:
I. Rc4italx. Thc recitals scl forth in Paragraphs A throubh C abovc a c tivc �nJ cum:ct and u�c
incorpocatcd hcrein by this reference. '
3 Fasement Gran� bv JMZ. JMZ hereby grants to NationsBank ��i its respcctivc customcrs,
palrons, tcnants, cmployccs, agcncs, licensees, invitecs and mo �agces� :� non-cxclusivc
easemcnt (subjcct to mattcrs of public record; however. JML r pcescnts and w•.ur.►nls lo
Natioi�sBank th�t thcrc are no liens or mortgases encumbering lie JM'/.. Parccl) over xn�1
throu�h the parking areas, driveways� drive aisles� sidewalks anJ aikways (if �ny) iww or
her�after ccros�ructed on thr JMZ Parcel Forparkin� and for pecle� rian rnd vchicular au:w�.
3. Fa.aement Grant bv Nationsl3�nk. NationsE3:uik heceby grrnts o]M'L and its r�apix:tivc
cuslomcrs� patr�ns, tenanls, cmployccs, agcnts, liccnsccs, invitc and rnortsasc�'s, a nou-
exclusiv� cascment (subjcct to matters of public r�cord; liowcve , NationsBa�ik repr��scnts
an�l warrants to JMZ that therc are no liens or moRgages enc herin� the Naaonsl�ank
Parcel) over and chrou�h the parking areas. driveways, drive aislc , sidcwalks and w:tlkways
(if a�ty) now or hzreatter consttvcted on the NationsB:u►k Y cel for parkinb and For
pedcstrian and vehicular access.
�. Vchicular Acccss Bctwccn thc Parcels. ln coiisidcration for Na ionsi3�nk'� jo�ndcr in and
cxccutiun �f thc TERiVI1I`'A?IOV OF AGItFFMEN'�S o cvcn clait� antung Jl�'l'!..
1
AECORDER'S EMO:Leg�'bir�}rotdocument
unsatis ctory when �ceived.
. . I ' �
. 3 0992 Pg 81
Nationst3ank, and Tequesta Ausiness Associates, a Flori�� gcncra!• panncrship
("Assoei:►tes"), )M7, abrecs to continue ta maintain a Twenty-Fa r(34) loot driveway
eascmcnt riinning essentiaily notth and s�ulh from 'tcqucsta I7ri e tc� Bridgc koad in
� Tcqucsta, Florid� on th� cast Twenty-Four (24) f�ct of the JM'1.. 1' rccl wltich abuts th:
NationsBank Parcel (the "llriveway Easement"). 'fhis IIriveway C• em��it is r�.5ervecl by
" JMZ for itself. its customcrs, patrons. tenants, employecs, agcnts, t ecnsee:s, invilccs and
mortgagc��s �nd is gcantcd to NationsBank tind i�i customers, patran � lcn:tnt�, �mplayccs,
a�c�its. lic�nsees, invitees and mortgagees as a non-exclusive vehicul� c driveway tor ingress
� ancl egress to and from Tequesta Drive and Bridge Road Crom and o the r�p�tive JNiZ
Parcel and the NationsAank Parcel. ]MZ agrees that Nali�n�Bank's xisting ucr.�s to this
D�ivcway Casement chall not bc blocked or im�cded by JV[Z without ation�Rank's writtcn
. a�ccement, which agrccmcnt NationsBank agrccs not to un easonably witl�hold.
Na�ionsE3unk acknowledges thnl JMZ contcmplatcs demolition oCtlz cxistitis builciings an
thc JMZ Parcel and construction ofnew buildings thereon whicli witl result in rrloeation �F
pac�cin� spaces and tcmporary disruption of the normal tlow of traf u on ih� ]Vi7. Percel
dt�ring ccinstruction, and NationsBank agrees to accontmodate s ch construrtion ytd
' disruprion so long as its access to and from thc Nations�3ank P:ir • l ovcr the nriveway
Easemcnt is not unreason�bly detoured, restricted or impeded.
S. Pcdcstri:�n Access Bctween thc Parcels, E�ch Owner shall contiiiu [o nmvide for dircct
peclestrian aeccss bctwcen its Parcel and the I'acccl of thc other 4w er sa that pcdcstri:�ns
m:�y dircetly acecss each Parcel from the other Pareel.
G. Uwner's Maintenan�e Ublieation. fiach Owner shall �maintain or c usc ta be maint�ined
lhose purlioru (if any) of its Parcel which are used for pazking and for ca;ss. 1'hc condition
anJ maintenance of parking a�eas, and access, shall comrly tivith a ����5 ���
� rc�ulations pertaining thercto.
� 7. e ca ion of Parkin and eces tructures• velo ment ol'Parce . 1'Jtth the exception
�f the Drivcwhy L•asement created in paragra�h 4 above, c�ch Owne sl�ull have tlie ri�ht to
e}�:�nbe, from time to time� in acc�rdancc with applicable ordinances� rules and standards o('
Tcqucsta, thc location of curbs, curb cuts, sidcwalks. walkways uncl :u�king spac�;s locatcd
. on thei� respective Parccl. 'Ibis Easement Agreement shall not bc deemed to pral�ibit a
ceciuctic�n in parking spaces or an eliminntion oCall parking spaces o abiven Purccl ifsucli
rcduction or elimination is othervvise permitted uitd�r all apnlic• ble co��s, st�nJard�,
� o�dinanccs and regululions. The Owners aclrnowledge that access un a givcn Farcel may he
temporarily rest�icted, from time to time, because of activitics associ tcd with construction
on such P:ucel o� spccial evcnts. however, lhe Driveway Eas�:mcnt s all aot be im�aired �s
set fonh in paragraph 4 above. The Owners agrec that th�y shall not educe, cxpand or altcr
im�rrovements now or hetcafter located on their respcetive Parcel i� reliance upon t}te tis�
of each other's parking spaces ta mect any minimum parking snac � r��uiremcnts or any
appli�ublc law. 'fhis k::�sement Agrccmcnt shall not restcict br otl� ++ise adverscly aCFcc�
� cach party's ability to dcvelop its own Parcel. e.�. :�n Owncr's right t usc the other O�yner's
Parccl Cor parl:ing shall not impo9c a� rcquircmcnt on the other Own r's 1'arcol to �naintain
[iINCC l�t:lil L1lC llllllllllllitl I111111bCC Of ��1fiClll� Sp2CC5 d��4Wl•(� If t}11S T' ,:�. cmcnt Agrcctncnt did
nvl Gxi�l. ThC Owncrs acluiowledge that tlie improvemrnts which cu ently er.ist on thc J yi'L
Parccl (cxccpt for the llrivewny Easemont) will bo demolish�l arid �l� �, a, uftl�c �atc o!'this
�asement Agreemcnt, Ehuc are no speciftc �lan� f�r the dcvclorment f the JMZ Parcel. i�o
��
2 i
�
I
I
. • '9 �992 Pg 82
c
Owncr shall havc the right to object to the dcvclopmcnt of a Parccl r to the construction of
improvcmcnts on such Parcel based solely on this F:ascmcnt Agrcc unt.
-� b, @u�rn�v�' Fe�.�. in thc cvcnt of aey litigation (including appellate rucc�din�s) atisinb out
c�t ur in cunrieetion with this Easement Agreement and thc ri�l s, responsibiliti�:s an�l
- c+bligations contained hereunder, the prevailing parry shall b� enti cd to recover Cram thc
losing patty, its reasonable attorney's fees and costs►
). �pnurten�nt FasemenG The covenants� restrictions, easements, urdens �nd limitmtions
imposcci and c�eated by this Eascment Agrcement shnit burden the P rcels and shall nln with
and benefit and shall bc appurtenant to each af the Aarcels.
� I U. Partial lnvaliditY. i f�ny terms, covcnant, or condition of this Ease ent Agreemcnt shall b�
he1J lcs bc in�dlid or un�:nforccable, the remainder of this Easr:men Ascccment sh.�ll nat hc
�CCc.�eted. thercby and eaoh remaining term, covenane and con�i ion sl�all be valid an�l
c'nfurccablc to the �ul lesl extent permittcd by Iaw.
11. Modification. 'fhis Fasement Agrccmc�t may only be modified � amcndcd upon wriltcn
. agrcement of all parlics hereto, and recorded in the puhlic records of P:+lm Bcach Gounty,
Florida. .
� 12. Muiticio��l nrclinance.ti. Nothing cont3ined in tbis Fasement Agr ment shall hc construccl
to timi4 effect or annul any munieipal ordinances or niles as they pply to or affect any of
tl�c I�arccts, cxccpt as expressly provided hercin.
11. Govcrnins�Law. This Eascmcnt As�reement shall be construed ui der th� laws of the Statc
of l�lorida, and vc:nuc for any action arising un�ler lhi� AgrccmCn shxll bc itt thc courts of
palm Besch Cuunry, Floridb
��, Succk�,.tinr and Assiens. 'l'his E�sement Agreement shall be binc in� a» tlic Own�cs. Q�eir
succcssors and assig��s.
I S. NA l)eclicatian. Nothing hercin shal I be construcd to create any ri Itts in the genersl public.
SigncJ. sealed • l delivered NationsEar+k, N. A. a national banking
� � pr � � , association
gY� ..... • . .._ _. _ •ti..
Pnnt �mc: ��ti �— N • Y-
--��!����_ e� 3IT16' M Q18111L.— .
Print Name: fYl�� �Yt�L_a�e/� Senior Vi President
Its:
.�
� • i
3
i a_
• 9 0992 Pg 83
S'l'A'1'B OR FLORiD — /
COUN'CY OC � �7h�t
•'1'hc foregoing instrument was acknowledged bcforc mc this _'��d y oC ��� •/95�j
I 99�), by �,�} � /f,y� q as Sd P on be�'h f af Natic�n. Bank, N.A.� a nati�nal
� hanking association, on behalf of thc association; who: �'is persunally k�own to me� or a has
. prc��uccd a driver's license as identifieation.
(S�ai� _ ._........- --...
��,�,,,� NOT Y PUBLIC
. �z'e °•o°0 �-
� uQ�M���� :� � JMZ Tcqucsta Propert es� 1 c., a Flori�s .
""""""� corporatioa
�•- •�'�� . __. r ` BY•
� l�rin� N• c: .Jait��j �,c31x'���,�^,� Ti e• J�hn vt. Z rclli. lI
. i : Presidcnt
��l
Nrint Nam�.S..��
11'I"1'I ;S'I': �fp�`��"
. N . _i /� ' �-
S��:rclary
STATL UI� FI..O121DA �
CUUN1'Y 0(� _�.•�-�
'I'lic forcboin� instt�ument �vas acknowledged before me tl�is _/C day �f �-�f- ..,
1 ���9, by John M. Luccarelli, III, and _ �� �t , as President an Sccrctary r�:spcctiv�
of JMZ Tcc�t�estra ProPenies, lnc., a florida corporation, on behalf of the ornoration; who: is
p�rsonally known to �tte, or o has produced a driver's license as identificat on.
(5���] N TARY PUBLIC r
; r p 4, � �
'� ;.@ YY C�bIA�10N / CC 6W1
.. i. �.. •
,; ' D�kS: Deeen�6er 22,19 8
r Booded tMu Not�p R�ie {Mfd�
I
i
� �