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HomeMy WebLinkAboutProperty_Other_08/13/1957 . � . - HAJ:��r 2-3 ' 7/3�/57 : . - y ,, � ,.' .. , LICENSE FOR WATER ThANSMISSION LZN'E THIS AGREEMEt�T, made and entered into, in duplicate, this, the lst day of August, A.D. 1957, by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, as party of the first part, and hereinafter referred to as the County, and TEQUESTA, INC., a corporation organized and exist- ing undEr the laws of the State of Florida, with its principal place of business at Jupiter, Florida, party of th� second part, hereinafter referred to as Tequesta, W I T N E S S E T H: � THAT for and in consideration of the sum of ONE DOLLAR ($1.00} and other valuable consideration paid bp Tequesta to - the County, receipt of which is herebp acknowledged bp the County, Tequesta agrees that it is the owner and developer of a subdivision located in Palm Beach County, Florida, and is installing a water supply system, for furnishing potabl.e water for profit, to the residents of said subdivision, and has applied to th.e County for a licens� �to construct and maintain�a pipe 1ine, crossing under and across a public bridge known and designated as Hooley Point Bridge, and the County does hereby grant to Tequesta a license and perm.it to so erect and construct said pipe line crossing in accordance with the detailed plan of the �ater system of Tequesta prepared by Brockway, '4�teber and Brockway, sp�cifically File No. TF I695, Sheet S of 6, as revised May 1, 1957, attached hereto, made a part hereof and marked Exhibit 1, subject to the follow- ing conditions agreed to by Tequesta: 1. �11 work shall be done in keeping with standards o� bridge construction applicable to County bridges and under the supervision and approval of the County Engineer. 2. All materials and equipment shall be subject to inspection and approval by the County Engineer. -1- , . , Y 1 Y. • , , , � . � ' • ' � . � � � � � � , � 3. During construction, all safety requirements shall be observed, and the County of Palm Beach shall be re- lieved of all responsibility from damage of any nature and kind arising from this permit, and Tequesta agrees that it will place and display caution signs as it may deem neces5ary at a11 times, day and night, during constxuction and mainte- nance work hereunder. 4. Tequesta shall furnish to the County a Certifi- cate of Insurance with limits of �50,000.00 property damage, $100,000.00 injury to one person, and $300,000.00 injury in one accident, which Certificate shall affirmatively show that the County of Palm Beach is insured thereunder with Tequesta. 5. All County property shall be restored to its original condition as far as practical, in the opinion of the County Engineer. 6. It is egpressly understood that this permit is a lic�nse fox permissive use only and that the placing of facilities upon public pxoperty pursuant to this perntit shall not operate to create or to vest any propertp right in Tequ�sta. 7. In the event that it is necessary for the County to rebuild, repair, improve, a,lter or relocate Hooley Point Bridge or any portion thereof as may be determined by the County, Tequesta agrees that upon being notified it sha11 immediately take such action as is deemed necessary by the County to remove, reset or relocate the water pipe line, at its own expense and within the time required by the County. 8• Any and all damage or injury, done or caused to said bridge or any portion thereof in the construction, operation, maintenance or repair of said water facility shall be immediately repaired and constructed under the supervision and to the satis- faction of the County Engineer, and in the event Tequesta shall fail, neglect or refuse to repair, reconstruct or rebuild said -2- 4 I . • � w � ., r � b � � � r ' ' � � � ' . � � � i. � / bridge immediately, the same may be done by the County and the expense and cost thereof shall imm.ediately be repaid by Tequesta, and Tequesta agrees that it shall clear the right of way of the bridge and approaches thereto of all debris re- sulting from any construction or maintenance. 9. This permit is not exclusive and the County reserves �the right to grant permits to other persons or corporations to use the bridge or any part - thereof covered by this permit for any purposes which by the County may be deemed proper and fi in giving utility service of any kind to the public. 10. Upon th� �ailure, neglect or refusal of Tequesta to immediately do and perform any change, removal, resetting or relocating of the water pipes, or any repairs or recon- struction to the bridge as required, the County may underta,ke and perform such requirement and the cost and expen�e thereof sha11 be immediately repaid to the County by Tequesta. 11. It is understood and agreed that the xights and privileges herein set out are granted only to the extent of the County's right, title and interest in the bridge, and Tequesta will at all times, assume a11 risk of and indemnify and save harmless the County from and against any and all loss, datn.age, cost or expense arising in any ma,nnel on account of the exercise or attempted exercise by Teque�ta of the aforesaid rights and privileges. 12. This permit shall be null and void unless actual construction under the terms and provisions hereof shall be comm,enced in good faith within sixty (60) days from the date hereof. Tequesta, for itself and its successors and as�igns, does hereby accept the terms and conditions of this permit and agrees to fully comply with �.n,d abide by each anci every the provisions contained herein. -3- . \ - , . i t . , - � . .. � �- IN ti1I1i�1�ESS ���T��ER�GF �he COUi�TTY OF P1�I.�P:�� 3LACH, Florida, has caused this agreement to be signed by the Chairman of the Board of County Commissioners and the s�al of said Board to be affixed hereto and attested by the Clerk o:i said Board, pursuant to authority granted by said Board, and TEQUESTA, INC. has Vice caused the same to b� signed by its/President, and its corporate seal. to be heretc affixed, attested by its Secretary, this �-3 � day of August, A.D. 1957. COUNTY OF �'��LM BEACH, FLORIDA ( SE r � , xL ) r�Y�Y�r.�,.,�ri: . ,, Y - " f . — �. ' Cl airraan of the Board of CountJ .—� Commissioners of Palm Beach ��S • � County, Florida �� C�� � Approved: '� , - �' C erk ��G� � 1957 l�i --�. � ' C Attortu� T�QUES1^A, INC. ( SEfiL ) �y ���� A'1'TEST: V' e resl ent � � � - �� � �, Secretary Signed, sealed and delivered in the presence of: ��� � n � _, / � � J ' ^/Y'�Y/"Y�/ �...� s to oun y r '� i , _ <` ;�� ;,�;,,. s o .L�qu�,s � a, • -4- . - � , r. � � , . , - . ` - ' � ,. _ � : e � � ,•• ' , � �T��i`�'E UP r�Gi�IL�� ) CUUiV'TY OF PnLT���i bE.�CN ) I'IE�REBY CERTIFY, that on this � �.� aay o f 1�ugus t, �I.D. 1957, berore r�e nersonally appeared C. W. PIETZ ice " and y � A L•ORD , resnectivel�/President and �ecre- tary of TEQUESTA, IidC., a corporation under ±he laws of the State of Plorida, to me known to be the persons Jescribed in and who executed t��e foregoing :�greement, and severally acknowledged tne execut�_on thereoz �o be tneir free act and deed as such officers, for the uses and purposes therein mentioned; and that the� a:�fixed theretc the c s�al oi said corperation, and the said Agree- � ment is the act and deed of said coxporation. WITiVESS my hand and official s�al at tilTest Pa1ra �:�eac�, in the Coun of Pa?�n Beac1_Z and Sta�e c� Flor� �a, the daJ and year last aforesaid. �__._��— � ' �`�-���-� -� . �� � — r ota� l�� _ i�iy commission expires :��' r' I �� s�s � � STATE OF FLOR ID� i; COUTJTY OF Pr�LTvI B�iCT�: On tr�e ,� �C= - f {-� day of tiugust, 1=�..D. I957, ]�efore m�, a notary public of the State of Florida, p�rsonally app�ared I'� �N I�f E�T N I. � p 5 T� a�, an d .�. �1 �.. �� � R A� �Y i E.. . to me known and known to me t� be the Chairman and Cler� respectively of the 3oarc't of County Commissioners of the County of Palm Beach, and tney acknowledged to and before me that they executed the foregoing instrument in the na.�ne of said Board of County Com- riissioners of Palr.m Beach County, Florida, and affi�ed thereto the official seal of said County, as tne act and deed of the said County by vir�ue and authority in tnem vestea_���r the action of the members of tn� �o�rc1 of County Cor�issioners of said County. II� u11T�v'ESS ���T'rIEREOF, I:nave hereunto set my hand and official seal the day and �ear in this certificate first above written. ; ,`. � � _ � . � �" �:; � o ary Publ i c `,,� ; � - � NTy commission �xpires : _ � �"�:en� �L*,� ��� G, r,� "�;�,r�a at LargA � S � � �OSli' , . r � . ��. � OP!' $ond,•; __ ..