HomeMy WebLinkAboutDocumentation_Regular_Tab 04_02/08/2018 Village of Tequesta
345 Tequesta Drive ,"- ��� " ' S61-768-0700
Tequesta,FL 33469 www.tequesta.org
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TEQUEST� PUBLIC�,�IORKS DEP�RT�IENT 1�1E�vIOR�NDli�vI
To: i��ichael R. Couzzo, Village i�ianager
From: Douglas 1�I. Chambers, Public Works Deputy Di�ector
Subject: 483 Seabrook Road Vacant Lot Indemnification Document
Date:January 23, 2018
The following Agenda item references DP Development utilizing the Village owned vacant lot at
483 Seabrook Road as a staging area for construction materials.
DP Development is working on a Storm Water Drainage Project for the Utility Department on
Fiesta Drive. DP Development will store storm pipe, materials, heavy equipment, soil and sand.
The duration of the project is 1 month.
There is no compensation for the use of the vacant lot however; DP Development will ensure the
property is restored to its original condition. The indemnification document describes the full
terms and conditions for the use of the Village owned lot.
Douglas M. Chambers
Deputy Director Public Works
Village of Tequesta
Vice-�ta}-or Frank ll'.�mbLa �favor_�1bby Brennan Council�Iember Tom Patemo
Council`tember Ste�•e Okun Council�Iembet Vince_�.rena
�"IDage�Ianager Vlichael Couzzo
VILLAGE OF TEQUESTA
AGREEMENT FOR INDEMNIFICATION RELATED TO }��,
PROPERTY ACCESS �
TI�IS AGREEMENT FOR INDEMNIFICATION RELATED TO PROPERTY � �
Ci��::�,w
ACCES S, hereinafter "the Agreement", is entered into and effecrive this !o day of�e�i�a� .�
2018,by and between the V IL L A G E O F T E QU E S T A, a Ftorida municipal corporation with
offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter"the Village";
and DP DEVELOPMENT OF THE TR.EASURb COAST, LLC, a Florida limited liability
company> whose office is located at 1014 S. Congress Avenue, Palm Springs> Florida 33406,
hereinafter"the Contractor"; and who are collcctively referred to herein as"the Parties".
WITNESSETFI
The Parties, in consideration of the mutual covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the
Parties, hereby agree as follows:
1. USE OF THE VILLAGE'S LAND BY THE CQNTRACTOR FOR EO[IIPI�IENT
STAGING: The Village hereby authorizes thc Contractor to use the Village's property
located 483 Seabrook Road, Teques[a, Florida 33469 for the sole purpose of staging heavy
construc[ion equipment and approved rnaterials during the comptetion of the Contractor's
work related to the Fiesta Drive road and drainage project. The Contractor shall use the
Village's property located 483 Seabrook Road,Tequesta, Florida 33469 pursuant to direction
from the Village's Deputy Public Works Director. A diagram depicting the general use
pararneters shall bc attached to this Agreement as Exhibit "A". A list of the heavy
construction equipment and approved rnatcrials to be kept on the Village's property located
483 Seabrook Road, Tequesta, Florida 33464 shall bc attached to this A�eement as Exhibit
"B". The Contractor is prohibited from keeping, storing, dumping or placing any
unapproved fill, coastruction materials, debris, any petroleum based products, fuel, oil or
other environmentally hazardous materials on the Village's property. The Contractor is
solely and completely responsible for the proper handling and storage of all equipment and
matenals on the Village's properiy. At the conclusion of this Agreement, the Contractor
shall immediately return the VilIage's property to the same condition it was in prior to the
AGRHfi�1T FOg INDBHa`JIFICATiON RHLATSD TO P$OPTsETY ACCBSS
�'S IISC �� 1�'S gI{f�B�T � �Sb�.j76 SD����++�+�++�
�6�T�O�jB�[���'�1����s�
Z. P�C`�BSOBIl�TG P�OP�T�S: F�ess aad e�S Sdivit9 to �d from the Yillage's
pmpacty shail.be lm�ibed ia the T�oms of 8:OD am�.5:00 pm,MondaY thmugh F�ay
No m�af�a��als shaII oaa�r o�tside�ese tmaeframes. In�e eveat
� ffi9 �J�� P�'P�9 to �e V�Iage's P�a�[Y is �d in say we.Y vY �
C:on�aaba�'s nse of �e V'illage's ProPe�tY� �e Ca�ntrac�or shell. be sa�ely liable and
r�o�le£�r�g same a►a timely man�er and.slmIl prnceed ia ca�om.of snch
repaa wa� m goad. �. The Ca�.ac�a� s1mIl be solely liable and resga�ble foz
�g aay eava�nme.Nal d�age tg saY a�P�-
3. C'O�rT�-'i'jON: Theae�no mo�ry c�ssso�wifh this Ag�e�. It
is ad�Owl�g�l aad 8�b9�P��es that both benef�t fr8m the Contr�ctor's�arf S�e
v-��$p�e�ty as�lat�d hst�o.smce s�h ttse w�l�ilitabe�e c�ampletioa af�e
F'u�a.I]ritie ro�d aad c�age P�.1� �
4. Il�fiOBANCB.AL�ID Il�ID�CA'�T�NN Tl� C� sball main�ia w�an's
�msmsflc�.,a�bale ins��d c�isi g�i Iiab�ty�s�ce ia
�deemed�Y t��e V�a�'s Dep�Y Pablic Wa�ks Direcfia��d.shari name
�e'�i7lage as an addi�io�al insured oa a111iab�ity m�policies that apply to ti�e Fi�sta.
I3ti�ve�o�d and�e p�o3ec� 1�e Coatracbn�r sbaIl at aIl t�nes in�if9� de�d and
lmld l�s @be V'iIlag�e,�s age�s,s�vmm�,and emplo3�ees,fm�aod a�aiost�y da�,
demaa�d�can�e of actio�of w�eer kmd a�n�uce,arismg a�of�.y e�'o�a�u�,
�ac�con,�ar�a��e Camtracbo�as�=especti.ae egenLs,�a�
e�loqe�m$be pa�mce ad8�e Fie.sta Drive r�d and draamge pa�ojec�or�e uss oPt�e
qs'llage's�ty as c�o�be�p�ed}�+em.
5. �TION:NOTICC: This Agreemeot shaIl ajrtom�lly te�ina�e upa� S�e
comapletiaa of the Fi�a.I3ri.v�r+o�.aad�ge pmujed. Zhis Agc�ma�t may ofl�wise be
�uY ffiY�Y���9��)�R'��ce to�te ot�er Psfies. Na�:i,ce sbaIl
Pag�2 of3
AGREEMENT FOR INDEstiINIFICATION RELATED TO PROPERTY ACCESS
be considered sufftcient when sent by certified mail or hand delivered to the Parties during
regular business hours ax the following addresses:
As to THE VILLAGE As to THE CONTRACTOR
Village of Tequesta DP Development of the Treasure Coast,LLC
345 Tequesta Drive 1014 S. Congress Avenue
Tequesta„Florida 33469 Palm Springs,Florida 33406
Atm:Deputy Public Works Director Attn:Pat Borrico
6, AMENDMENTS&ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and
required insurance certificates constitute the eatire a�eement and understanding between the
Parties; no modifications shall be made to this Agreement unless in writing, agreed to by the
Parties, and attached hereto as an addendiun to this Abreement. The Contractor shall not
transfer or assign the rights granted to it in this Agreement without prior writtcn conscnt of
the Village.
IN WTTNESS WHEREOF,the Parties heret�have executed this Contract the date and year
first above written.
WITNESSES: DP DEv�LOPMENT OF THE TREASURE
COAST,LLC
Pat,Sorrico,lZanaging Member
(Corporate Seal)
ATfEST: VIIILAGE OF TEQUESTA
�\\Na��1MNINMpMr...' •
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�',���1�.C.P��.�. r,�'qC��'���Q �,
Lon McWilliams,MMC�u`� ��' hael Couzzo,Village 1�Ianager
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Village Clerk =�� �;�y-
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AGREEMENT fOR INDEMNIFICATION RELATED TO PROPERTY ACCESS
be considered sufficient when sent by certified mail or hand delivered to the Parties during
regular business hours at the following addresses:
As to THE VILLAGE As to THE CONTRACTOR
village of Tequesta DP Development of the Treasure Coast,LLC
345 Tequesta Drive 1014 S.Congress Avenue
Tequesta,Florida 33469 Palm Springs,Florida 33406
Attn:Deputy Public Works Director Attn:Pat Borrico
6. AiyiENDMEIVTS &ASSIGNyiENTS:This Agre«neat, all Exhibits attached heroto, and
required insurance certificates constitute the eatire agreement and understanding beta+een the
Parties;no modifications shall be made to this Agrccment unlcss in writing, agrced to by the
Parties, aad attached hereto as an addendum to this Agreement. The Coatractor shall not
�ansfer or assign the rights granted to it in this Agreemcat without prior written consent of
the Village.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the date and year
first above written.
WITTiESSES: DP D�VELOP�IE�T UF THE TR�.�iSL�
�O�T,�C
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" : 'i -,.Pa ,� o�rrico,� anaging Mem���`,����:9�'G:
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ATTEST: VII.LAGE OF TEQUESTA ��`������``��
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Lori McWilliazns,MMC Michael Couzzo,Village Manager , �
Village Clerk
(Seal)
Page 3 of 3
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PUBLIC RECORDS. In accordance with Sec. 119.0701, FMrldo .Statutes,
CONTRACTOR must laeep and mairrtain tfiis Agreemerrt and any other
records associated therewith and that are assoaated with the
perfom►ance of the work described in ifie Proposal or eid. Upon request
from the Vllage's custodian of pubfic records,CONTRACTOR must provide
the Village with copies of requested records,or al{ow such records to be
inspected or copied,within a re-asonable time in accordanoe with access
and cost requireme�ts of Chapter 119, Horida Statutes. A CONTRACTOR
who fails to provide the pu6lic records to the vllage,or fails to make them
available for inspection o� copying, withm a reasonahle time may be
subject to attome�s fees and costs pursuant to Sec. 119.0701, Florido
Stahr�s,and other penatties under Sec.119.10,Florido Stoivtes. Further,
CONTRACI'OR shall ensure that arry exempt or confideritial records
associated witfi this Agreemetrt or associated with the perfonnance of the
work descri6ed in the Proposal or Bid are not disdosed except as
authorized by law for the duration of the Agreement term,and following
completlon of the Agreement if the CON'fRACTOR does not transfer the
records to the Village. Finally, upon completion of•the Agreemerrt,
CONTRACTOR shall transfer,at no cost to the Village,all public records in
possession of the COAI7RACTOR, or keep and maintain public records
required by the Village. if the CONTRACTOR transfers all publ"tc records to
the Vllage upon oompletion of the Agreemetrt, the CONTRACfOR shal[
destroy any duplicafie publtc records that are exempt or oonfidential and
exemptfrom public records d'tsdosure requiremerrts. FFthe(bNTRACTOR
keeps and mairrtains public records upon aompletion of the Agreemen�
the CONTRACTOR shall meet all applicable requiremerrts for retaining
public records. Records ifiat are sfiored electronically must be provided to
the VILLAGE, upon request from the Vllage's custodian of public records,
in a famat that is compatibie with the Village's information technology
��• '
IF C0111TRACTOR HAS QUESTIONS REGARDING THE
APPUCATION OF C�iAP'TER 119, FLORIDA STATUTES, TO
CANTRACI'OR'S DUTY TO PROVIDE PUBUC RECORDS
RELATING TO THlS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561)76&0655, OR AT Imcwiltiams@teauesta.or�. OR AT 345
TEQUESTA DRIVE,TEQUESTI�FLORIDA 33469.
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COMPREHENSII/EANAL YSIS
To: Michael R. Couzzo, Village Manager
From: Debra Telfrin, Executive Assistance
Date: 01-23-2018
Re: FEC ROW, LLC and Village of Tequesta
Real Estate Lease Renewal (File#281-1.2a)
I respectfully present the following memorandum to the Village Manager.
Real Estate Lease (File#281-1.2a) between the Village of Tequesta and FEC ROW,
LLC will renew for an additional 12-month period effective January 30, 2018. The
rental rate for the item will increase by 5% therefore the annual rental rate for the
renewal term will be $ 3,879.75, plus all sales or use taxes levied by the
governmental body for the use or occupancy of the lease premises.
Thank you.
rrV �`�C RO VV LL C FEC ROW LLC
�
7411 Fullerton Slreei,Suite 361�Jacksonville,FL 32256
www.fecrvey.comlreal-astaEe-se rvices
December 18,2017
Michael R.Couuo 3r.
Viflage of Tequesta
345 Tequesta Drive
Teques[a,FL 33469
Re: Real Estate Lease(FiEe#281-1-2a)dated 1/30/2006 by and between FEC ROW, LLC formerly known as FdG
Flagler Station Il, LLC,as Lessor("Lessor')and Village of Tequesta,as Lessee("Lessee")
Dear Mr.Gouzzo:
We are writing to inform you that the terms of tf�e referenced lease provide you the option to renew the Lease for
an additional 12-month period(the"Renewal Term"j,provided you notify the Lessor prior to the end of the
current term. To expedite your exercise of this option,we have pravided below a place for you to acknowledge
exercising this option by returning a signed copy of this letter.
If you choose to exercise your option,your Lease wiil be renewed effective January 30,2018 and extend through
January 29,2019. Also,in accordance with Section 2,the rental rate for the term immediately preceding the
Renewal Term will be increased by 5%;therefore your new annuaf rental rate for the Renewai Term will be
$3,879.75,pfus all sales ar use taxes levied by any govemmental body for the use or occupancy of the Leased
Premises. All other terms and canditions of the Lease shafi continue to be in effect during the Renewal Term. in
anticipation ofyour renewal,you will be receiving an invoice for the Renewal Term.
ff you do not intend to exercise your option to renew this Lease,please do not retum a copy of this letter and
instead please refer to the provisions of Paragraphs 13 and 14 of your Lease which advise you of your obligations
and requirements for termination.
Please return a copy of this letter signed and dated below,acknowledging and exercising your option to renew the
Lease,to my attention at the address written above.
!f you have any questions, please contact me at 904-538-6259 or Erich.SmithC fecrwv.com.
5���� --
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Erich Smith
Lease Administration Manager
ACKNOWLE� ED AND ACCEPTED:
This 1 day of C���w "Z01
By: �
Print Name and Ttle �
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florido Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid. Upon request
from the Village's custodian of public records,CONTRACTOR must provide
the Vllage with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirementr of Chapter 119, Florido Statutes. A CONTRACTOR
who fails to provide the public records to the Village,or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attome�s fees and costs pursuant to Sec. 119.0701, Florida
Stotutes,and other penalties under Sec.119.10,Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidential records
associated with this Agreement or associated with the perFormance of the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement ff the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of •the Agreement,
CONTRACTOR shall transfer, at no cost to the vllage, all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Vllage. If the CONTRACTOR transfers all pubfic recordsto
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Vllage's custodian of public records,
in a format that is compatible with the Village's information technology
systems. •
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
^ CONTRACTOR'S DUTY TO PROVIDE PUBUC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT Imcwilliams@teauesta.or�. OR AT 345
TEQUESTA DRIVE,TEQUESTA, FLORIDA 33469.
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emo
Ta AAay�nr&+enrran,AAr.Co�o and V�lage Cand AAembers
Fron� Chief Med'ma ���qG��
Dat� January 12,2018
� �S�Y�
Teque�a F'Re-Rescue would Ike to par�Cipa�e in a Fue Safety IlAagnet pmgram. There
is no rela�ed cost to the V�ge. The c�ost is absorbed by the r�endors who agree iv
Participa�e. The execuhon of the Distnbu6on Agreement would enable these magnc�s
to be prepar+ed witfi The V�fage of Tequesia and Teques#a Fir�Re�xie bgos and
d'�ubed throughout the Vitlage. The magnefs cor�fain Qnporhant emergency medical
conhad'mforrrra6ion which each resident can fili in and post on theQ r+efiigerabor,as w�eA
as our F're Adm�afi�r�phone number and 919. This is another good opport�mi�jr to
reach a.�bo the commt�ity and assist our residenls in ah�rays beincJ P�-
Thank�nou for your aonsideration.
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2450 Maitland Center Parkway Sui#e 303
Maitland, F!3275Z
Phone:407.990.1600
Fax Completed Form to 309.215.2327 or Emai!to tammy@firesafetymagnets.com
Distribution Agreement
The Information provided below is for Ehe use of the Fve Safery Magnet Program only.All Information provided is confidential and will
not be maAceted to any other individual or organiza6on urtless othervvise authorized by the fire department listed below.The below
signed states ihey undersNand that the fire magnets will be shipped to the flre departmern s#ated below FREE OF CHARGE,Signature
below also states that they will distribute the Rre Safety Magnets to the communiiy as they see fit to enhance fire safery.The below
signed also state that they undeistand that community businesses will pay a fee to be pmmoted on the Fire Safety Magnets.The fee
pald by these businesses enables the Fre Safeiy iVlagnets to be supplied to the below signed�ire department FREE OF CHARGE.
Denartment Information
De arcment Name: v i - U� � e �'S �l�C� �s C�� �
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Contatt Name:
l S _ _ ,�.��� Please Check ane:
Address: ��� �� u �S� ��l U � �OK for Community to
,I Contact Me To Verify This
Crty: I�j(A�S��. State/Province: _� Z'ip: j3'i" b� Program
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Pflorte: S�(l�'��D� ���� Fax: � iv l-� ��0 �� �
Email: J.,JTL I I�.S � y l �,STO` • t,'���
� �Have Communiiy Contact
Name:
StGNATURE for Dist:ibution A¢�eement To Verify This Program
Prini: _�!C{'1(.�2L. I� � �(,( zZ p . J 2. Title:
Authorized Signature:
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ALL RIGHTS RESERVED. FIREHOUSE PROMOTIONS,INC.
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
perFormance of the work described in the Proposal or Bid. Upon request
from the vllage's custodian of public records,CONTRACTOR must provide
the Vllage with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village,or fails to make them
available for i�spection or copying, within a reasonable time may be
subject to attorne�s fees and costs pursuant to Sec. 119.0701, Florida
Statutes,and other penalties under Sec.119.10,Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidential records
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of•the Agreement,
CONTRACTOR shall transfer, at no cost to the Vllage,all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Vllage. If the CONTRACTOR transfers all public records to
the vllage upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Vllage's custodian of public records,
in a format that is compatible with the Village's information technology
systems. •
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 76&0685, OR AT Imcwilliams@teauesta.or�. OR AT 345
TEQUESTA DRtVE,TEQUESTA, FLORIDA 33469.