HomeMy WebLinkAboutMinutes_Special Meeting_07/03/1979•
MINUTES OF THE SPECIAL MEETING OF THE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA
July 3, 1y79
A Special Meeting was held by the Council of the Village
of Tequesta, at 1:00 P.M., Tuesday, July 3, 1979 in the
Village Hall, 357 Tequesta Drive, Tequesta, Florida. Council-
members present were Brown, Mapes, Ryan and Yoder. Also
present were Robert Harp, Village Manager, Cyrese Colbert, Village
Clerk and John C. Randolph, Village Attorney. Councilmember
Cook was on vacation.
Mayor Brown read the notice of the meeting stating that
the purpose of the meeting was to consider and/or approve
an Agreement between the Village of Tequesta and the Tequesta
Country Club for constructing a storm drainage system on the
property belonging to the Tequesta Country Glub. He also
announced that the Village Attorney and the Attorney for the
Country Club have been in many meetings working together on
the Agreement.
The Village Attorney told Council that the Attorney for
the Country Club and he had in fact-been in many meetings.
He said that both sides have given and taken but~both Attorneys
have come to a reasonable understanding. He also stated that
both Attorneys would recommend adoption of the Agreement to
their Clients.
The Village Council, Village Attorney, Village Manager,
the Attorney for the Country Club all reviewed the Agreement
in great detail. There was a great deal of discussion on the
Agreement and certain changes were made to the Agreement to
reflect both side's feelings, approvals or disapproeals.
A copy of the Agreement, with changes made in writing, shall
become a part of these minutes (see attached).
hZr. Bill Brennan, Country Club President, told Council
that the Country Club will change the completion date from
August 31, 179 to September 7, 1y79.
A letter f°rom 4°d. Jackson Sc Sons Contruction Company,
(contractor for the work) was typed and signed by the Vice-President
of the Company, the Village T~Iayor and the Village Clerk providing
f'or the termination of all work on this drainage project at
the direction of the Club and that the Contractor is to consult
and coordinate with the Golf Course Superintendent and the Contractor
shall incur no liability to the Village f'or acting at the direction
of the Club. A copy of this Agreement shall become part of these
t~nutes (see attached.
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A letter certifing that the drainage system was designed
to accommodate rain storms of an intensity and duration at three
~, (3) year intervals, included in the drainage computation for
referenced improvements include the present golf course area
and those adjacent areas shown on the attached Sketch A and
the present existing lines extending from the Club property
to the Loxahatchee River and to the other areas outside of the
Club are in good working order or will be placed in good working
order was written, typed and signed by the Villagers Engineer
John Wise, Gee 8c Jenson. This letter was also made a part
of the Agreement and shall become a part of these minutes.
(see attached)
Yoder moved, "its (Agreement) acceptance and along with
the Engineers letter and the letter from W. Jackson 8c Sons
Construction Company". Ryan seconded and vote on the motion
was:
Brown -for
Mapes -for
Ryan -for
Yoder -for
and therefore the motion was passed and adopted.
The meeting was adjourned at :30 P.NT.
Cyr se Colbert
Date Approve
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Howa d: ~ Brown
Leslie A. Cook
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W. Harve Mapes,,, J .
Jar s H . Ryan
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AGREEMENT
THIS AGREEMENT made and entered into this ~ day of
1979, by and between the Village of Tequesta, Florida, (hereinafter referred- to as
the Village) and Tequesta Country Club (hereinafter referred fo as the Club) .
WITNESSETH:
WHEREAS, the Village is a municipal corporation organized and existing
under the laws of the State of Florida and has among its purposes the ownership,
maintenance and operation of local storm drainage systems; and
WHEREAS, the Club is a Florida corporation which maintains within the
Village a golf course for the exclusive use and recreational purposes of the members
of the Club; and
WHEREAS, parts of the Village are without adequate storm drainage, and
portions of the existing storm drainage system are overloaded during severe
storm conditions; and
WHEREAS, the Village desires to construct on the property of the Club, par-
lions of its storm drainage systems which will consist of holding ponds and trans-
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mission lines in accordance with the plans and specifications of the Village engi-
neers, Gee and Jensen, copies of same being attached hereto; and
WHEREAS, it is necessary in order to construct such system- that the Ctub
grant to the Village a strictly limited easement for-the sale purpose of constructing {
and maintaining said system; and
WHEREAS, in consideration of the receipt of said easements the Village must
provide the Club certain assurances and agreements;
NOW THEREFORE, in consideration of the mutual covenants and agreements
to be kept and performed by the parties hereto, it 'rs agreed as follows:
1 . The Club hereby grants to the Village a limited and nonexclusive ease-
meat thereafter referrer to as "drainage easement") for the sole purpose of in-
stalling, maintaining, operating and repairing pipes, lines and other structures for
the conveyance a~ltransmission of storm drainage, as set forth in and in accordance
with the plans and specifications of the Village engineers, Gee and Jensen, said
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plans entitled "Tequesta Country Club Community Drainage Improvements", and
Pro}ect Manual, dated June 8, 1979, and drawings consisting of pages 1 through
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20 dated May of 1979, together with the following change orders which are hereby
"required by this agreement.
a. The waterway between 17th and 18th ponds is to be open.
b. There shall be•a bridge crossing-the waterway between the 17th and
18th ponds, which bridge shall be acceptable to the , in size,
appearance and design as set forth on the attached sketch.
c. The width of the 18th fairway as shown on sheet 12 of 20 sha(I be
reduced from 90 feet to 45 feet .
d. The specifications shall be deemed to include the fact that there is to
be no burning or burying of shrubs, tree stumps, or other rubbish
.all disposal must be away from the Club property.
e. There- shall be installed rip-rap at both ends of the existing connector
culvert which connects pond 16 and pond 18.
f. The four inch transite water main between 17 and ]8 shall be relocated
to the west side of 17 Green.
g. The Club relinquishes to the Village (and the Village to the contractor)
all excess fil I which may be removed except 2, 000 cubic yards which
shall be retained by the Club at the place or places to be designated
by the Golf Course Superintendent.
Said Project Manual and drawings are initialed by the parties and are attached to
this agreement.
The drainage easement herein granted shall remain in effect as long as it is
used by the Village for the specific purpose of storm water drainage and shall, at
;the option of the Club, terminate upon failure of the Village to maintain the drainage
system or cessation by the Village of use for that purpose. if there is a termination
of the easement, there shall be no termination of the obligations or liabilities of the
Village under the terms of this Agreement. I
2. The Club further grants to the Village temporary construction easements
and a temporary access easement. The temporary construction easements are desig-
Hated on the attached drawings as "temporary construction I imits" . The only tempo-
. ` rary ccnstruction access easement being granted by the-club to the Village is
;marked on the attached drawings and is located south of the maintenance building
~~ on the west side of Country Club Drive The temporary construction
easements and the access easement are for the specific and limited purpose of
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~~ a!!owing the equipment, machinery, material and personnel of the contractor hired
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by the Village to make-the drainage improvements herein described, to have access
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,~ ~ 'to said facilities, and to allow the contractor to store equipment, machinery, -and
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materials necessary for the construction on the property. The temporary construc-
Lion easements and the temporary construction access easement shall remain in
effect until all drainage improvements on the Club property have been completed or
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until.~3~u~~~~", 1979, whichever first occurs. The Village and its .contractor shall
be responsible for seeing that all such materials, machinery and equipment are
properly and safely stored. The Village agrees to indemnify and hold harmless the
Club for any damages or claims for damages arising therefrom which are not attribut-
able to the negligence of the Club.
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3. As long as the ,the Club shall pro-
`vide the Village with a right of access over the Club property at such times and at
such point or points as determined by the Club after consulting with the Village so as
to allow the Village or its designated representatives or agents access to alt portions ~.
of the drainage system located on the Club property for purposes of maintenance,rt~-
+~ and repair of the storm drainage system. Control of the pathways for these
maintenance vehicles within the Country Club grounds shall be determined by the
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Golf Course Superintendent, or the Chairman of the Green Committee in the absence
of the Golf Course Superintendent, or their respective designated representatives.
,The Village shall be responsible for and shall repair at its expense any damage whichY
'occurs on said access way or ways, or otherwise, as a result of the moving over said ~'
access way or ways of the equipment or personnel of the Village or its agents.
4. The Club agrees to allow the Village to enlarge certain ponds presentty
':existing on the Club property so as to allow said ponds to be utiltzi~d in the overall
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`drainage project for the on-site retention of water. Said ponds will be enlarged in 3
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'accordance with the specifications of the documents attached hereto. The Ctub }
`agrees not to interfere- with the use of said ponds for the purpose stated herein as F
'=-long. as the ponds and other portions of the drainage system continue to be used E
:and operated by the Village in its overall storm drainage system; provided,
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that nothing herein -shall restrict the Club from the use of such ponds for its inter-
'~~nal drainage.
'' 5. The Club agrees to allow the Village to begin construction of the drainage
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'project in accordance with the specifications of the Village engineers as set forth
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I~in the docum nts attached hereto immediately upon exeQgtion of this Agreement;
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rovided, however, the Villa e hereb holds the Club harmless from any dama es
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!~ or penalties or claims for damages or penalties which may result from commencing
;' construction prior to having all legal requirements (including permits from appro-
~~~` priate governmental agencies) granted and in full force and effect. All-work shall
proceed in the manner set forth in said specifications subject to approval by the
Club Golf Course Superintendent as to the areas of the Club property in which con-
struction shalt be allowed to proceed.. The Village agrees to promptly pay all bids
incurred as a result of the construction on the Club's property and to promptly dis-
charge any liens thereon as a result of said construction. All work shall be com-
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pleted by the Vittage in a timely manner and in no event later than ~, 1979.
This completion date is an absolute requirement of the Glub. In the event it appears
to the Club, in its sole and exclusive discretion, at any time within the 14 day
period prior to A~st~l-, 1979 that the work cannot be completed bye,
1979, the Club shall notify the Village by advising the Village Manager in writing
`' to terminate all work immediately and to immediately replace and restore such areas
involved in the project as the Club may designate. to as good or better condition ~,
than it was prior to the commencement of the work (except such areas which have been
completed and approved by the Club and except for restoration to be accomplished
pursuant to paragraph 6) whereupon the Village agrees to forthwith abide by such
request. In the event the Village fails to forthwith terminate the work with the con-
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tractor as requred by the Club, the Club may at its option terminate the work by so s
_` notifying the contractor and proceed to restoration at the expense of the Village and {
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~~` at na expense to the Club. give such notice to terminate or
notify the contractor to terminate ~ ~
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~, pe~se...t,,..~u:b:- In ttac etit..n~ ~~~c projGcL ss ~ermir:a.eu prin. t., ca:r~ple...on, t..~
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~~ Village may not commence again until June 1, 1980 and shall agree to complete the
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project no later than August 31, 1984, upon the same terms and conditions designated
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herein. if the work is not completed by August 31, 1980, then this entire agreement
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~~ shall at the option of the Club terminate.
~? 6. Completion of the project for purposes of this agreement shall mean comple=
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' ~~ tion of the installation of transmission lines, all excavation and fill as provided for
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in the specifications attached hereto, but shall not include restoration of the grass '
(and the round coverin to its on final condition. The Village agrees to allow the
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Club to complete said restoration at the expense of the Village, subject to letting '
such contract for bid to the lowest and best bidder and subject further to the restara-
tion being only to the extent necessary to bring the condition of the property back
to a condition as good as existed at the commencement of the construction. The Club
shall submit bids to at least 3 firms determined by the Club to be qualified in golf
course restoration. The Village shall pay the Club a per acre- restoration fee based
upon the bids received and number of acres requiring restoration. The funds
necessary to complete the restoration shall be paid in full to the Club by the Village
simultaneously upon completion of the restorafic}n Oncr ~ e the contract has been exe-
cuted between the Club and the contractor, the Village assumes no further responsi- ,
b'tlity for the restoration work to be performed under that contract. Provided, how-
ever, should the work be terminated by notice from or at direction of the Club as
provided for above, in Paragraph 5, then there shall be another restoration contract
for which the Village shall pay the Club if the work is thereafter resumed by the
Village on or after June 1, 1984.
7. The Club agrees that no construction ar excavation shall be undertaken
within the limited area of the easements granted herein ar the retention areas des-
cribed in the attached documents which would adversely affect the use or main-
tenance of the system described herein.
8. The Village agrees that the easements granted herein shalt be utilized
for only specific purposes and for the drainage of specific areas described in the
attached specifications, and attached engineer's. letter, which-areas are deemed to
include drainage of the Club property. The drainage,of ~ld~i ~~,i~~e~s into ar
through the proposed drainage system on the Club property is prohibited The
.fir"aiolr3~~' syster~i is desig~ec' to ha^rei!e specific ~.olumes nr quantities of water as des-
cril3ec~ in the attached letter from the Village engineer, and nothing shall be per-
milted which is ir}jcontral of the Village which would either directly or indirectly
increase these volumes so as to violate the design criteria. The Village shall be
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responsible and liable to the Club for any da agesiresulting from a violation of the
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j` design criteria of the system. Thee are presently existing fines extending from
i; the Club property to the Loxahatchee River and to other areas outside of the Club
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~ property, which lines shall continue to be used in the storm drainage system des-
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;~ cribed herein. Said lines are hereby certified by the Village to be within easements F
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~: of the Village and arw~ww~i~f+eehb~ she Village engipeer~n the tta she el oer~s~x-rw
sow ~~..~~- ri.~re, r~ o-r u,r,~11 ~Pr~~r ~ a~#~` ~~'~j~~ Via" ~z,°
'; good working order and capable of carrying the increased demanc~~.from the Club
property,
The Village shall maintain all such lines in good working condition to 'insure
the proper and satisfactory drainage of water away from the Club property.
9. The Village shall be responsible for the maintenance and operation of the
entire drainage system constructed and operated by the Village and described by the:
documents attached hereto on the property of the Club. In addition to maintenance
of the pipe lines, the "flap gates" and the entire drainage system constructed by
'the Village on the property of the Club, the Village is responsible for the removal
of silt from ponds used as holding ponds in the Village's drainage system.
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10. During the construction process and during operation of the storm drain-
age system and during any future maintenance the Village shall not impair nor
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interfere with nor prevent or hinder the proper and reasonable use and enjoyment
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of the Club property and shall not impair any access to the gaff course for the j
Club's equipment nor for use by the golfers, and all work and operations shall be
confined to the areas hereby agreed upon by both parties. Any disruption of service;
in the irrigation system occurring during construction or future operation or
"maintenance shat! be repaired at the expense of the Village and such repair shall
be made immediately~so as not to disrupt the irrigation system
During construction, the necessary work in this regard shall
'" be done by the contractor, and thereafter the necessary work will be done by the
':' Club. Regardless of whether such service to the irrigation system is done by the
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' ::antract.~r or by the Cluh,, it shall in both cases be done ai the expense of and shalt
paid far by the Village. Routine maintenance and emergency maintenance shall be
completed as soon as possible. Coordination of access and timing of all maintenance
shall be directed by the Golf Course .Superintendent or other duly authorized repre-
sentative of the Club.
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'. 11 . The Village agrees to indemnify and hold the Club harmless and to defend
the Club and pay all expenses incident to such defense from any and all claims of
• `third parties arising from or claimed to be as a result of the insufficiency or failure
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of the system or the negligence of the Village in the maintenance, operation or
construction of said system. The Village is not responsible, however, for liabilities
or claims arising from the negligence of the Club in the maintenance of its property
or in the intentions! or negligent interference with the drainage system~7on the pro-
f,%..a~i'~_3(` P f`~`' /~~'~Z. I~~22~ / ~~ 1....c~/-1~`--`~J~~/~sr.~'%~~`/~ ~r~K.~~t~ ~~
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12. The Club warrants and defends that it has good indefeasible fee simple
title to the real property in respect of which the easement rights are granted and the
easements contained herein shall run with the land and shall be binding upon and in-
ure to the benefit of any other governmental agency or entity into which the Village
might be merged or consolidated.
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• 13. In any litigation arising out of this contract, the prevailing part shat!
be entitled to the recovery of all costs and expenses, including attorneys fees at
alf trial and appellate levels.
14. The Club shall not be liable to the Village or any third parties for failure.
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of the system to operate properly, nor for any damages caused by the storm drainage F
system, except as may be occasioned by the negligence of the Club in the maintenance
of its property or in the intentional or negligent interference with the drainage system
~ ~ f.S /`-''~ ~ l`~=~z` ~'rr~z~7 ~,~.r` ~== Vic- ~ ~ ~'3 ~,;7~
an the property • ,~•c~->;r~~,~ fZ? ,~j.~ --,- ,, ~f ~ ~ -"
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ctorfier~eb~r-•-1~e~ins-tr-~-tla.e_e~cecutian~.ihis_ag~ee~ret~-t-€ar-~he~
.-put~pose~f-asserrting-to-its-terms; ~-agreeing-ta-abide-by--thud-ireet~ion_.of'the-Etub
rec~ard.~.~.g.~e.rmir-at+on; -and°-agreeing--that-~tk~e~terms_.o~tk~is-/#greerr~e~tt--sha~{~-ta-ke-
er~t~r-aEt-~rnrkrief+-t~Ne~n.tcastor.._.has~u.itlzthe~illage_
l,~The Village agrees to reimburse the Club for the cost of all trees to be
';replaced which will be destroyed. It is estimated that there will be 60 to 6S such
' trees and that the Club will be reimbursed at the rate of $60.00 per each tree
destroyed. The $60.00 per tree shall paid by the Village directly to the Club for use
by the Club as it may deem appropriate. ~
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.~~': Subsequent to completion of construction, Village shall have access to
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Club property for purpose of instal I ing I fines from off-club property to -the ponds:
This will not interfere with play on the golf course .and shall be as directed by the
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-Golf Course Superintendent.
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`' 18. Even though it is provided by the terms of this Agreement and by the
plans and specifications attached hereto that the Club, through its Golf Course
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,'Superintendent, may coordinate phasing of improvements, direction of access points
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`' and times and otherwise, it is clear that the Club has no control over engineering
specifications and materials used in the drainage system and that said decisions are
to be made solely by the Village through its engineers which shall be free from any
interference in said regard from the Club.-
Witnesses:
>Witnesses:
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TEQUESTA COUNTRY CLUB
B'i •~
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Presiden#
ATTEST:
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VILLAGE OF TEQUESTA
By
.Mayor
ATTE
Village Clerk
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