HomeMy Public PortalAboutLittle Club Agreement & Modifications- - --.11---- w nU. ODZ r.
MODIFICATION TO AGREEMENT
WHEREAS, the TOWN OF GULF STREAM, FLORIDA (hereinafter referred to as the
"Town"), and THE LITTLE CLUB, INC., of the Town of Gulf Stream, Florida (hereinafter
referred to as the "Little Club"), entered into an agreement dated January 11, 2003; and
WHEREAS, the parties wish to amend the Agreement.
NOW, THEREFORE, the parties hereby amend the Agreement at paragraph 3 to
read as follows:
"3. The Town hereby agrees to pay to the Little Club $2,000.00 per
year in support of this activity to compensate the Little Club for recurring and
nonrecurring expenses related to the Town's share of expenses for the
maintenance, operation and repair of said drainage system."
The Agreement of February 11, 2003, other than as modified herein at paragraph 3,
shall remain in full force and effect.
IN WITNESS WHEREOF, the Town and the Little Club have executed this
Modification to Agreement as of the date first above written.
Signed, sealed and delivered in the
presence of -
Witness
Witness
Witness
Witness
TOWN OF GULF STREAM, FLORIDA
By
Mayor
Attest:
Town Clerk
THE LITTLE CLUB
By
President
•Gv-t§-d-- �trQ-rte. �.tr /��'� ��Cu�
(f R.�& T
AGREEMENT
THIS AGREEMENT entered into as of this \\ day of , 2003, by
and between the TOWN OF GULF STREAM, FLORIDA (hereinafter referred to as the "Town")
and THE LITTLE CLUB, INC., of the Town of Gulf Stream, Florida (hereinafter referred to as
the "Little Club").
This contract is entered into based on these facts:
WITNESSETH, That
WHEREAS, the Town and the Little Club each have a need to accommodate storm
water drainage; and
WHEREAS, the Little Club owns various equipment and facilities used for the
purpose of addressing drainage requirements for the Little Club and the Town; and
WHEREAS, the Town and the Little Club, for over thirty years have enjoyed a
relationship of close mutual support and cooperation.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. The foregoing recitals are true and correct.
2. The Little Club agrees that it shall provide to the Town for a period of twenty
(20) years from the execution of this contract the benefit of the use of the equipment and
facilities which the Little Club possesses and uses in its drainage control system.
3. The Town hereby agrees to pay to the Little Club $4,500.00 per year in support
of this activity to compensate the Little Club for recurring and non-recurring expenses
related to the Town's share of expenses for the maintenance, operation and repair of said
drainage system. This sum shall be revised annually in accordance with the Consumer
Price Index and shall be paid on October first of each year.
4. The Little Club shall maintain an accounting of expenditures for its drainage
system on a cumulative year-to-year basis. The Little Club's accounting in regard to said
expense may be inspected by the Town on thirty days notice.
5. This contact is based on the present requirements of the party's with regard
to drainage facilities and shall be renegotiated in the event either party's requirement
changes substantially during the term of this contract.
6. The Little Club may cancel this contract in the event the Town fails to make
the payments required hereunder. In the event the Town's drainage requirements or
systems change substantially, it may cancel this contract upon six (6) months notice to the
Little Club.
7. In the event the Little Club sells or substantially changes the use of the
property upon which the drainage system is located, it may cancel this contract upon six (6)
months notice to the Town.
8. The Town acknowledges that the Little Club has not made any representation
to it concerning the adequacy of said drainage system, and the Town agrees that it will take
no action against the Little Club arising out of inadequacy of its drainage system.
9. In the event of unanticipated circumstances, either party may approach the
other to renegotiate this contract.
IN WITNESSETH WHEREOF, the Town and the Little Club have executed this
agreement as of the date first above written.
in
TO N OF GULF STREAM, FLORIDA
Mayor
Attest:
Town Clerk
THE LITTLE CL B, INC.
�4 B
Presiden
AGREEMENT
THIS AGREEMENT entered into as of this _I day of
(,dd-i2 , 1992, by and between the TOWN OF GULF STREAM,
FLORIDA (hereinafter referred to as the "Town"), and THE LITTLE
CLUB, INC., of the Town of Gulf Stream, Florida (hereinafter
referred to as the "Little Club").
This contract is entered into based on the following facts:
WITNESSETH, That:
WHEREAS, the Town is in need of additional drainage
facilities; and
WHEREAS, the Little Club owns and is presently using an
electrical pump which has a capacity in excess of the Little Club's
present drainage requirements.
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. The Little Club hereby agrees that it shall provide to
the Town for a period of ten (10) years from the execution of this
contract use of the electrical pump and drainage facilities
connected thereto now in its possession for use by the Town as a
drainage facility.
2. Such a use shall be limited to the capacity of the pump
and drainage facilities in excess of the needs of the Little Club.
3. The Town hereby agrees to pay as its prorata share of the
use of such facilities, a base of forty-three percent (430) of the
cost of operation, maintenance, repair and replacement of the
drainage facilities including the electrical pump, culvert and any
other items necessarily connected to or a part of the drainage
facility. In recognition of the fact that one lot which is subject
to the terms of this agreement is vacant, the Town agrees to pay to
the Little Club, as the Town's prorata share, an additional two
percent (2%) for the lot when a dwelling is constructed. In no
event shall the Town pay a prorata share in excess of forty-five
percent (45%) of the cost of operation, maintenance, repair and
replacement of the drainage facilities. The cost of use shall
include reasonable depreciation expenses of the pump and other
depreciable components of the system. Cost of replacement shall
include purchase price and installation and labor charges for any
of the components replaced due to damage, wear, accident, or any
other cause.
4. The Little Club hereby agrees to pay as its prorata share
the remaining fifty-seven percent (57%) of the cost of operation,
maintenance, repair and replacement of the drainage facilities,
including the electrical pump, culvert, and any other items
necessarily connected to or a part of the drainage facility, said
amount to be reduced by two percent (2%) when a dwelling is
constructed upon the one remaining vacant lot. In no event shall
the Little Club's prorata share be less than fifty-five percent
(55%) of the cost of operation, maintenance, repair and replacement
of the drainage facility.
5. All costs of operation, maintenance, repair and
replacement of the drainage system shall be ordinary and
reasonable. All costs of maintenance, repair, or replacement shall
be reported by the Little Club to the Town in monthly intervals.
2
The Town shall inform the Little Club of any expense it determines
to be unreasonable and the parties shall at that time attempt to
negotiate to determine reasonable expense. In the event agreement
is not reached after thirty (30) days, the parties shall submit the
controversy to arbitration.
6. This contract is based on the present requirements of the
parities with regard to drainage facilities and shall be
renegotiated in the event either party's requirement changes
substantially during the term of this contract.
7. In the event the Little Club sells or substantially
changes the use of the property upon which the drainage system is
located, it may cancel this contract upon six (6) months notice to
the Town.
8. In the event the Town's drainage requirements or systems
change substantially, it may cancel this contract upon six (6)
months notice to the Little Club.
9. The Town acknowledges that the Little Club has not made
any representation to it concerning the adequacy of said drainage
system and the Town agrees that it will take no action against the
Little Club arising cut of the inadequacy of the above described
drainage system.
01
IN WITNESS WHEREOF, the Town and the Little Club have executed
this Agreement as of the date
STATE OF FLORIDA
COUNTY OF PALM BEACH
first above 1/w�Sriitten.
BTO OF �R�, 3
y G
Mayor
Attest
Town Clerk
THE LITT E CLUB INC.
By_ w
Its:
The foregoing instrument was acknowledged before me this
9th day of October , 1992, by WILLIAM KOCH, JR. and RITA
TAYLOR, the Mayor and Town Clerk respectively of the Town of Gulf
Stream, Florida, who are personally known to me or who have
produced as > en > aca ion and who did
(did not) take an oath.
e-
STATE OF FLORIDA
COUNTY OF PALM BEACH
Signature of Notary Public
12ohPrtS hu 1tz
Printed name of Notary Public
C Cc 7y.i/P
Commission Number
N6fd:2Y PWILTC,5 OF PLMADA.
MY CONZHSSIOPo EXPIRES: Jan. 27, 1995.
BONDED TRRU NOTARY PUBLIC UNDERWRITERS
The forego -n instrument was acknowledged--rr--before me this
Aj day of 0tC 1992, by safe P. /'07� as
rrS dviiT- of The Little Chub, Inc. who is per�on-TT
known to me or who has produced as
identification and who did (did not) take an oath.
�MM—A
r
name
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on Nu
JCR\13147-01\LITTLECL.AGR
1. 1
21. 1994,
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Ar_oEEnnrnIT
THIS AGREEMENT entered into as of this 8TH day of
QcmpF _, 1982, by and between the TOWN OF GULFSTREAM, FLORIDA,
(hereinafter referred to as "the Town") and THE LITTLE CLUB, INC.
of I. h(, Town of Gulr:treani, IIorida (hereinarrer v-vrprrc(1 to a,
"the Il.l.le Club").
facts:
This contract is entered into based on the following
WITNESSETH, That:
WHEREAS, the Town is in need of additional drainage
facilities; and
WHEREAS, the Little Club owns and is presently using
an electrical pump which has a capacity in excess of the Little
Club's present drainage requirements.
NOW, THEREFORE, the parties hereto do mutually aeree
as follows:
1. The Little Club hereby agrees that it shall provide
to the Town for a period of ten (10) years from the execution of
this contract use of the electrical pump and drainage facilities
connected thereto now in its possession for use by the Town as
a drainage facility.
2. Such a use shall be limited to the capacity of the
pump and drainage facilities in excess of the needs of the Little
Club.
3. The Town hereby agrees to pay as its prorata share
of the use of such facilities, a base of 35 percent of the cost
of operation, maintenance, repair and replacement of the drainage
facilities including the electrical pump, culvert and any other
items necessarily connected to or a part of the drainage facility.
In recognition of the fact that five lots which are subject to
the terms of this agreement are vacant, the Town agrees to pay
to the Little Club, as the Town's prorata share, an additional 2;S
for each lot upon which a dwelling is constructed. In no event
shall the Town pay a prorata share in excess of 45% of the cost
of operation, maintenance, repair and replacement of the
drainage facilities. The cost of use shall include reasonable
depreciation expenses of the pump and other depreciable com-
ponents of the system. Cost of replacement shall include purchase
prier anti inst.allafion rind lahor 01,11. (If," for any of 1. 111, compunrnL"
replaced due to damage, wear, accident, or any other cause.
4. The Little Club hereby agrees to pay as its prorata
share the remaining65' percent of the cost of operation, maintenanc
repair and replacement of the drainage facilities, including the
electrical pump, culvert, and any other items necessarily connectec
to or a part of the drainage facility, said amount to be reduced
by 2 for each one of the five lots, upon which a dwelling is
constructed. In no event shall the Little Club's prorata share
be less than 55`S of the cost of operation, maintenance, repair
and replacement of the drainage facility.
5. All costs of operation, maintenance, repair and
replacement of the drainage system shall be ordinary and reasonable
All costs of maintenance, repair, or replacement shall be reported
by the Little Club to the Town in monthly intervals. The Town
shall inform the Little Club of any expense it determines to be
unreasonable and the parties shall at that time attempt to negotiat
to determine reasonable expense. In the event agreement is not
reached after thirty (30)days, the parties shall submit the con-
troversy to arbitration.
6. This contract is based on the present requirements
of the parties with regard to drainage facilities and shall be
renegotiated in the event either party's requirement changes
substantially during the term of this contract.
7. In the event the Little Club sells or substantially
changes the use of the property upon which the drainage system is
located, it may cancel this contract upon six (6) months' notice
to the Town.
-2-
4
8. the Town acknowledges that the Little Club has
not made any representation to it concerning the adequacy of said
drainage system and the Town agrees to defend and hold harmless
the residents against said Club arising out of the use of the
above described drainage system by the Town.
IN WITNESS WHEREOF, the Town and the Little Club have
executed this Agreement as of the date first above written.
Attested
Deputy T wn\CTerk
Attested by:
By
( gr,own r—ofGuIftream
Com issioner
i
Commissioner "
Commissioner
THE LITTLE,�CLUB, INC.
B y' CL
'resident
`----------
14
- --14 & � a � 1 , •Gi - o ��
Vice President — r
-3-
AGREEMENT
THIS AGREEMENT entered into as of this 8th
day of MTARCH , 1974, by and between the
TOWN OF GULFSTREAM, FLORIDA, (hrerinafter referred to as
"the Town") and THE LITTLE CLUB, INC. of the Town of
Gulfstream, Florida (hereinafter referred to as "the Little
Club")
This contract is entered into based on the
following facts:
WITNESSETH, That:
WHEREAS, the Town is in need of additional drain-
age facilities; and
WHEREAS, the Little Club owns and is presently
using an electrical pump which has a capacity in excess
of the Little Club's present drainage requirements.
NOW, THEREFORE, the parties hereto do mutually
agree as follows:
1. The Little Club hereby agrees that it shall
provide to the Town for a period of ten (10) years from
the execution of this contract use of the electrical pump
and drainage facilities connected thereto now in its pos-
session for use by the Town as a drainage facility.
2. Such a use shall be limited to the capacity
of the pump and drainage facilities in excess of the needs
of the Little Club.
3. The Town hereby agrees to pay as its prorata
share of the use of such facilities 45 percent of the cost
of operation, maintenance, repair and replacement of the
drainage facilities including the electrical pump, culvert
and any other items necessarily connected to or a part of
the drainage facility. The cost of use shall include reason-
able depreciation expenses of the pump and other depreciable
4
components of the system. Cost of replacement shall include
purchase price and installation and labor charges for any
of the components replaced due to damage, wear, accident,
or any other cause.
4. The Little Club hereby agrees to pay as its
prorata share the remaining 55 percent of the cost of opera-
tion, maintenance, repair and replacement of the drainage
facilities, including the electrical pump, culvert, and
any other items necessarily connected to or a part of the
drainage facility.
5. All costs of operation, maintenance, repair
and replacement of the drainage system shall be ordinary
and reasonable. All costs of maintenance, repair, or re-
placement shall be reported by the Little Club to the Town
in monthly intervals. The Town shall inform the Little Club
of any expense it determines to be unreasonable and the
parties shall at that time attempt to negotiate to determine
reasonable expense. In the event agreement is not reached
after thirty (30) days, the parties shall submit the con-
troversy to arbitration.
6. This contract is based on the present require-
ments of the parties with regard to drainage facilities
and shall be renegotiated in the event either party's re-
quirement changes substantially during the term of this
contract.
7. In the event the Little Club sells or sub-
stantially changes the use of the property upon which the
drainage system is located, it may cancel this contract
upon six (6) months' notice to the Town.
8. The Town acknowledges that the Little Club
has not made any representation to it concerning the ade-
quacy of said drainage system and the Town agrees to defend
1
-2-
and hold harmless the residents against said Club arising
out of the use of the above described drainage system by
the Town.
IN WITNESS WHEREOF, the Town and the Little Club
have executed this Agreement as of the date first above
written.
B
L-+Myor - Town of Gulfstream
Commit Toner
Attested by:
Co r
issionet /7
t )nri.j� . Lot 1 6l�
0
Attested by:
THE LITTLE CLUB, INC.