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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 )-2 �- on Nu JCR\13147-01\LITTLECL.AGR 1. 1 21. 1994, 4 00NDLZ-T:n?a > r �rzv c�.__r.; maurv:n;TCso. 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.