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HomeMy WebLinkAboutResolution_09-98/99_12/10/1998RESOLUTION NO. 9-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE AS WELL AS A RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT RELATIVE TO THE MATTER OF DOROTHY M. CAMPBELL AND OZ OF TEQUESTA, INC. V. VILLAGE OF TEQUESTA AND AUTHORIZING THE MAYOR OF THE VILLAGE TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. That it is in the interest of the general welfare and the best interest of the Village and the public to Agree to Settlement and Mutual Release as well as a Reciprocal Overflow Parking Easement Agreement. ection 2. The Agreement of Settlement and Mutual Release as ell as a Reciprocal Overflow Parking Easement Agreement ttached Hereto as Exhibit "A" and Exhibit "B", and ncorporated by Reference as Part of the Resolution are Hereby .pproved and the Village Manager of the Village of Tequesta is uthorized to Execute the Same on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Mackail who moved its adoption. The motion was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail Rlizabeth A. Schauer i • The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of December, A.D., 1998. O TE STA Elizabeth A. Schauer ATTEST: I ii J ann ManganielAo 'Village Clerk WP80 \MyFi1es \Reso1utions \9 -9899 a • _.i , .~ F Tf G vP' Gtt,, v ~ .1~ ~ -~ A:q+~, `o M E M O R A N D U M f~ -~ O ~~ 4v COUHt To: Village Council From: Thomas G. Bradford, Village Manager~~-,s2-7 Date: December 4, 1998 ,' Subject: Campbell v. Village of Tequesta; Documents for Council Consideration Relative to Agreement of Settlement and Reciprocal Parking As of this writing, the Village is not in possession of the following documents associated with the above-referenced matter: 1. Agreement of Settlement and Mutual Release 2. Site Plan for Gallery Square North Shopping Center for Ordinance No. 377 Compliance 3. Reciprocal Overflow Parking Easement Agreement The Agreement of Settlement and Mutual Release and the Reciprocal Overflow Parking Agreement is still being reviewed and modified by the attorney for Lighthouse Gallery. The Plaintiff is anticipated to submit the site plan for Gallery Square North Shopping Center sufficiently prior to your meeting on December lOt'' to enable Village Staff to review the plan and to advise you as to its acceptability relative to the existing conditions on the property. Upon receipt of the above-referenced documents, they will be forwarded to you prior to the Village Council Meeting on December lOt''. In the event that these documents are not received in a timely manner, or the content of the same is found to be unacceptable by the Village Council, consideration will have to be given to postponing the Public Hearing until a later date when all matters are fully resolved. Should you have any questions concerning these issues, please contact me at your convenience. TGB\ecr WP80\MyFiles\VillageCouncil\Council 12-4-98 t AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE This Agreement of Settlement and Mutual Release (the "Agreement"), entered into H 2 L da J ~-9~ ~al~' this y of hUVh14y, ~995~, by and between DOROTHY M. CAMPBELL and OZ OF TEQUESTA, INC. (collectively referred to as "Plaintiffs")and VILLAGE OF TEQUESTA ("Tequesta"), reflects the parties' entire agreement to resolve the pending litigation particularly known as Dorothy M Ca Abell and Oz of Tequesta Inc. v. Village of Tequesta, Case No. CL 96-3208 AF, which is pending in the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida (the "litigation"). In addition, this Agreement reflects the agreement by certain non-parties to the litigation, n/k/a Lighthouse Center For The Arts, Inc. Muriel Manning ("Manning") and Lighthouse Gallery, Inc!("Gallery"), to certain specific provisions herein. WITNESSETH: WHEREAS, Plaintiffs have filed against Tequesta a claim for declaratory relief regarding the ownership of the parking area described in Plaintiffs' Amended Complaint ("parking area") and to obtain an injunction preventing Tequesta from imposing any fine or penalty against Plaintiffs pursuant to Tequesta Ordinance 377; and WHEREAS, Plaintiffs' claims concern title to and ownership of the parking area which is the subject of dedicatory language appearing in the Plat titled A subdivision of a portion of Jupiter in fhe Pines, Section "B" recorded in Plat Book 26, Page 295, of the public records of Palm Beach County, Florida (the "dedication"); and WHEREAS, Tequesta has contested the Plaintiffs' claims; and '~ ;; AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE WHEREAS, the parties have amicably resolved their differences as more fully set forth in this Agreement ;and WHEREAS, the parties, and certain non-parties, hereto agree for themselves and for all who might claim by or through either of them, and desire to reduce their agreement to writing so that it shall be binding upon them and inure to the benefit of their heirs, successors and assigns; and WHEREAS, all parties to this Agreement have had the opportunity to consult with counsel of their choosing and have had the opportunity to seek and in fact have received the independent advice of counsel and such others of their choosing as they deem necessary under the circumstances and have reviewed and approved tk~e form and content of this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants hereinbelow set forth, it is agreed by and between the parties as follows: 1. The foregoing recitations, and each of them, are true and correct and are incorporated herein at length. 2. The Plaintiffs agree to dismiss with prejudice their Amended Complaint dated May 22, 1997, after the court enters an order approving of the Settlement and this Agreement. Such dismissal to be by a Stipulation of Dismissal to be executed between the parties and to be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit. 2 ~~ ?t, AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE The Stipulation of Dismissal shall provide that the parties shall bear their own fees and costs. 3. This Agreement and the proposed abandonment of the dedication shall be presented to the Village of Tequesta Council, and a public hearing shall be held before this Agreement is approved. 4. Following approval by the Village of Tequesta Council of this Agreement and abandonment of the dedication to the public of the parking area, the parties shall file a joint motion seeking court approval of this Agreement. If court approval is granted, Tequesta shall deliver aQuit-Claim Deed of any interest it may have in the area referenced as the "parking area" in the Plaintiffs Amended Complaint, a legal description of said property being reflected in Exhibit "A" hereto, to the record owners of Gallery Square North, as tenants in common, Oz of Tequesta, Inc., a Florida corporation, Lighthouse Gallery, Inc., n/k/a Lighthouse Center For The Arts, Inc., a Florida corporation ("Lighthouse"), and Muriel Manning ("Manning"). A copy of the agreed form of Quit-Claim Deed is attached as Exhibit "B". As a condition to this Agreement, Gallery and Manning, who are not plaintiffs in this litigation, shall agree, in exchange for the Quit-Claim Deed, to release any and all claims said owners may have against Tequesta arising out of any dispute concerning Tequesta's interest in the property legally described in the Quit-Claim Deed and to specifically agree to paragraph 9 herein reflecting such release. Plaintiffs, Gallery and Manning. further acknowledge that upon delivery of the Quit-Claim Deed by Tequesta, the property which is subject to the Quit- 3 t~ r AGREEMENT OF SETTLEMENT ANO MUTUAL RELEASE Claim Deed shall be placed on the property tax rolls. Following delivery of the Quit-Claim Deed from Tequesta, Tequesta shall have no responsibility as to the parking area. 5. As a condition to this Agreement, Plaintiffs shall first submit to Tequesta a current site plan, showing all existing landscaping and improvements on the parking area all buildings located adjacent thereto and all landscaping and improvements associated with such buildings ("landscaping plan"). After such submittal and review, all landscaping reflected on the landscaping plan and the property owned by Plaintiffs, Lighthouse and Manning, as reflected on said landscaping plan, shall be deemed in current compliance with Village of Tequesta Ordinance 377. A copy of the approved landscape plan shall be filed with Tequesta together with a copy of this Agreement, as Appendix 1, in its permanent property records and shall also be attached to the Resolution approving this Agreement. Changes to the approved landscape plan, other than routine replacement of existing approved plantings, shall not be made without prior approval of Tequesta in accordance with applicable ordinances. All plans to physically modify the parking area in any manner and/or that will cause an increase in the useable square footage of the buildings adjacent thereto, shall be submitted to Tequesta for review and approval before the initiation of any improvements. A!I proposed construction pertaining or relating to the parking area and the buildings adjacent thereto shall be subject to all building and land use requirements of Tequesta. 4 ,, r, ;~ AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE 6. The Plaintiffs shall be responsible for designing and constructing a solution to the alleged drainage problem at the Community Savings "drive-thru", if so desired. Tequesta, shall have no obligation or responsibility with respect to this matter. 7. As a condition to settlement, Plaintiffs, Manning and Gallery, and Tequesta further agree that the parties shall have Reciprocal Overflow Parking Easements over the property of Plaintiffs, Manning and Gallery, and Tequesta, in accordance with the terms of the Reciprocal Overflow Parking Easement Agreement between the Village of Tequesta, and Plaintiffs, Gallery and Manning, a copy of which is attached as Exhibit "C", which shall be recorded by Tequesta. 8. Each party hereto agrees to bear its own fees and costs incurred in connection with this litigation and all matters related thereto. 9. In further consideration of the foregoing, Plaintiffs, Gallery and Manning, on behalf of themselves, and all who may claim by, on, or through each of them, do hereby release and forever discharge each and all the persons and entities described below as "persons and entities" released from each and all claims described below as "Claims Released." A. Persons and Entities Released: Village of Tequesta, its officers, agents, contractors, consultants, employees, directors, attorneys, and all other related persons and entities. 5 ' +' i AGREEMENT OF SETTLEMENT ANO MUTUAL RELEASE B. Claims Released: The persons and entities described above as "Persons and Entities Released" are released from any and all liability whatsoever, including all claims, suits, demands and causes of action of any nature, whatsoever, including claims for attorneys' fees related to same, whether known or unknown, which Plaintiffs, Gallery and Manning have had, now have, or may have or claim to have, arising from, or in any way relating to, any claims by Tequesta as to any ownership interests in the property described in Exhibit "A", except for the interest retained as reflected in Exhibit "C". 10. In further consideration, of the foregoing, Tequesta, on behalf of itself, and all who may claim by, on, or through it, does hereby release and forever discharge Plaintiffs, Gallery and Manning, from any and all liability whatsoever, for all claims, suits, demands, and causes of action of any nature, whether known or unknown, which Tequesta has had, now has or may ever claim to have, arising from, arising under, or in any way relating to, Tequesta's ownership interest in the property described in Exhibit "A", except to enforce Exhibit "C", the terms of this Agreement, and the landscape plan referenced in paragraph 5. 11. The parties to this Agreement, including, Manning and Gallery, agree that it is the intent of this Agreement that all present and potential claims between the parties hereto arising from this litigation and the facts and documents connected therewith are deemed resolved and merged into this Agreement. All signing this Agreement agree that except as set forth herein, there are no oral agreements betty. een them, that there are no 6 i '~i AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE oral or written representations made by or among the parties hereto or between the parties hereto which are not set forth herein and this Agreement may be modified only in writing signed by the parties hereto. This Agreement shall be construed under and according to the laws of the State of Florida. 12. This Agreement and the exhibits hereto, and other acts made pursuant to this Agreement, do not constitute an admission of liability on the part of any party or entity. 13. This Agreement shall be binding upon the parties, their heirs, successors and assigns. 14. The parties acknowledge and agree that this Agreement has been drafted by counsel for all parties who sign this Agreement in a joint effort and that no term or provision of this Agreement or any exhibit attached hereto may be more strictly construed against any party. 15. If any term, covenant, or condition of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law. 16. This Agreement may only be modified or amended upon written agreement of all parties hereto. 17. Nothing contained in this Agreement shall be construed to limit, effect or annul any municipal ordinances or rules as they apply to or effect either of the Parcels. 7 AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE 18. In the event of any litigation (including appellate proceedings) arising out of or in connection with this Agreement and the rights, responsibilities and obligations contained hereunder, the prevailing party shall be entitled to recover from the losing party, its reasonable attorney's fees and costs. 19. Each party agrees to take such reasonable action, and execute such documents, consents and authorizations as may reasonably be required by a title insurance underwriter for the purposes of insuring title to the parking area, provided such act(s) do not subject the party to any expense or liability, or require the commencement of any litigation, to carry out the intent and purposes of this Settlement Agreement. Signed, sealed and delivered in the presence of: ~.\ ~, -~ . Print Name: C~v~e~~ C et4.~~.~~-~" Print Name: 5./k~~Jr~rx _~.yy{,~'J 4~ DOROTH CAM BELL 8 AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE STATE OF FLORIDA COUNTY OF PALM BEACH ,pry I The foregoing instrument was acknowledged before me this 1&h day of -Ma , 2000, by DOROTHY CAMPBELL, who: El 'Is personally known to me, or P has-pred �c a [SEAL] NOTARY PUBLIC S�Y P s� C Shannon Smith =* MY COMMISSION #CC812044 EXPIRES OZ OF TEQUESTA, INC. ~•....���, February 24 2003 Rf,G4`` BONDED THRU TROY FAIN INSURANCE INC By: Print Name: vX 3mz Its: Presid nt • � Print Na e: C,1kj � ATTEST: (Corporate Sea[) LI A�m' Secret` ry STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this lo� day ofA4w&, 2000, by rvt4t� 11 (name) as �e +- (title), of OZ of Tequesta, Inc., a Florida corporation on behalf of the corporation. She is : 51i's personall k nown to me, . [SEAL] G NOTA Y PUBLIC • `S,JIY p4 C. Shannon Smith MY COMMISSION # CC812044 EXPIRES 9 =.. February 24, 2003 BONDED THRU TROY FAIN INSURANCE, WC • AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE VILLAGE OF TEQUESTA By: Pri t Name: iryi I -7.6 er -- M ay or T abe � se� � o Print Name: M U r(S 4 STATE OF FLORIDA COUNTY OF PALM BEACH Th r� �� 4 O ��in� ipV rDent vas acknowledged before me this /o day of Mares - t . • P 2000, by T ' C ' ^ "E-R as ayor of the Village of Tequesta, a Florida municipality on behalf of the municipality.'=is : [�r personally known to me, or ❑ has produced a driver's license as identification. [SEAL] N&fARY PUBLIC JOANN MANGANIELLO Notary Public - State of Florda MV Commission Dec 22, 2003 Commission # CCB91749 • 10 AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE Print ~~ Cr Name: L, SQ 1, ~~~s~„~ ATTEST: Secretary STATE OF FLORIDA COUNTY OF PALM BEACH LIGHTHOUSE GALLERY, INC., n/k/a Lighthouse Center For The Arts, Inc. By• Its: President (Corporate Seal) ri The foregoing instrument was acknowledged before me this 20~ day of 2000, by _ Maureen W. Papp (name) as President (title), Of L' hth us ~-~allery In a lori c r oraY non behalf of the corporation. He/She is : ^ persor~a~~y-~Cnown fo me,~or as produl~ced a driver's license as identification. [SEAL] OTARY PUBLIC (~~,~ `mac. LISA C. BCHMITT { ~ , ~,~~~"'I~ ~. MY COMMIS510N a CC 620665 ~;•.,:;' EXPIRES: March 23, 2003 °~If:f~~h~` Bc~~d Thru Notary Public Undermiters 11 AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE Print Name:~~%„~~ ~~a,~ ' ~ J ~ '~Y~ Print Na ~e:Ca1,,,,Q~= _ (s;~,,.-~- STATE OF FLORIDA COUNTY OF PALM BEACH 7 t!' fns .iii/ •• ~ ~ Y~ V~~i MURIEL MANN G ,Q~n The foregoing instrument was acknowledged before me this /~ day ofd, 2000, by MURIEL MANNING, who: ~s personally known to me, ' seas..-~d~ar~i#ie~tferl. '~- ' ~~/ICLfX ` NOTARY PUBLIC [SEAL] ,,,,, 'Vi'n' ~"''• C Shannon Smith ,~ ~= MY CCMAMISSION ~ CC812044 EXPIRES ~~~~,= February 24, 2003 '~;p~ ,h~'~ BONDED iHRU TROY FAIN INSURANCE, INC N:\S G H\ 13153-33\Settle-3. rev.wpd\d ae March, 2000 IZ ~j LEGAL DESCRIPTION That certain parcel of land described as the "Parking Area" as is mope particularly described in the Re-Subdivision of a Portion of JUPITER IN THE PINES, Section B, a subdivision of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, as shown in the plat thereof recorded on January 27, 1961, in Plat Book 26, at Page 215, public records of Palm Beach County, Florida. N:GSGti~13153-33LL.EGAL-EX.B~dae EXHIBIT ..A., • jc~NEs FOSTER jOHNSTON & STUBBS, P.A. Attorneys and Counselors Scott G. Hawkins, Esq. Direct Dial: (561) 650-0460 Direct Fax: (561) 650-0436 E-Mail: shawkins@jones-foster.com March 10, 1999 Tom Bradford, Village Manager VILLAGE OF TEQUESTA Post Office Box 3273 Tequesta, Florida 33469-0273 Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 Re: Campbell v. Village of Tequesta Our File No. 13153.33 Dear Tom: Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Facsimile (561) 832-1454 Eugene Shuey, .Esquire, has requested that the Village of Tequesta execute a new original Quit-Claim Deed relative to the settlement in this matter. A copy of the Quit-Claim Deed that had previously been executed is enclosed. A copy of Mr. Shuey's recent letter is also enclosed. Lastly, I am enclosing an original Quit-Claim Deed which needs to be executed. While not absolutely clear from Mr. Shuey's letter, I am assuming that he wants a clean original Quit-Claim Deed to be recorded instead of the draft Quit-Claim Deed that was attached to the Settlement Agreement. The draft contains facsimile information and handwritten corrections. Please call me if you have any questions in this regard. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. B raj _ .~v . ~ ~"'`~- Y• r Scott G. Hawkins Enclosure Signed in Mr. NaSa~i~.;' ~~ ..,;.~~ ~~ avoid delay. N:\SGH\13153-33\BRADFORD. L681DAE LAW OFFICES OF EUGENE E. SH(IEY, P.A. 603 VILLAGE BOULEVARD SUITE 302 WEST PALM BEACH, FLORIDA 33409 EUGENE E. SHUEY TELEPHONE (561) 697-3300 ~~~ ~RT~u FACSIMILE (561) 697-7700 REAL ESTATE LAWYER shueylaw®mindspring.com March 4, 1999 Scott Hawkins, Esq. Jones, Foster, _Ic~tlnston ~ .St~lhkis, P.A. P.O. Box 3475 West Palm Beach, Florida 33402-3475 Re: Campbell v. Village of Tequesta Dear Scott: PROFESSIOMAL LEGAL SERVICES slncE i~~ Enclosed please find the original Quit-Claim Deed in the above captioned matter. Please have your clients execute the original deed so that it can be substituted in place of the draft. copy which is shown as Exhibit B to the Agreement of Settlement and Mutual Release. If you have any questions regarding this matter, please do not hesitate to contact me. Very, truly yours, ,C Eugene E. Shuey EES:jh Enclosure cc: Mrs. Dorothy Campbell This Instrument Prepared By: EUGENE E. SHLIEY, P.A. 603 Village Blvd., Suite 302 West Palm Beach, FL 33409 Telephone: 561-697-3 300 Prepared without title examination Property Appraisers Parcel Identification (Folio) Number(s): 60424025100000010 Grantee(s) FEIN #: QUIT-CLAIM DEED THIS QUIT-CLAIM DEED Made this ~~ day of March , 1999, A.D. Between VII.LAGE OF TEQUESTA, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter called the Grantor, and OZ OF TEQUESTA, INC., a Florida corporation, MURIEL G. MANNING, a single person, and LIGHTHOUSE GALLERY, INC., a Florida corporation, as tenants in common, subj ect to the restrictions and easements set forth r below, whose address is 4 Tradewinds Circle, Tequesta, FL 33469, hereinafter called the Grantee: [Wherever used herein the term "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of indi~~duals, and the successors and assigns of corporations] WITNESSETH: That the GRANTOR for and in consideration of the sum ofTEN & NOI100 ($10.00) DOLLARS and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and quit-claimed to the said GRANTEE and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the County of Palm Beach, State of Florida, to wit: That certain parcel of land described as the "Parking Area" as is more particularly described in the Re-Subdivision of a Portion of JUPITER IN THE PINES, Section B, a subdivision of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, as shown in the plat thereof recorded on January 27, 1961, in Plat Book 26 at Page 215, public records of Palm Beach County, Florida. This conveyance is made to the grantees in common as an appurtenance to Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, JUPITER IN THE PINES, Plat Book 26, Page 215, public records ofPalm Beach County, Florida, of which grantees are all of the owners of said parcels, each of which is contiguous to the land being conveyed herein, and is intended for the common use and benefit of the grantees in the land conveyed as and for ingress and egress, motor vehicle parking and non-exclusive mutual perpetual easements appurtenant therefor. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the grantor has hereunto set their hand and seal the day and year first above written. Signed in the Presence Of: Print Name:T ~ ~ -~r, i~ ~ • K f~'* ~' ;--C: ~ 1 ~f ~~ Print Name: K,~rn~(/ to zo GRANTOR: VIT,T:AGE OF TEQUESTA, a municipal corporation existing under the laws of the State of Florida By. C ~ ,~~G/ Q!~ tfiL~ 'its r, ELIZ ETH SCHAUER ~~; ~- _ - ~ - ~ --- Print Name ~~ ~ n ; h-S ~ _ i/s:~c r~ ~ ; - ~ 2 Print Name: ~J/h ~ (~ i~ . ~I h t ZZU STATE OF FLORIDA } } ss. COUNTY OF PALM BEACH } Attest: • ~~~_~' is Clerk, JOANNQvIANGANIELLO The foregoing instrument was sworn to, subscribed and acknowledged before me this ~~ day of 999, by ELIZABETH SCHAUER who executed it as Mayor of the Village of Tequesta, a municipality in Palm Beach County, Florida, on behalf of the municipal corporation pursuant to the authority granted by a lawful resolution of the Village Council. She is ~ personally known to me, or [ J has produced a driver's license as identification and did/did not take an oath. [Notary Seal] NOTARY PUBUG ~ STATE OF F~Ok~DA LORI ANN MONTAGUE COMMISSION N CC609542 EXPIRES 12.22.2000 tiONDEOTtiRU AsA ~.esa.NOrAaY, STATE ^vF FLORIDA } }ss. COUNTY OF PALM BEACH } / ` Notary Public, State of Florida at rge My Commission Expires: [ Type or Print Notary Name: I •~ /~/ ~17Z- CC The foregoing instrument was sworn to, subscribed and acknowledged before me this ~`~~ day of (~'~.~-c ~-- , 1999, by 70ANN MANGANIELLO who executed it as the Clerk of the Village of Tequesta, a municipality in Palm Beach County, Florida, on behalf of the municipal corporation pursuant to the authority granted by a lawful resolution of the Village Council. She is personally known to me, or [ ]has produced a driver's license as identification and did/did not take an oath. ~~ `- '1 , . Notary Public, State of Florida at, ge [Notary Seal] My Commission Expires' Type or Print Notary Name: ~ r/ ~ C L NOTARY PUBUG -STATE OF FLOR7U;. LORI ANN MONTAGt1E COMMISSION # CC609542 EXPIRES 12.22.2000 dONOEDTFgtU ASA 1~888.NOTARY7 Prepared by and return to: ~ilT~ge 302 Wes a , 09 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT This Reciprocal Overflow Parking Easement Agreement ("Easement tFA 5 7N-~ Aare"), is effective J~dhley Z ~ , X99&, and is entered into by and between Village of Tequesta (the "Tequesta") and Dorothy Campbell, OZ of Tequesta, Inc., Muriel Manning, and Lighthouse Gallen k%a L ghthousenCente p For cThe oArts n Inc. (collectively, the "Owners") RECITALS: A. Tequesta owns title to the real property described in Exhibit "A" hereto (the "Villag_e Parcel") B. The Owners own title to the real property described in Exhibit "B" attached hereto (the "Owners' Parcel"). The Village Parcel and the Owners' Parcel are hereinafter each collectively called a "Parcel" and hereinafter collectively called the "Parcels." C. Tequesta and the Owners wish to enter into this Easement Agreement. EXHIBIT ~~~„ RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT NOW THEREFORE, for valuable consideration, the parties agree as follows: 1. Recitals. The recitals set forth in Paragraphs A through C above are true and correct. 2. Easement Grant for the Benefit of the Owners. Tequesta hereby grants to the Owners, and their respective customers, patrons, licensees, invitees and mortgagees and their respective tenants, and the customers, patrons, licensees, invitees and mortgagees of the tenants (all such parties are hereafter collectively called the "Users"), a non-exclusive easement over and through the parking areas, driveways and drive aisles now or hereafter constructed on the Tequesta Parcel for designated "overflow parking" (as hereafter defined) and for pedestrian and vehicular access to and from such parking spaces on the Tequesta Parcel. This grant is'not intended to allow the owners and the tenants at Gallery Square North, and their employees, the right to park on the Tequesta's Parcel. The easement granted herein may be used only at such times and to the extent that parking spaces exist on the Tequesta Parcel which are not being used by Tequesta and its users. 3. Easement Grant for the Benefit of Tequesta. The Owners hereby grant to Tequesta, and its users, including members of the general public, anon-exclusive 2 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT easement over and through the parking areas, driveways and drive aisles now or hereafter constructed on the Owners' parcel for overflow parking and pedestrian and vehicular access to and from the parking spaces located on the Owners' Parcel, for purposes of attending various public meetings and functions. This grant is not intended to allow officials of Tequesta, and its employees, the right to park on the Owners' Parcel. The easement granted herein may be used only at such times and to the extent that parking spaces exist on the Owners' Parcel which are not being used by the Owners and their users. 4. Definition of "Overflow Parking." "Overflow parking" shall mean parking for f vehicles which cannot be parked on the other parcel because all or substantially all of the parking spaces on the other parcel are then being used to park other vehicles, but shall not include marked spaces and other areas reserved for police, fire-rescue and official vehicles of Tequesta. 5. Tequesta's Maintenance Obligation. Tequesta shall maintain or cause to be maintained those portions of the Tequesta Parcel which are used for parking and for access to and from such parking in good condition, including the maintenance, repair and replacement of all paved surfaces in a reasonably level, smooth condition, the 3 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT maintenance, repair and replacement of all curbs, curb cuts, parking spaces and the striping of all parking spaces. 6. The Owners' Maintenance Obli aq tion. The Owners shall maintain or cause to be maintained the Owners' Parcel in good condition, including the maintenance, repair and replacement of all paved surfaces in a reasonably level, smooth condition, the maintenance, repair and replacement of all curbs, curb cuts, parking spots and the striping of all parking spaces. 7. Relocation of Parking and Access Structures. Each party reserves the right to change, from time to time, in accordance with applicable ordinances, rules, and standards of Tequesta, the location of access lanes, driveways, sidewalks, and parking spaces located on their respective Parcels provided such relocation shall not materially and adversely interfere with the use of its Parcel by the other party for the purposes contemplated by this Easement Agreement. This restriction shall not prohibit a reduction in parking spaces if such reduction is otherwise permitted under all applicable codes, standards, ordinances and regulations. The parties acknowledge that access for overflow parking may be temporarily restricted, from time to time, because of activities associated with approved construction on the Parcels or special events. Owners and Tequesta agree that they shall not reduce, expand or alter their 4 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT improvements in reliance upon the use of each other's parking spaces to meet any minimum parking space requirements of any applicable law. Likewise, this Easement Agreement shall not restrict or otherwise adversely affect each party's ability to develop its own Parcel, e.g., Tequesta's rights to use the Owners' Parcel for overflow parking shall not impose a requirement on the Owners' Parcel to maintain more than the minimum number of parking spaces allowed if the Easement Agreement did not exist. Owners and Tequesta acknowledge that any expansion, reduction or alteration of improvements on the Parcels, or any change in use, must be in accordance with all pertinent landuse ordinances, requirements and codes. 8. Attorneys' Fees. In the event of any litigation (including appellate proceedings) arising out of or in connection with this Easement Agreement and the rights, responsibilities and obligations contained hereunder, the prevailing party shall be entitled to recover from the losing party, its reasonable attorney's fees and costs. 9. Appurtenant Easements. The covenants, restrictions, easements, burdens and limitations imposed and created by this Easement Agreement shall burden the Tequesta Parcel and the Owners' Parcel and shall run with and benefit and shall be appurtenant to the Tequesta Parcel and the Owners' Parcel. 5 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT 10. Partial Invalidity. If any term, covenant, or condition of this Easement Agreement shall be held to be invalid or unenforceable, the remainder of this Easement Agreement shall not be affected thereby and each remaining term, covenant and condition shall be valid and enforceable to the fullest extent permitted by law. 11. Modification. This Easement Agreement may only be modified or amended upon written agreement of all parties hereto. 12. Munic~al Ordinances. Nothing contained in this Easement Agreement shall be construed to limit, effect or annul any municipal ordinances or rules as they apply to or effect either of the Parcels, except as expressly provided herein. 13. Governing Law. This Easement Agreement shall be construed under the laws of the State of Florida. 14. Termination. This Easement Agreement shall terminate and shall be of no further force or effect if no portion of the Tequesta Parcel is owned by a governmental or quasi governmental entity. 6 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT 15. Successor and Assigns. This Easement Agreement shall be binding on the Owners and the successor owners of the Owner's Parcel. 16. Mutuality. The easement interests granted herein are conditioned upon both the Owners' Parcel and the Tequesta Parcel being subject to the easement. If the easement is extinguished by law as to one parcel, it shall likewise be deemed extinguished as to the other parcel and this Easement Agreement shall have no further force or effect. Signed, sealed and delivered in the presence of: (Print Nam :~/ is~-r' ,~,F~~,fjl~ DOROTHY CAMP ELL P~i t ~. ~~ ~~~ STATE OF FLORIDA COUNTY OF PALM BEACH 5 ~ l ~ ~+ ~K,~ary f~ 1~ n,.,.,,.~..,~..,,.- ~. AS The foregoing instrument was acknowledged before me this aay of~,T„~,-, ,~~ E ~~; by DOROTHY CAMPBELL, who: ~is personally known to me, or ^ has produced ~'ryC a driver's license as identification. [SEAL] .~`~ r GEOFFREY ALLEN GOLOSBURY NO R LIC Notary Public, State of Fbrida ~' ~ F My Comm. Exp. March 3, 2000 ~~or end` No. CC 536784 7 L RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT ~~y ~ µir n Print Name: ~~/~i~ ~,,~ ~~~~/~ lts; ~ ~ ~~ OZ OF TEQUESTA, INC. G~~,~ Presid nt ~••~ ATTEST: (Corporate Seal) ~> ~' Secreta STATE OF FLORIDA COUNTY OF PALM BEACH 5 Tc~.~..,~a ryj ~~ ~ T fore oing instrument was acknowledged ore me this ~ ay of 6-~;+r:et~e~, ~Dµ e- g~ by ~ (name) as (title , of OZ of Tequesta, I c., a lorid corporation on behalf of the cor oration. ~/She is : is personally known to me, or ^ has produced a driver's license as identification. [SEAL a.-`' .~ GEOFFREY ALLEN GOLQSBURY ^ Notary Public, State of Fbrida LIC c~ My Comm. Exp. March 3, 2000 "~ wd' No. CC 536784 / ~Lp~s~-r v~ ~~ ~ ~--s~ j Print Name:: i h'~mRS`.G.gR~~Dr--ec~- Print ame: E~.4BEr'~ c'. ~2sINSoM VILLAGE OF TEQUESTA By~ yor Elizabe A. Schauer 8 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT STATE OF FLORIDA y COUNTY OF PALM BEACH ~R JQr1N0.~~ PS i 999 The foregoing instrument was acknowledged before me this ~ day of~ese~bef; ti -~J99&; by ELI7J~BETH A. SCHAUER, as Mayor of the Village of Tequesta, a Florida municipality on behalf of the municipality. She is : Lis personally known to me, or O has produced a driver's license as identification. [SE~~L) TARY PUBLIC '~1K'; JOANN MIINGIWIELLO ,~_ MV COMMISSION / CC 507143 ;~ ~, pQ'IfiES: December 22.1999 °-~~, ;,er Bp~ded Thtu Notuy PiibNc lNideivvrMers 9 ,~ - RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT ;~ LIGHTHOUSE GALLERY, INC., n/k/a Lighthouse Center For The Arts, Inc. By: _ Its: President ~-:-~.-. V'+ '~ ATTEST: (Corporate Seal) ~ i'`~~"~"" ~-~ _~ '~ Si-.~L ~'i .%~~~~. Secretary ~~,y~r ~ ~~•~F STATE OF FLORIDA COUNTY OF PALM BEACH s-f Jahka~ C A-S ~ The foregoing instrument was acknowledged ~f ore me this,Z~ day of-E3~~' -x-998; by 1`?~ ENV ~ ~ + ~(, ~Q A'Q ~Q (name) as ~$'~~` 1 ~ ~1~ (title), 01 Lighthouse Gallery, In ~a Flprida corporation on behalf of the corporation. He/She is : ^ is personally known ~t~~i~,~g~~~~5r~d ~a°~ri sir ~~fs~rs identification. [SEAL] ~,. W MY COMMISSION ~ CC g2pg65 EXPIflES: March 23, 2003 N ARY P U B L I C ea,aad inru Noury Pudic ~„~„~ - J ~. Print Name:` ~ ,(~~~,~/~~MURIEL MANNIN ~_ _ __- r' _ l ~~ 5 10 ~! ~• ~~ RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT STATE OF FLORIDA COUNTY OF PALM BEACH J 0..nka~~/ ~i ~ /- The foregoing instrument was a knowledged before me this day of ~~~;em~ef; 5 .~-, by MURIEL MANNING, who: is personally known to me, or O has produced a ~~ drivels license as identification. (SEAL] N:\SG H\13153-33\RECIPROC.REV\ebg ~~5 ~~ 11 ,~ LEGAL DESCRIPTION PARCEL 3: A parcel of land in Section 30, Township 40 South, Range 43 East, Patm Beach County, Florida, more particularly described as follows: Commence at a point in the west line of said Section 30 at a distance of 1;004.75 feet north of the southwest corner thereof, said point being in the north right-of-way line of an 80-foot proposed road and the point of beginning of the herein described parcel of land; thence continue northerly along said west line of Section 30 a distance of 435 feet to a point; thence easterly, making an angle of 90 degrees from south to east, a distance of 300 feet to a point; thence southerly, parallel to the said west line of Section 30 a distance of 465.82 feet to a point in the arc of a curve concave to the south the radius of which is 1,540 feet and central angle of which is 11 degrees 13 minutes 55 seconds, said point being in the northerly right-of-way line of the aforementioned proposed road, making an angle of 78 degrees 31 minutes 05 seconds from north to northwest to the tangent of said curve; thence northwesterly and westerly along the arc of said curve a distance of 301.89 feet to a point of tangency; thence westerly along a line tangent to said curve a distance of 0.17 feet to the point of beginning. PARCEL "C" of a Re-subdivision of a portion of JUPITER IN THE PINES, Section "B", according to the plat thereof recorded in Plat Book 26, page 215, of the P~lblic Records of Palm Beach County, Florida. N:\SGFI\13153-33\LEGAL-EXA\dae EXHIBIT "A" ,~.j .r r ,% LEGAL DESCRIPTION That certain parcel of land described as the "Parking Area" as is more particularly described in the Re-Subdivision of a Portion of JUPITER IN THE PINES, Section B, a subdivision of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, as shown in the plat thereof recorded on January 27, 1961, in Plat Book 26, at Page 215, public records of Palm Beach County, Florida. N:~SGF1~13153-33U.EGAL-EX.B~dae EXHIBIT "B"