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HomeMy WebLinkAboutAgreement_General_1/21/2000_Dorothy Campbell OZ of TequestaFeb-23-2000 12:31ps 00-06: ram'=)A+ ORB 1 i &aa PI] 678 IIIIINf�NINNINIIIIINNINNIMINIIINII�lI�11 Prepared by and return to: 302 West Talm, 09 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT This Reciprocal Overflow Parking Easement Agreement ("Easement VA s Agreement"), is effective J i 2 , 49%, and is entered into by and between Village of Tequesta (the "Tq-gosta") and Dorothy Campbell, OZ of Tequesta, Inc., Muriel Manning, and Lighthouse Gallery, %a Lighthouse Centerrofit For corporation Inc. (collectively, the "Owners"). RECITALS: A. Tequesta owns title to the real property described in Exhibit "A" hereto (the "Village 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 „C,1 ORB 1 i GER 2 P9 S-79 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 Teguesta. The Owners hereby grant to Tequesta, and its users, including members of the general public, a non-exclusive � ORB 1 16P-0 P9 GBO 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 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 ORB 116;22 Pg &81 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 Obliaation. 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 ORB 1 1 S22 P9 &82 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT improvements in reliance upon the use of each others 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, requirement&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 ORB 1 I Gee Pg �. 45Z 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. Municipal 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. 0 ORB i 1622 P9 684 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. M tuali 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: � t Print Nam DOROTH AMP EL STATE OF FLORIDA COUNTY OF PALM BEACH ^�S �NK0.Py Y' wThe foregoing instrument was ackXis wledged before me this Away ofDese , ,Ve, s ELL who: ersonally known to me, or 0 has produced 6A 4398, by DOROTHY CAMPBP a driver's license as identification. NO R LIC [SEAL] s GEOFFREY ALLEN GOLQSBURY Notary Public, State of Florida My Comm. UP. March 3, 2000 7 No. CC 536784 ORB 1 1 SEd"E" Pg 685 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT OZ OF TEQUESTA, INC. By: Print Namer C',�if �o� Its: Presid nt i C�brt1, t u L , rfi L ATTEST: (Corporate Seal) \� e ' i� �.fA x` �r, SecretaYy A °OO°boe. I'1 STATE OF FLORIDA COUNTY OF PALM BEACH 2000 T fore oing instrument was acknowledged ore me this 1 ay of Beeeeff►l 'D1 , e �Pb 4 , by (name) as (title), of OZ of Tequesta, I �-- .lorid corporation on behalf of the cor oration. Ids/She is : is V N-c-. personally known to me, or ❑ has produced a driver's license as identification. [SEAL GEOFFREY ALLEN GOLQSBURY Notary Public, State of Florida LIC My Comm. Exp. March 3, 2000 °j I No. CC 636784 VILLAGE OF TEQUESTA By:: Print Name:: i ODAI tS.G-,Qt2Abro0.j1 yor Elizabe A. Schauer Print ame: 6eR-4BETz10.44AIS6M ORB 1 1622 Pq SSG RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT STATE OF FLORIDA y COUNTY OF PALM BEACH JahwarY i 999 The foregoing instrument was acknowledged before me this 7tj, day off -j-998, by ELIZABETH A. SCHAUER, as Mayor of the Village of Tequesta, a Florida municipality on behalf of the municipality. She is: Cis personally known to me, or 0 has produced a driver's license as identification. - ^ SSA j TARY PUBLIC AAA MaNen�B10 E ORB i 16ea Pg EP87 C 145 RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT LIGHTHOUSE GALLERY, INC., n/k/a Lighthouse Center For The Arts, Iric. By: ALA Its: President i ATTEST: (Corporate Seal)'' C'e'i'�'"� S')14-L Secretary STATE OF FLORIDA COUNTY OF PALM BEACH sf 3w•�war The foregoing instrument was acknowledgeM�t his / day of�, TTTTby M �� �� A Q'� (name) as (title), of -4 9989Lighthouse Gallery, In ga Flpgda co oration on behalf of the corporation. He/She is: ❑ is personally known Li$,rg&Wd 10dri Agms&Ws identification. USA C. SCHMITT [SEAL] MY COMMISSION # CC 820865 EXPIRES: March23,2003 N ARY PUBLIC t3aMod Thru NWW Public uMtW to Ptint Nam�,111 - `, e r ORB 1 16i2c" Pg 641& RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT STATE OF FLORIDA COUNTY OF PALM BEACH tir3 20�R^n The foregoing instrument was a knowledged before me this day of BeseffI by MURIEL MANNING, who: Is personally known to me, or 0 has produced a driver's license as identification. [SEAL] N:\SGH\13l53-33\RECIPROC.REV\ebg 11 WM EOFFM AUN GOLOSBURY otary Public, State of Florida Y Comm. EXP. March 3, 2000 No. CC 538784 ORB 1 i aaa� ag r=1-4B9 LEGAL DESCRIPTION PARCEL 3: A parcel of land in Section 30, Township 40 South, Range 43 East, Palm 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 Public Records of Palm Beach County, Florida. NASGM13153-33\LEGAL-EX.A\dae EXHIBIT "A" � rJ ORB 1 1Pg 6'9g0 DOROTHY H. WILKEN, CLERK GB COUNTV, FL 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:\SGFI113153-33\LEGAL-EX.B\dae EXHIBIT "B"