HomeMy WebLinkAboutDocumentation_Regular_Tab 14_12/9/2021Agenda Item #14.
Regular Council
STAFF MEMO
Meeting: Regular Council - Dec 09 2021
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
EMW W ANIMENEEMM&� �
Approve Temporary Construction and Access Easement and Maintenance Agreement with Royal
Tequesta, LLC
Royal Tequesta, LLC owns the property located on N US Highway 1 currently under construction as a
residential development known as "Reserve at Tequesta". Due to the existing grading between the
subject property and the property immediately to the west owned by the Village, Royal Tequesta is
required to perform minor grading work on the southwestern portion of the site, impacting the land
owned by the Village. In order to complete this grading work on Village property a temporary
construction & access easement is required. Upon completion of the work Royal Tequesta will restore
the Easement Area at its sole cost including finished grading to slope not -to -exceed 2.5 vertical to 1
horizontal, installation of a turf reinforcement mat, and installation of bahia sod pinned to the slope. In
consideration of approval to complete the work, Royal Tequesta agrees to maintain the grading on the
Easement Area in perpetuity once the improvements are completed. A separate maintenance
agreement has been prepared for the perpetual maintenance of the grading on the Easement Area.
Both the Temporary Construction & Access Easement and Maintenance Agreement have been
prepared by the Village attorney.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Approve Temporary Construction & Access Easement and Maintenance Agreement with Royal
Tequesta, LLC.
Proposed Temporary Construction & Access Easement.ada
Proposed Access & Maintenance Agreement.ada
Page 143 of 222
Agenda Item #14.
The following documenti*s presented in a non=
ADA compliant format. Please contact the
Village Clerk's office if you would like to
receive an ADA compliant version of this
document.
Page 144 of 222
Agenda Item #14.
Record & Return To:
Keith W. Davis. Esq.
Davis & Associates, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
This TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
("Agreement"), is made and entered into this day of , 2021 (the "Effective
Date"), by and between the VILLAGE OF TEQUESTA, a municipal corporation existing under
the laws of the State of Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469,
hereinafter referred to as "VILLAGE", and ROYAL TEQUESTA, LLC, a Florida limited liability
company, whose mailing address is 1054 Gateway Boulevard # 107, Boynton Beach, Florida,
33426, hereinafter referred to as "ROYAL TEQUESTA".
Background Information
A. ROYAL TEQUESTA owns certain real property in the Village of Tequesta and is currently
undertaking the construction of an approved residential development project known as the "Reserve
at Tequesta", as more particularly described on Exhibit "A" attached hereto (the "Property").
B. The VILLAGE is the fee simple title owner of certain real property, which is located at
841 Old Dixie Highway, Tequesta, Florida and identified under Parcel Control Number of 60-43-
40-30-00-000-3170.
C. As part of construction, ROYAL TEQUESTA is required to perform minor grading work
(the "Work") on the southwestern portion of the site, impacting land owned by the VILLAGE (the
"Easement Area").
D. The VILLAGE has agreed to grant to ROYAL TEQUESTA, and its successors and
assigns, a temporary construction easement on, over, upon, under and across the Easement Area on
the VILLAGE's Property, as described in the attached Exhibit "B", for the purposes stated herein;
and
E. The Parties have agreed to grant certain easements upon the terms and conditions
specifically provided for herein.
Agreement
NOW THEREFORE, in consideration of the premises, as set forth in the foregoing
Background Information, and of the mutual promises herein set forth, and other good and valuable
consideration paid, the Parties to hereby agree as follows:
Page 145 of 222
Agenda Item #14.
1. Easement to Royal Tequesta. The VILLAGE hereby grants to ROYAL TEQUESTA, and
its consultants, contractors, agents, and assigns, a temporary construction and access
easement on, over, upon, under and across the Easement Area, as depicted in Exhibit "B",
attached hereto and incorporated herein. The purpose of this easement is to provide
ROYAL TEQUESTA with temporary access for construction activity within the
Easement Area to facilitate required site grading activities. The work shall be completed
by and at the sole cost of ROYAL TEQUESTA, or its designee, and shall be completed
in a timely, first class and workmanlike manner. ROYAL TEQUESTA agrees to maintain
the grading on the Easement Area in perpetuity once the improvements are completed.
2. Term of the Temporary Construction and Access Easement. The Temporary Construction
and Access Easement shall commence on the Effective Date and shall terminate upon the
earlier of: (1) completion of the Work; or (11) two (2) years from the Effective Date of this
Temporary Construction and Access Easement. The Village, in its sole and absolute
discretion, may authorize renewal for up to two (2) additional years. Such renewal shall
be by written amendment.
3. Restoration. Once the Work is complete, ROYAL TEQUESTA shall, at its sole cost and
expense, restore the cover of the Easement Area including finished grading to slope not -
to -exceed 2.5 vertical to 1 horizontal, installation of a turf reinforcement mat, and bahia
sod pinned to the slope. If, as a result of the exercise of any easement rights created under
this Agreement, ROYAL TEQUESTA shall damage or disturb the VILLAGE'S Property
or any property adjacent to the Property, ROYAL TEQUESTA shall, at its sole expense,
promptly repair or restore the VILLAGE'S Property or any property adjacent to as
Property, as nearly as possible, to the condition existing prior to such damage or
disturbance.
4. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the state of Florida.
5. Sever ability. If any provision of this Agreement or the application of any provision shall
be determined to be invalid or unenforceable, then such determination shall not affect any
other provision of this Agreement.
6. Amendments in Writing. No change, amendment, termination or attempted waiver of any
of the provisions of this Agreement shall be binding upon any Party unless in writing and
signed by the Parties.
7. Entire Agreement. This Agreement embodies the entire understanding of the Parties
hereto, and supersedes all prior discussions and agreements between the parties hereto,
and there are no further or other agreements or understanding, written or oral, in effect
between the parties relating to the subject matter hereof.
Page 146 of 222
Agenda Item #14.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as
of the dates hereinafter set forth.
Witness
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
VILLAGE OF TEQUESTA
By:
Date:
The fore orninor instrument was acknowledged before me by means of [ ] physical presence or [
online notarization, this day of , 2021� by
as Manager of the Village of Tequesta. He is personally known to
as identification and did not take an oath.
Witne s§�-�
Annnyyy
Witness
me or has produced
Notary Public, State of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [-.../(Physical presence or
online notarization, this day of K, Ok; Un r 2021, by Louis J. Capano, Jr., as
Manager of Royal Tequesta, LLC- He is 2ersonalIX known to me or has produced
as identification and did not take an oath.
W■llSTEPHEN COHEN
Notary Public State of Flwoft F
3
Notary Public, State of Flori
COmmission 96
da
# GG 3277
My Comm. Expires Feb 27# 2024
Bonded through National Notary Assn.
Page 147 of 222
Agenda Item #14.
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Page 148 of 222
Agenda Item #14.
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Page 149 of 222
Agenda Item #14.
EXHIBIT "B"
Easement Area
Page 150 of 222
EXHIBIT "B"
EASEMENT AREA
SKETCH OF LEGAL DESCRIPTION
TEQUESTA HILLS (THIS IS NOT A SURVEY)
CONDOMINIUM S89031'28"ECD
�
11.08' U_ LU
o�
w
NORTH LINE OF THE � I z-
SOUTH 600.79' OF �-�-� � Q
NW 1/4 OF NW 1/4 � w
� Lu > RESERVE AT
� coTEQUESTA
u' (PB 132.PG 1041
CHAINLINK
FENCE
VILLAGE OF TEQUESTA
WATER PLANT
I
I N890' "}
U
EAST LINE THE O F � °° o
- 0
NW 1/4 OF THE NW 1/4 T z
SECTION 30/40/43 0 '� uO
) dr
zw
ALS PLAT OF
VILLAGE OF TEQUESTA
(PB 89,PG 108)
GREG Y T. TUCKER �
PRqlfESSPNALSURVEYOR &MAPPER
F RID EGISTRATION No.: 6147
❑ATE:11 /1i/2021
SCALE: 1 " = 40
LEGEND
POC - POINT OF COMMENCEMENT
POB - POINT OF BEGINNING
PB - PLAT BOOK
PG - PAGE
POB
SW CORNER OF
RESERVE AT TEQUESTA
COUNTY LINE PLAZA
POC
SE CORNER OF THE
NW 1/4 OF THE NW 1/4
SECTION 30/ TOWNSHIP
40S/ RANGE 43E
SHEET 1 OF 2
Le ac
Surveying and Mapping, Inc.
112 N. U.S. Highway No. 1
Tequesta, FL. 33469
Phone: (561) 746-8424
BUSINESS LICENSE: LB# 8130
JOB NO.: 18 -120 TC E
Page 151 of 222
0 - :r
Aaencia em #1 0
EXHIBIT "B"
EASEMENT AREA
LEGAL DESCRIPTION
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW1j4) of THE
NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 30; THENCE N00014154"E, ALONG
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
30 (BASIS OF BEARINGS) 450.00 FEET To THE SOUTHWEST CORNER OF THE PLAT OF
RESERVE AT TEQUESTA, AS REGORGED IN PLAT BOOK 132, PAGE 104, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING, THENCE
N89031'28"W3 1.53 FEET TO THE INTERSECTION WITH A CHAIN LINK FENCE; THENCE
N37010'58"W, ALONG SAID CHAIN LINK FENCE 30.39 FEET, THENCE N04016'32"E,
ALONG SAID CHAIN LINK FENCE AND ITS NORTHERLY EXTENSION, 127.02 FEET TO
THE INTERSECTION WITH THE NORTH LINE OF THE SOUTH 600.79 FEET OF SAID
NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) of SECTION 30,
THENCE S89031'28"E, 11.08 FEET TO THE INTERSECTION WITH THE WEST LINE OF
SAID PLAT OF RESERVE AT TEQUESTA; THENCE S00014'54"W, ALONG SAID WEST LINE
150.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 23229 SQUARE FEET MORE OR LESS
Legac y
Surveying and :Flapping, Inc.
112 N. U.S. Highway No. 1
Tequesta, FL. 33469
Phone: (561) 746-8424
BUSINESS LICENSE, LB# 8130
DATE : 1 1 / 17 / 2021 SHEET 2 OF 2 JOB NO.: 18 -120 TCE
Page 152 of 222
Agenda Item #14.
The following documenti*s presented in a non=
ADA compliant format. Please contact the
Village Clerk's office if you would like to
receive an ADA compliant version of this
document.
Page 153 of 222
Agenda Item #14.
Record & Return To:
Keith W. Davis. Esq.
Davis & Associates, P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
ACCESS AND MAINTENANCE EASEMENT AGREEMENT
This ACCESS AND MAINTENANCE EASEMENT AGREEMENT ("Agreement"), is
made and entered into this day of , 2021 (the "Effective Date"), by and
between the VILLAGE OF TEQUESTA, a municipal corporation existing under the laws of the
State of Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred
to as "VILLAGE", and ROYAL TEQUESTA, LLC, a Florida limited liability company, whose
mailing address is 1054 Gateway Boulevard # 107, Boynton Beach, Florida, 33426, hereinafter
referred to as "ROYAL TEQUESTA".
Backiround Information
A. ROYAL TEQUESTA owns certain real property in the Village of Tequesta and is currently
undertaking the construction of an approved residential development project known as the "Reserve
at Tequesta", as more particularly described on Exhibit "A" attached hereto (the "Property").
B. The VILLAGE is the fee simple title owner of certain real property, which is located at
841 Old Dixie Highway, Tequesta, Florida and identified under Parcel Control Number of 60-43-
40-30-00-000-3170.
C. As part of construction, ROYAL TEQUESTA is required to perform minor grading work
(the "Work") on the southwestern portion of the site, impacting land owned by the VILLAGE (the
"Easement Area").
D. The VILLAGE has granted ROYAL TEQUESTA, and its successors and assigns, a
temporary construction and access easement on, over, upon, under and across land owned by the
VILLAGE (the "Easement Area"), as described in the attached Exhibit "B", for temporary access
to the Easement Area to facilitate construction activity and required site grading activities; and
E. The VILLAGE now desires to grant to ROYAL TEQUESTA, and its successors and
assigns, a perpetual access and maintenance easement on, over, upon, under and across the
Easement Area on the VILLAGE's Property, as described in the attached Exhibit "B", for those
purposes stated herein; and
F. The Parties have agreed to grant certain easements upon the terms and conditions
specifically provided for herein.
Page 154 of 222
Agenda Item #14.
Agreement
NOW THEREFORE, in consideration of the premises, as set forth in the foregoing
Background Information, and of the mutual promises herein set forth, and other good and valuable
consideration paid, the Parties to hereby agree as follows:
1. Access and Maintenance Easement to Royal Tequesta. The VILLAGE hereby grants to
ROYAL TEQUESTA, and its consultants, contractors, agents, successors and assigns, a
non-exclusive and perpetual access and maintenance easement on, over, upon, under and
across the Easement Area, as depicted in Exhibit "B", attached hereto and incorporated
herein. The purpose of this easement is to provide ROYAL TEQUESTA with access to
the Easement Area to perform routine and periodic maintenance and repair activities
including, but not limited to, mowing, sodding, re -grading, reinstallation of turf
reinforcement mats or bahia sod, as well as any other necessary maintenance or repair
activities as related to landscaping, re -grading, or erosion control within the Easement
Area. The work shall be completed as agreed by and at the sole cost of ROYAL
TEQUESTA, or its designee, and shall be completed in a timely, first class and
workmanlike manner.
2. Term of the Access and Maintenance Easement and Termination. The Access and
Maintenance Easement shall commence on the Effective Date and shall remain in effect
until otherwise terminated at the sole discretion of the VILLAGE. The VILLAGE reserves
the right to terminate this Access and Maintenance Easement at any time upon thirty (30)
days written notice to ROYAL TEQUESTA. In addition, termination of this Access and
Maintenance Easement shall be formalized by a written release or termination which shall
subsequently be recorded in the Official Records of Palm Beach County.
3. Restoration. If, as a result of the exercise of any easement rights created under this
Agreement, ROYAL TEQUESTA shall damage or disturb the VILLAGE'S Property or
any property adjacent to the Property, ROYAL TEQUESTA shall, at its sole expense,
promptly repair or restore the VILLAGE'S Property or any property adjacent to as
Property, as nearly as possible, to the condition existing prior to such damage or
disturbance.
4. Insurance. Prior its exercise of any easement rights created under this Agreement,
ROYAL TEQUESTA shall obtain insurance coverage policies in the following amounts:
(1) Commercial general liability insurance, on an occurrence basis, covering bodily injury,
property damage and personal injury and including operations, completed operations and
contractual liability with a limit of at least $1,000,000 per occurrence; (2) Commercial
automobile liability coverage covering owned, non -owned and leased vehicles with a limit
of at least $1,000,000 per occurrence; and (3) Workers Compensation and Employers'
Liability insurance in those coverage amounts required by Florida law. ROYAL
TEQUESTA shall name the VILLAGE as an additional insured on the liability portion of
any applicable insurance policies under this Agreement.
Prior its exercise of any easement rights created under this Agreement, ROYAL
TEQUESTA shall provide the VILLAGE with written evidence of all required insurance
Page 155 of 222
Agenda Item #14.
coverage policies, and shall continue to provide the VILLAGE, on an annual basis, with
written evidence of all required insurance coverage policies for the entire term of this
Agreement.
5. Assumption of Risk; Release of Liability. In its exercise of any easement rights created
under this Agreement, ROYAL TEQUESTA specifically and distinctly assumes all risks
and liabilities of bodily harm, injury, or other damage to property or persons used or
employed in connection with those periodic maintenance and repair activities
contemplated by this Agreement. To the greatest extent permitted by law, ROYAL
TEQUESTA hereby expressly releases and discharges the VILLAGE from any and all
liabilities for any physical harm or bodily injury, death, or property damage or destruction
incurred by ROYAL TEQUESTA, its agents, servants, employees, contractors, successors
and assigns, and any and all claims, damage, losses or liability incurred by ROYAL
TEQUESTA in the performance of those periodic maintenance and repair activities
contemplated by this Agreement.
6. Indemnification and Release. ROYAL TEQUESTA shall at all times indemnify, defend
and hold harmless the VILLAGE, its agents, servants, and employees, from and against
any claim, demand or cause of action of whatsoever kind or nature, arising out of error,
omission, negligent act, conduct, or misconduct of ROYAL TEQUESTA, its agents,
servants, employees, contractors, successors and assigns in the performance of those
activities contemplated by this Agreement. Nothing contained in this provision shall be
construed or interpreted as consent by the VILLAGE to be sued, nor as a waiver of
sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes.
7. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the state of Florida.
8. Sever ability. If any provision of this Agreement or the application of any provision shall
be determined to be invalid or unenforceable, then such determination shall not affect any
other provision of this Agreement.
9. Amendments in Writing. No change, amendment, termination or attempted waiver of any
of the provisions of this Agreement shall be binding upon any Party unless in writing and
signed by the Parties.
10. Entire Agreement. This Agreement embodies the entire understanding of the Parties
hereto, and supersedes all prior discussions and agreements between the parties hereto,
and there are no further or other agreements or understanding, written or oral, in effect
between the parties relating to the subject matter hereof.
[REST OF PAGE LEFT INTENTIONALLY BLANK]
Page 156 of 222
Agenda Item #14.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as
of the dates hereinafter set forth.
VILLAGE OF TEQUESTA
By:_
Witness
Date:
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [ ]physical presence or [ ]
online notarization, this day of , 20211 by
as Manager of the Village of Tequesta. He is personally known to
as identification and did not take an oath.
me or has produced
Notary Public, State of Florida
ROYAL TEQUESTA, LLC
BY:
Witness
Date:
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ]
online notarization, this day of , 2021, by Louis J. Capano, Jr., as
Manager of Royal Tequesta, LLC. He is personally known to me or has produced
as identification and did not take an oath.
Notary Public, State of Florid
Page 157 of 222
Agenda Item #14.
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Page 158 of 222
Agenda Item #14.
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Page 159 of 222
Agenda Item #14.
EXHIBIT "B"
Easement Area
Page 160 of 222
EXHIBIT "B"
EASEMENT AREA
SKETCH OF LEGAL DESCRIPTION
TEQUESTA HILLS (THIS IS NOT A SURVEY)
CONDOMINIUM S89031'28"ECD
�
11.08' U_ LU
o�
w
NORTH LINE OF THE � I z-
SOUTH 600.79' OF �-�-� � Q
NW 1/4 OF NW 1/4 � w
� Lu > RESERVE AT
� coTEQUESTA
u' (PB 132.PG 1041
CHAINLINK
FENCE
VILLAGE OF TEQUESTA
WATER PLANT
I
I N890' "}
U
EAST LINE THE O F � °° o
- 0
NW 1/4 OF THE NW 1/4 T z
SECTION 30/40/43 0 '� uO
) dr
zw
ALS PLAT OF
VILLAGE OF TEQUESTA
(PB 89,PG 108)
GREG Y T. TUCKER �
PRqlfESSPNALSURVEYOR &MAPPER
F RID EGISTRATION No.: 6147
❑ATE:11 /1i/2021
SCALE: 1 " = 40
LEGEND
POC - POINT OF COMMENCEMENT
POB - POINT OF BEGINNING
PB - PLAT BOOK
PG - PAGE
POB
SW CORNER OF
RESERVE AT TEQUESTA
COUNTY LINE PLAZA
POC
SE CORNER OF THE
NW 1/4 OF THE NW 1/4
SECTION 30/ TOWNSHIP
40S/ RANGE 43E
SHEET 1 OF 2
Le ac
Surveying and Mapping, Inc.
112 N. U.S. Highway No. 1
Tequesta, FL. 33469
Phone: (561) 746-8424
BUSINESS LICENSE: LB# 8130
JOB NO.: 18 -120 TC E
Page 161 of 222
0 - :r
Aaencia em #1 0
EXHIBIT "B"
EASEMENT AREA
LEGAL DESCRIPTION
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW1j4) of THE
NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 30; THENCE N00014154"E, ALONG
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
30 (BASIS OF BEARINGS) 450.00 FEET To THE SOUTHWEST CORNER OF THE PLAT OF
RESERVE AT TEQUESTA, AS REGORGED IN PLAT BOOK 132, PAGE 104, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING, THENCE
N89031'28"W3 1.53 FEET TO THE INTERSECTION WITH A CHAIN LINK FENCE; THENCE
N37010'58"W, ALONG SAID CHAIN LINK FENCE 30.39 FEET, THENCE N04016'32"E,
ALONG SAID CHAIN LINK FENCE AND ITS NORTHERLY EXTENSION, 127.02 FEET TO
THE INTERSECTION WITH THE NORTH LINE OF THE SOUTH 600.79 FEET OF SAID
NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) of SECTION 30,
THENCE S89031'28"E, 11.08 FEET TO THE INTERSECTION WITH THE WEST LINE OF
SAID PLAT OF RESERVE AT TEQUESTA; THENCE S00014'54"W, ALONG SAID WEST LINE
150.80 FEET TO THE POINT OF BEGINNING.
CONTAINING 23229 SQUARE FEET MORE OR LESS
Legac y
Surveying and :Flapping, Inc.
112 N. U.S. Highway No. 1
Tequesta, FL. 33469
Phone: (561) 746-8424
BUSINESS LICENSE, LB# 8130
DATE : 1 1 / 17 / 2021 SHEET 2 OF 2 JOB NO.: 18 -120 TCE
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