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HomeMy WebLinkAboutAgreement_General_12/9/2021_Royal TequestaRecord & 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 0 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: 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. (i) completion of the Work; or (ii) 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. Severability. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals as of the dates hereinafter set forth. VILLAGE OF TEQUESTA Y) By. -:- Witness Date: 1-J-), aya \ Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of [✓f physical presence or [ ] online notarization, this 1I day of 2021, by y-7CCI_ZN�e \7` PrmVpC cA > as Manager of the Village of Tequesta. He is personally known to me or has produced as identification and did not take an oath. �...� DIANA COLETTE MAN41 Commission it HH 064373 ;�'•° Expires November 17, 2024 Bonded Thu Troy Fain Insurance 800.385.7019 CAQt, W itnesr, a ' Witness Notary Public, State of Florida STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledC)%,� before me by means of [ �hysical presence oronline notarization, thisday of Zm �t 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. You'•. STEPHENCOHEN •`; Notary Public • State of Florida d Commission M GG 963277 Notary Public, State of Florida My Comm, Expires Feb 27, 2024 Bonded through National Notary Assn. aaw14�m .ssI.IVAw A� ^yW AL, W O L CL E O Q O aL ^W ^ L ^ CL O aL n d C 5 Zll e 'jtI tmaq H s,ima � rn c k 'q€ • : � � 1j �gtF� {j�� 7 E�isi �� Eei �� �, ?a ey � ?e Y �g$ !{�1 ,j � 1 � E Ie ie?� Yet : �SR"� "1 ii �! r!! 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EXHIBIT "B" Easement Area EXHIBIT "B" EASEMENT AREA SKETCH OF LEGAL DESCRIPTION TEQUESTA HILLS (THIS IS NOT A SURVEY) CONDOMINIUM S89031'28"E < 11.08' U- w o� c� ww NORTH LINE OF THE I z �- SOUTH 600.79' OF J Q NW 1/4 OF NW 1/4 CD w > RESERVE AT CHAINLINK FENCE - VILLAGE OF TEQUESTA WATER PLANT I w � TEQUESTA LU I (PB 132,PG 104) SCALE: 1" = 40' I I x I p I �n 1 3 � I � I t, I� 14, I I I I I ,I � ;'1 ° 1 N89031'28"W 'o moo, I ----- 1.53' ��p , LEGEND POC - POINT OF COMMENCEMENT POB - POINT OF BEGINNING PB - PLAT BOOK PG - PAGE POB SW CORNER OF w RESERVE AT TEQUESTA w � EAST LINE OF THE LO m o NW 1/4 OF THE NW 1/4 v cs o SECTION 30 / 40 / 43 o Z o COUNTY LINE PLAZA 0 < z w m ALS PLAT OF VILLAGE OF TEQUESTA (PB 89,PG 108) GREGJQRY T. TUCKER PRQf`ESSJONAL SURVEYOR & MAPPER FLORID EGISTRATION No.: 6147 DATE:11/17/2021 POC SE CORNER OF THE NW 1/4 OF THE NW 1/4 SECTION 30/ TOWNSHIP 40S/ RANGE 43E SHEET 1 OF 2 Legqcy 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 TCE 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 (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 30; THENCE N00014'54"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 RECORDED IN PLAT BOOK 132, PAGE 104, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE N89°31'28"W, 1.53 FEET TO THE INTERSECTION WITH A CHAIN LINK FENCE; THENCE N37°10'58"W, ALONG SAID CHAIN LINK FENCE 30.39 FEET, THENCE N04°16'32"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 SOO°14'54"W, ALONG SAID WEST LINE, 150.80 FEET TO THE POINT OF BEGINNING. CONTAINING 2,229 SQUARE FEET MORE OR LESS Legqcy Surveying and Mapping, Inc. 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 Phone: (561) 746-8424 BUSINESS LICENSE: LB# 8130 DATE:11/17/2021 SHEET 2 OF 2 JOB NO.: 18-120 TCE