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HomeMy WebLinkAboutAgreement_General_12/9/2021_Royal Tequesta (2)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 9 day of b 9U-m %-Gr , 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 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. 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 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. 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. 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] 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:x_. Witness Date: �ZfI"3I-L.0-2-k Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of [physical presence or [ ] online notarization, this \ 3-day of Z)CLQ_rn 2021, by 7r�ny_ O' j2k- .brc 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 MANALI %A Commission # HH 064373 � Expires November 17, 2024 °' Bonded Thro Troy Fain Insurance 800.3W701 B STATE OF FLORIDA COUNTY OF PALM BEACH Notary Public, State of Florida AL TEGUEST Date: k1l The foregoing instrument was acknowledged before me by means of [ ) physical presence or [ ] online notarization, this day of 6 L(jr, f±`y , 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. STEPHEN COHEN Notary UbI1C W,' r Notary Public •State 0f Florida y , State of Florid Commission N GG 963271 My Comm. Expires Feb 27, 2024 Bonded through National Notary Assn• 1F, EXHIBIT "A" Grantee's Property and Proposed Improvement is 5 is u 16 It ItZ is Alp w AN " N,..-�.......».�� ::fir... J W 7RtL'xw .' -nw �WR�SI� WEST PROPERTY LKE SFCnnN PHaiF-11 ,m ��aas WEST PROPERTY LWE SF�tl PHASE-11 p aYFTER ern CNS s SECTION B-B a ire .00 -- m eraas a ru SECTION A -A EXHIBIT "B" Easement Area TEQUESTA HILLS CONDOMINIUM EXHIBIT "B" EASEMENT AREA SKETCH OF LEGAL DESCRIPTION (THIS IS NOT A SURVEY) S89031'28"E 11.08' w C)_ 00 LLj w NORTH LINE OF THE I I z - SOUTH 600.79' OF — If Q NW 1/4 OF NW 1/4 I w LU> RESERVE AT CC co TEQUESTA (PB 132.PG 1041 CHAINLINK FENCE VILLAGE OF TEQUESTA WATER PLANT EAST LINE OF THE NW 1/4 OF THE NW 1/4 SECTION 30/40/43 ALS PLAT OF VILLAGE OF TEQUESTA (PB 89,PG 108) < "I '/ ",� GREG Y T. TUCKER PR ESSYONAL SURVEYOR & MAPPER F RID EGISTRATION No.: 6147 DATE:11/17/2021 N89031'28"W 1.53' SCALE: 1" = 40' LEGEND POC - POINT OF COMMENCEMENT POB - POINT OF BEGINNING PB - PLAT BOOK PG - PAGE POB SW CORNER OF w RESERVE AT TEQUESTA w W v Q- `) COo -cs Z 0 COUNTY LINE PLAZA 0 ow zm 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 S89°31'28"E, 11.08 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID PLAT OF RESERVE AT TEQUESTA; THENCE S00°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 AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `.� 3/ 18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Tayley Abrahams Bowen, Miclette & Britt of Florida, LLC a/c° No 407-551-0164 a/c No:407 628-1635 1020 N. Orlando Avenue E-MAIL Suite #200 ADDRESS: tabrahams@bmbine.com Maitland FL 32751 INSURERS AFFORDING COVERAGE NAIC# INSURER A: United Specialty Insurance Company 12537 INSURED LCCONSTRUC INSURERS: Evanston Insurance Company 35378 LC Construction Florida, Inc. 1054 Gateway Boulevard, Suite 107 INSURERC: Boynton Beach FL 33426 INSURERD: INSURER E : INSURER F : COVFRAGFS CFRTIFIrATF NIIMRFR• 1a9dRn1a1R DCvtclnKI Kunuc-D• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUER WVID POLICY EFF POLICY NUMBER MM/DD/YYYYI I POLICY EXP (MM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 56300034500 3/23/2021 3/23/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence _ _ $ 300.000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY K PRO- JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS $ BODILY INJURY Per accident ( ) NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ B UMBRELLA LIAB X OCCUR Y Y MKLV2EUL104466 3/23/2021 3/232022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $, $ j WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE _ $ , (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractor's Pollution Liability; Policy No. SF21ECP000245NC (Effective Dates: 01/12/2021 - 01/12/2022) Each Occurrence: $5,000,000. Aggregate: $5,000,000, Navigators Specialty Ins. Co. NAIC# 36056 The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com When required by written contract, those parties listed in said contract, including the Certificate Holder, are added as an additional insured with respect to the See Attached... Village of Tequesta 345 Tequesta Drive Tequesta FL 33469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l't'j v ACORD 25 (2014/01) v I"O'du'14 AL UKU GUhtNURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4COR" AGENCY Bowen, Miclette & Britt of Florida, LLC POLICY NUMBER CARRIER AGENCY CUSTOMER ID: LCCONSTRUC LOC #: AnnITir)MAl RFMARKC CrWgnl II G NAIC CODE NAMED INSURED LC Construction Florida, Inc. 1054 Gateway Boulevard, Suite 107 Boynton Beach FL 33426 EFFECTIVE DATE: Panes i of I AUUI I IUNAL KtMAKKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE General Liability, including on -going and completed operations, and Excess Liability as afforded by the policy and/or endorsements. When required by written contract, waiver of subrogation is granted with respect to the General Liability and Excess Liability to those parties listed in said contract, Including the Certificate Holder. The General Liability certified herein is primary and non-contributory to other insurance available, but only to the extent required by written contract. Amon In4 r )nnoin, ---- - v z1JUt5 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 56300034500 Effective Data 3/23/2021 — 3/23/2022 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number: 56300034500 Effective Data 3/23/2021 — 3/23/2022 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 -Policy Number: 56300034500 Effective Data 3/23/2021 — 3/23/2022 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1