HomeMy WebLinkAboutAgreement_Easements_10/21/1969_ A G R E E M E N' T •
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THIS AGREEMENT, made this al day of Gc--,`G Le r,
1969 , between THE VILLAGE OF TEQUESTA, FLORIDA, .a municipal
corporation, Post Office Box 638 , Jupiter, Florida 33458
("the. Village") ., And PALM BEACH CABLE TELEVISION COMPANY, a
Florida corporation,. .27.51 South Dixie Highway, West Palm Beach,
Florida ("the Company") .
W 'I T N E S' SE TI:
Under date of. October 22, .1969 , the Village entered
into an agreement ("the purchase and` option agreement") with.
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. Thomas Haydn Simmons and Helen- Louise Simmons, his wife - ("Simmons")
providing for the purchase and option to purchase of and from Simmons
certain land in the Northwest Quarter of the Northwest Quarter
of Section 30,. .Township 40 South, Range 43 East, consisting of
approximately fifteen (1:5) acres ("the property") for an overall
consideration of $7.1,2.50 ..00 . Pursuant to the purchase and option
agreement, ,the Village has purchased Plot "F" , consisting of
five (5) acres, .as shown on the map attached thereto and has
paid to. Simmons therefor $13 ,7.50.00 in cash and $10 ,0.00. 00 by
a $10,.0.0.0...00. .non-interest bearing note of the. Village. The
purchase price of the balance of the property, being Plots "B" ,
"C"., ."D" and "E." on said map, is •$4.7,5,00.00, with certain dis-
counts for payment .in advance of the stated due dates in the purchase'
and option agreement..
The Village is using and plans to. use the property as
a water field, ,and the Company is interested in purchasing a
portion of the property for. use as a CATV "head-end" plant, ,
consisting of a small building to house electronic equipment,
a tower structure to support television and radio antenna and a
system of overhead or underground cables to distribute signals.
It appears that both such uses of the property at the same time
will be compatible..
NOW, THEREFORE, in consideration of the premises and
the mutual 'covenants and agreements contained herein, the parties
hereto agree as follows.:
1. The Village .agrees to sell and convey to the Company,
and the Company agrees to buy from the Village, ten (10) acres of
the property, being- that portion thereof colored in red on the
sketch .attached hereto and marked "Exhibit A" , for a total purchase
price of $50,.00.0...00,. payable $5,000 .00 at the time of execution
hereof, receipt of which .is acknowledged by the Village and the
balance of $45,000 .00 .as hereinafter set forth.
The sale .and. purchase is made on the following terms
and conditions:
(a) The Company shall have 10 days from the
date hereof to investigate and determine the availability of
easements for .its cables and transmission lines from the property
to the Intracoastal Waterway. In the event that the company finds
during said period that such easements are not available, it
may, at :its option, cancel this agreement, whereupon the Village
shall return to the Company the $5,000 .00 binder payment referred to
above and this agreement shall become null and void. In the event
that the easements are available, or are unavailable and the
Company decides to complete the purchase regardless,. the Company
shall., immediately upon the expiration of the 10 day period,
pay to. the Village the $45,000. 00- 'balance of the purchase price.
(b.) Upon the payment of the $45,000. 00 balance of
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the purchase price, as set forth in subparagraph (a) above, the
Village shall immediately give ,notice to Simmons of its intention
to accelerate the entire balance of the payments called for by
the purchase and option agreement for the purchase of Plots "B" ,
"C" , "D" and "E" , and shall complete the purchase of said Plots
on the earliest possible date under said purchase and option
agreement.
(c) Simultaneously with the recording of the
deeds from Simmons to the Village, the Village shall execute and
deliver to the Company a good and sufficient deed to the ten (10)
acres shown in red on the sketch attached hereto and marked
"Exhibit A" . The deed shall contain a covenant on the part of the
Grantor, which shall run with the land, that no sanitary hazards,
such as sanitary sewers, septic tanks and sewage or waste water dis-
posal areas, shall be located within 100 feet of any well site.
(d) At the time of the execution and delivery of
the deed to the Company referred to in subparagraph (c) hereof,
the Village and the Company shall enter into an agreement, in re-
cordable form, providing in substance the following:
(i) The Company shall give and grant to the
Village easements over, under and upon the aforesaid ten (10)
acres for a water field in connection with the water supply system
of the Village, the location of such easements , and number of
wells , to be as shown on the survey of Brockway, Owen & Anderson
Engineers , attached hereto and marked "Exhibit B" .
(ii) In making such easement grant the Company
shall reserve the right to use the ten (10) acres for a CATV "head-
end" plant, as described above, and to use the aforesaid easement
areas, other than the well sites themselves , for purposes of
ingress, egress and travel.
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(iii) The easement grant from the Company
to the Village shall terminate thirty (30) years from the date
of the easement agreement or when the Village ceases to use the
ten (10) acres as a source of water for consumption by residents
of the Village, whichever is sooner. In the event that the
water field is no longer used for the aforesaid purposes, the
Village shall furnish the Company with a resolution of its
Council, in recordable form, acknowledging that fact.
(iv) The Village will agree not to erect any
structure on the five (5) acre balance of the property in excess
of two stories in height with the exception of a water storage
tower, and no such tower shall be erected at a distance of more
than two hundred (200) feet East of State Road A-1-A.
2 . Anything hereinabove to the contrary notwithstanding,
it is understood and agreed that the obligation of the Company to
complete this transaction is contingent on the following:
(a) On or before the conveyance by the Village to
the Company of the aforesaid ten (10) acres , the Village shall
furnish to the Company a commitment of a reputable title insurance
company doing business in Palm, Beach County, Florida, agreeing to
insure the title of the Company to the ten (10) acres subject
only to the usual printed exceptions (which defects the Company
does not waive if the same exist as a matter of fact) and to an
easement in favor of American Telephone & Telegraph Company. Sub-
sequent to the closing the Village will at its cost deliver to the
Company a title policy pursuant to the aforesaid binder.
(b) On or before the closing of the transaction
and the delivery of the deed by the Village to the Company, the
Village shall execute and deliver to the Company a binding agree-
ment to annex the property and rezone the same so as to accommodate
the uses referred to above, i.e. , the use by the Village as a
water field and the use by the Company as a CATV "head-end"
facility, such annexation and rezoning to be accomplished within
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sixty (60). days from the date of delivery of such deed.
In the event that the annexation and rezoning is not
accomplished within the sixty (60) day period aforesaid, the Company
may rescind this transaction. In such case the Company shall
reconvey the property to the Village, and the Village shall
return to the Company all monies theretofore paid by it to the
Village on account of the purchase price.
3. The Village agrees that it will cooperate with, and
use all reasonable efforts to assist, the Company in obtaining the
easements to the Intracoastal Waterway referred to above and such
easements as are necessary in connection with the CATV system
in the Village of Tequesta. The agreement contained in this para- ,
graph shall survive the closing of this transaction without any
further writings .
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of: THE VILLAGE OF TEQUEST , FLORIDA
By ,„fg7illeejiy
4s " o�
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PALM BEACH CABLE TELEVISION COMPANY
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BROCKWAY, OWEN & ANDERSON
ENGINEERS
WEST PALM BEACH, FLORIDA
SKETCH OF
WATER SUPPLY EASEMENTS
VILLAGE OF TEQUESTA , FLORIDA
FIEF SCALE: /"= 000' ►OB 69-/302
OFFICE ', `
DR BY Ri..A. DATE: OCT. /.'e.,,,, T.S./977/
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