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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 3A_2/8/2002 __.._ _ -....__ .. �.. ......,,. i ..on LA va as •vrii True JO1J/J/J9by Jb1 J!, bLJ7 Page 1." S +**** Retransmission . **** 3 l i 4J .l.i Official Report To The Bayview Terrace Homeowners Association �"c: w:� I <,` .> `,,' Sunday September 10, 2000 OFFICIAL REPORT; AT THE REQUEST OF THE BOARD—A research investigation regarding ownership status and maintenance responsibility for the property buffering Bayview Terrace homes and Tequesta Drive. Alter meetings with several HOA residents and officials from The Village of Tequesta and Loxahatchee River District(ENCON), I offer the following disposition. Issues: Ownership of Property Responsibilities of HOA 4 Role of Homeowners Association 4 Alternative Actions Available Most of the residents of Bayview mistakenly believe that the property located north of the residential fence line parallel to Tequesta Drive is common property to the subdivision. The property is actually a right of way owned by the VILLAGE OF TEQUESTA. In essence, the subject property is NOT OVIINED by THE BAYV4EW TERRACE HOA. However, many of the original owners of the subdivision, through their HOA,took action to improve and maintain that public property as though it were property common to the Bayview Terrace subdivision, intending to enhance the overall appearance of their community. Research indicates that most of the residents were unaware that the property was not their legal responsibility and consequently accepted a misstated obligation to contribute to the maintenance of the lengthy property that buffered the street from the development. RESIDENTS, as members of the Bayview Terrace Homeowners Association, DO NOT HAVE AN OBLIGATION TO FUND PUBLIC PROJECTS OR PERFORM PUBLIC MAINTENANCE THROUGH THEIR DUES. Those activities are already funded through municipal taxes paid to the Village of Tequesta. Homeowners may, of their own free will, voluntarily contribute towards any beautification programs that may enhance the appearance of their community. However, individual HOMEOWNERS CAN NOT BE LEGALLY BOUND TO FUND THESE CONTRIBUTIONS AS PART those maintenance ten n e expenses are strictly designatede los andned in the HOA aeement restricted to"common area"w hereby MAINTENANCE that which is owned by the Association. As a historical perspective, Bayview Terrace Homeowners Association previously requested and obtained permission from the Village of Tequesta to voluntarily provide two private signs identifying the subdivision to be located at the intersection of Tequesta Drive and Bayview Terrace on public property. The Village of Tequesta required that the HOA indemnify and hold the Village harmless for any and all liability connected with the placement of private signs in the public right-of-way. The association complied in August of 1989 by entering into a hold-harmless agreement, supported with the ongoing obligation of insuring the sign against all liability. The HOA also agreed to bear all maintenance costs for the signs, as well a promise to remove them if necessary. The HOA also requested permission to install en irrigation system to provide water for donated public improvements(landscaping)adjacent to the signage identifying"Bayview Terrace"at the intersection of Tequesta Drive and Bayview Terrace. A permit to install an irrigation system on that same right-of-way was granted in September of 1989. Sent by:ROBERT LANDSRAFF Jan-21-02 12:20pm from 5615757340)561 575 6239 page 2/ 3 The HOA has voluntarily funded and maintained the irrigation system, including a well, that is also located on public property,for over a decade in an attempt to beautify the surrounding Tequesta Drive area viewed from by passersby. Furthermore, municipal research confirms that the sprinklers from that irrigation system are located on public property and hence are legally under the control of the Village of Tequesta. The cumulative costs related to that ongoing burden of establishing and maintaining those contributions for landscaping, irrigation, and a continuous maintenance is approaching 5100,000 to date. The Village recently instituted a sizable public improvement project directly adjacent to the subject,working to establish a beautification corridor on Country Club Drive, and extending onto Tequesta Drive. After meeting with Scott Ladd, Director of Community Development for the Village of Tequesta, the following information was discussed and some options were initially explored. The Village has differing practices regarding how it maintains its rights of way. Some are preserved with full maintenance,while others get minimal, and still others have cooperative agreements for care. Gary Preston, Director of Public Works has the responsibility of maintaining designated public areas. The Village Manager determines those designations. ' The HOA only indicated limited care for landscaping immediately abutting the signage,and is not bound to provide continuing care. The HOA must, however, maintain insurance on • the two signs and be responsible for their removal, if needed. ► The Village Manager determines the level of maintenance required. The prevailing feeling is to invest in the continued beautification of the Country Club Drive and Tequesta Drive corridor. • The Village currently has irrigation on the south side of Tequesta Drive, in the form of "bubblers"that irrigate various tree-landscaping locations in the right of way. The Village irrigation is supplied by the municipal water system, ► if the HOA chooses to stop the costly contribution of maintenance activities to the adjacent right-of-way, it may at will because there is no legal agreement covering the activity. A letter to the Village Manager would be the prudent and appropriate path of notification. ► Mr, Ladd also suggested another option: Having the Village abandon its ownership of portions of the right-of-way, and consequently shift the responsibility of maintenance to the abutting property owners. This action would create a balanced benefit (additional land + additional taxes)to the individual homeowner, while adding to the tax roll and relieving the Village of their responsibility, A letter to the Village Manager requesting the Village abandonment of a portion of their large right-of-way would create the potential for increasing the abutting property owners lots with the surplus land. That would alleviate concerns of responsibility for maintenance because the individual property owners would be responsible for providing their own care, This last option captured the support of Scott Ladd, who saw the very large right-of-way as a problematic result of planning and provisions that occurred circa 1960's. The forty-year-old plan envisioned a divided roadway with a center median lushly landscaped with royal palms and floras, similar to the two major entries in Palm Beach. The plan was to develop a grand entrance corridor to the Country Club subdivision, and could still be acted upon by the current Village Council. From a practical standpoint, divesting itself of the available property would diminish that possibility for the Village. The staff views actually completing of the old corridor plan as a severe headache, although it would be quite beautiful. 2 '' --••- - �•-�• ... ..... sari-ci-uc 1L:LGPrI trori 5615757340÷561 575 6239 Page 3i 3 f ACTIONS&OPTIONS: 1, CONTINUE TO PERFORM THE LANDSCAPING ACTIVITIES AS iN THE PAST and attempt to collect dues in support of that effort. However, The HOA has rip legal eligibility to mandate Lwith recourse)or collect private funds for this stated use. Those funds should be considered"contributions"that are individually donated at free will.Any attempt to continue HOA funding will create an immediate equity issue of duplicate and redundant spending, Consequently, the HOA should cease including the costs of that specific maintenance as part of the financial responsibility In recognition that the subject overhead does not occur on common property, and as such should not be considered as part of the legally-constituted overhead covered by HOA dues, It remains categorically unfair to insist that env resident pa�TyVICE for#h© same service that is surcharged end collegted under the municipal tax by The Village of Tequesta. 2. Any individual homeowners may choose to fund by donation a private landscaping service as a Collateral CONTRIBUTION to assist for the care of public land that is currently provided for by the Village through taxpayer funds. 3, Notify the Tequesta Village Manager of the intention to CEASE OUR PRACTICE OF CARING FOR THE PUBLIC RIGHT-OF-WAY, and contribute any rights of ownership we may have for the irrigation system to the Village of Tequesta. Furthermore,the HOA, as well as each individual homeowners, should INSIST THAT THE VILLAGE MAINTAIN THE DONATED LANDSCAPE IN A WAY THAT IS CONSISTENT WITH THE QUALITY OF THE PAST DECADE, Furthermore,assurance should be given to the residents of MAINTAINING A HIGH LEVEL OF CARE TO PREVENT THE EXISTING COSTLY LANDSCAPING EFFORT FROM DEGENERATING AND COMPROMISING THE SURROUNDING BEAUTIFICATION CORRIDOR. 4. INVITE THE INDIVIDUAL LANDOWNERS TO INVESTIGATE THE TRANSFER OF OWNERSHIP of any portion of the existing right-of-way that abuts their property, if individually Interested in a potential trade-off. That action must be taken independently because the Association, as such, has no legal standing. This report reflects the factual information gained through meetings with public officials and select HOA members that had past involvement in the activities under scrutiny in this research. It is my recommendation that the Board reflects on the findings of this action and makes preparations to adjust the dues for 2001 to directly reflect the reduction in mandatory overhead expenses. As covered by provisions within the Bylaws of the HOA, only those maintenance expenses to common property can be legally assessed to the member-residents, Furthermore, it should be noted that there are two areas of common interest for the Bayview Terrace Homeowners Association: 1, Having exclusive responsibility for 2 entry signs(Bayview Terrace)and related insurance coverage 2. A cooperative pro-rata agreement for maintenance between Bayview Terrace and Shady Lane Homeowners for their mutual and shared rights and responsibilities of the common property currently containing a sidewalk capital improvement, The only current maintenance issues for common property discussion cooperative insurance as well as cutting existing growth and any tree care required to the existing single tree, and any sidewalk repairs. If improvements are made, they must be funded as capital improvements and fall outside of the current$3QQ dues structure. Once a capital expenditure is approved and completed, annual maintenance will be shared accordingly at the approval of the membership through a budgeted provision. Hence, OUR CURRENT DUES STRUCTURE SHOULD UNDERGO SUBSTANTIAL DOWNSIZING FOR 2001. Respectfully submitted this 10'h day of September,2000 by Steve Okun, 12 Bayview Terrace—744-8434 3 • o ' i•. • 4:E au cz -= '0 ,ii! 01111. ':•::.'',:, 1,),a , . P4 4 ..., tt.,:„,,, ,, z Z 1•4 = 499- ,Ce 1 LAI 0 : A st t-4 i M cc re) , -300 12 LA) a 3 w) Li 8 • u C 301 >-• eL-J ot_ 40., 11/ m w \ 00 1111111 ° r. —I f. • 303'.' -.4 5 1111 • \041111 1:11. r01 l•-• . N' 5° . 3 a I WINDWARD AVE . ., ,•,-.. ,..::.,..,-A,„,„;, oN ' 0 ,,.1• , 13 - - lite . • a 1 illt• RMEI - ' ANOR . . a_ ri. gift, I 24, -Prw LiLd 0 e...LA 7u N-------i)A VIEW - -- --re_pctes7F) .. 414. a / ' m, - • -;-19ZA - r #1' TADRIVE — 2 3_ 59a' - -U 13 4. '..4'k Gi4LRA-s, nApoksm,t.3s b..1,, , 0 , .... Ai& •11, 6 VIPILI, (ceatt54,4Be . 07 • 1 1° IR 1 w -62 14 P/iZzi 4 Disc,urta: RR 11- ::77154" 0 - 84 ''irl #.:.•. • - 410 di a . w .NI FIRST PRESBYtERIAN 9 7 4/ CHURCH r.... 1— CP ...L I 59W6 4. 11 1E , .. U , ' ' A 9 . vt " 0 . • 1."://:2: < 597 6 a al 15 ii 7 11. >. ; 0 BAYVIEW ICOUR.vtli, _ _ .,... . „ . . . SHADY LANE ig V to 32t 0 1 . e 2 • cs190 JcS FOS"IER Flagler Center Tower,Suite 1100 Mailing Address T J® sTON 505 South Flagler Drive Post Office Box 3475 �X Q� S BS 1 y A 1.1�. West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475 , Telephone(561)659-3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esq. Direct Dial:(561)650-0458 E-mail: jrandolph(a jones-foster.com November 2, 2001 VIA FAX: 575-6224 Mr. Jeffery Newell Director of Community Development Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Robert and Sheila Landgraff vs Bayview Terrace Homeowners' Association,Inc. • and Village of Tequesta Our File No. 13153.61 Dear Jeff: - Enclosed is a draft of my Response to Request to Produce, along with the documents I intend to produce. Please review same and advise as to whether you have anything else which we should produce. Thank you. Sincerely, JONES, FOS ER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR/ssm Enclosures IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: CA 01-08178 AJ ROBERT AND SHEILA LANDGRAFF, Plaintiffs, vs BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION, INC. and THE VILLAGE OF TEQUESTA, Defendants. VILLAGE OF TEQUESTA'S RESPONSE TO REQUEST TO PRODUCE COMES NOW Defendant, VILLAGE OF TEQUESTA, and in response to Plaintiffs Request to Produce dated October 30, 2001, states as follows: 1. Attached are all documents which the Village has been locate which relate to the obligation to maintain or improve the real property which forms the subject matter of these proceedings. 2. All of the documents responsive to this request are contained within the response to paragraph 1. At this point, however, the Village is not fully cognizant of all documents upon which it intends to rely at trial. I HEREBY CERTIFY that a true copy of the foregoing instrument has been furnished to DAVID L. GORMAN, Esquire, 618 U.S. Highway One, Suite 303, North Palm Beach, Florida 33408; and to JOAN M. LEVIT, Esquire, Akerman, Senterfitt & 1 Eidson, P.A., 350 East Las Olas Boulevard, Suite 1600, Fort Lauderdale, Florida 33301, by U.S. mail, this day of November, 2001. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive Post Office Box 3475 West Palm Beach, FL 33402-3475 Telephone: (561) 659-3000 Facsimile: (561) 832-1454 John C. Randolph Florida Bar No. 129000 2 • MEMORANDUM TO: Councilmembers Village Attorney Village Clerk James K. Collins, P.E. William D. Reese, P.E. Timothy J. Messier, P.E. FROM: Village. Manager SUBJECT: APPROVAL FINAL PLAT - BAYVIEW TERRACE DATE: February 20, 1985 Enclosed is a copy of. the referenced final plat for approval which has been received from the developer's engineer. The sketch plan for this subdivision.was approved by the Village Council on December 13, 1983. The plan provided for nineteen (19) lots and two (2) cul-de-sacs, as does the proposed final plat. The proposed plat has been reviewed by Gee $ Jenson and we have received their written approval of same for compliance with the Village's subdivision regulations. Also enclosed is a copy of the declaration of covenants and deed restrictions for the subdivision. This proposed subdivision is the one discussed in the January 22, 1985 request from Frederick C. and Cheryl A. Onorato, .23 Shady Lane, citing their concerns about connecting Shady Lane Drive to Bayview Drive, thus, making a through street from Tequesta Drive to Point Drive. This inter-connecting of the two streets was discussed from the beginning of dis- cussions for the Shady Lane Subdivision and the same group has owned both of the properties since before the approval of Shady Lane subdivision. We recommend that approval be given to the final plat subject to the following provisos: 1. Receipt of check in the amount of $30,767 for park purposes, pursuant to the requirements of the subdivision regulations. This amount has been computed on the same basis as was Shady Lane, $1,230.77 per lot, since the Bayview Terrace lots and Shady Lane lots are quite similar in size. We have also included an increase of 31.57 percent as reflected Memorandum RE: Approval Final Plat - Bayview Terrace February 20, 1985 Page 2 - in the CPI from March 1980. through December 1984. 2. Receipt of cash, surety bond, irrevocable letter of credit or certified check in the amount of 110% of the construction costs for the subdivision, with the Village Attorney's approval of the surety bond or irre- vocable letter of credit. 3. Payment of all invoices for Village engineering services rendered as of the time of Village execution of the plat. Upon receipt of the above items, the Village Officials can then sign the plat and the subdivider can have it recorded. This matter will be an agenda item for the February 26, 1985 Council Meeting. ROBERT HARP RH:mk Encls. ViLLAGF OF Village Council Meeting • February 26, 1985 !�, Page 5 - • U.. . h.:.:!::':" r 1oMMuNIr`i_ vLopMEN 3a. The next item on the agenda was the approval/denial of the Final Plat for Bayview Terrace. The sketch plan for Bayview Terrace sub- division, was approved by the Village Council on December 13, 1983. The plan provided for nineteen (19) lots and two (2) cul-de-sacs, as did the final plat. The Village Manager reminded Council that the people who live in Shady Lane has requested Council to reconsider the use of the existing cul-de-sac for a street through both subdivisions. Residents of Shady Lane had pointed out to Council that there are children in the area that use the cul-de-sac to play and the elimination of the cul-de-sac could cause a child to be hurt. Council agreed that the street was no place for a child to be allowed to play. Mrs. Cheryl Onorato, 23 Shady Lane, told Council that when they purchased their home in Shady Lane, they did not know that the cul-de-sac would be changed to a through road. and if this happen, could the Village put up a sign saying "Children Playing". Council and the Village Manager told Mrs. Onorato that the Village could not put up a sign like that because - of their belief that a road is no place for children to play and it would give them false security. Mapes moved, "for approval of the final plat subject to the provisions in the Village Manager's memorandum of February 20, 198S". Brown seconded and vote on the motion was: Brown - for Mapes - for Murphy - for Stoddard - for and therefore the motion was passed and adopted. 3b. The next item was the Computer System purchase. Murphy moved, "the Computer Program be accepted with a cap of $52,000". Brown seconded and vote on the motion was: Brown - for - Mapes - for Murphy - for Stoddard - for and therefore the motion was passed and adopted. OFFICE or THE VILLAGE MANAGER VILLAGE ❑F TEQUESTA 357 TEIUE5TA DRIVE TEQUESTA. FLORIDA TELEPHONE MAILING ADDRESS AREA CODE 3a3 P.O. BOX 3273 746-7457 TE4UESTA. FLORIDA xaje xex 33469-027 September 11, 1986 James H. Ryan, Esquire Gary, Dytrych & Ryan 701 U.S. Highway One, Suite 402 North Palm Beach, Florida 33408 RE: Dabco , Inc. /Lots 11 & 12 Bayview Terrace Dear Mr. Ryan: • In response to your letter of August 13 , 1986 pertaining to the above subject addressed to. Mayor Carlton Stoddard, please be advised that Mayor Stoddard and I have discussed this matter and he informs me that it is his recollection that he specifi- cally required your client when receiving Village Council appro- vals for this project/subdivision to be responsible for the maintenance of the area in question. Therefore , the area referred to as a "no man' s land" is not really such in that it is owned by the Village of Tequesta and to be maintained by your client . I trust that this will provide you with the clarification you sought in regard to this matter. Very truly yours , Thomas G. Bradf rd Village Manager TGB/mk cc: Carlton D. Stoddard Mayor Scott D. Ladd, Building Official OFFICE OF THE VILLAGE MANAGER • VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEDUESTA, FLORIDA TELEPHONE MAILING ADDRESS ARCA OOOC 7as 746-7457 P.O. SOX 3273 TEgUESTA. FLORIDA AM October 2., 1986 33469-02; Mr. Angelo Barile . President Barile Excavating and Pipeline Company, Inc. 1320 South Killian Drive Lake Park, Florida 33403 RE: Bayview Terrace Dear Mr. Barile: Due north of your aforementioned subdivision project lies seventy-five feet of right-of-way adjacent to Tequesta Drive. It has come to our attention that this area is in dire need of landscape maintenance work. At the Village Council meeting of February 26, 1985, Mr. Timothy J. Messler, agent for the owners seeking final plat approval from the Village Council , stated, when asked by the Village Council, that the owners of this development would " . . landscape and maintain. . . " this right-of-way area. Additionally, the minutes reflect that landscaping and maintenance of this area was a requirement of the Village Council when conceptual plat approval of this project was first requested and received. Therefore, it is incumbent upon your firm to uphold their agreements and promises to the Village of Tequesta relative to your subdivision application. I am certain'that if you review the area in question, you will agree that immediate attention is called for. Please review this matter at your earliest convenience so as to address the matter in a satisfactory manner. Very truly yours , %-fey.2.0-r. Thomas G. Bradford TGB/mk Village Manager cc: Village Council Scott D. Ladd , Building Official Gary Preston, Director of Public Works F Recreation James H. Ryan, Esq. , Gary, Dytrych & Ryan OFFICE OF THE VILLAGE MANAGER if' VILLAGE OF TEQUESTA ,. ' 357 TEQUESTA DRIVE TEQUESTA, FLORIDA TELEPHONE AREA cooe sas MAILING ADDRESS 746-7457 • P.O. BOX 3273 TEQUESTA. FLORIDA 33469-027 • September 11 , 1986 • James H. Ryan, Esquire Gary, Dytrych $ Ryan 701 U. S. Highway One, Suite 402 North Palm Beach, Florida 33408 • RE: Dabco, Inc. /Lots ll $ 12 Bayview Terrace • Dear Mr. Ryan: In response to your letter of August 13 , 1986 pertaining to the above subject addressed to Mayor Carlton Stoddard, please • be advised that Mayor Stoddard and I have discussed this matter and he informs me that it is his recollection that he specifi- cally required your client when receiving Village Council appro- vals for this project/subdivisiou to be responsible for the maintenance of the area in question. Therefore, the area referred to as a "no man's land" is not really such in that it is owned by the Village of Tequesta and to be maintained by your client . I trust that this will provide you with the clarification you sought in regard to this matter. Very truly yours , Thomas G . Bradf rd Village Manager TGB/mk cc: Carlton D. Stoddard Mayor Scott D. Ladd , Building Official IJMyVIL W 7 t -ttc' CJOVecee W. 0.GARY, R —y/�'�Z l/ �L���/CrC%�i cC� HNRICHARD G.DY DT t! JAMES H.RYAN PROFESSIONAL ASSOCIATION DONALD R.BICKNELL,JR. LAWRENCE W. SMITH RICHARD R.ELLINGTON 701 U. S. ONE, SUITE 402 GREGORY C.PICKEN NORTH PALM BEACH, FLORIDA 3340B ALMS NAGLER DANIELS TELEPHONE(305) 844-3700 August 13, 1986 The Honorable Carlton Stoddard Mayor Village, of Tequesta Village Hall 357 Tequesta Drive Tequesta, Florida 33458 Re: Dabco, Inc./Lots 11 & 12 • Bayview Terrace Dear Carlton: Please be advised that I represent Dabco, Inc. , who is the owner and developer of Lots 11 and 12 of Bayview Terrace, Tequesta , Florida. My client is currently constructing a single family residence located on one of the lots and is approximately half-way finished in the completion of said residence. For your information, said residence is the only residence that is currently under construction in Bayview Terrace that fronts on Tequesta Drive. The purpose of this letter is to ask your help in resolving a question as to who has the responsibility of ultimately landscaping and maintaining that area immediately North of the sidewalk area to the edge of Tequesta Drive. As it currently exists, the area is very unsightly in that it looks like "one big sandbox" from the lift station East to the entrance of the Bayview Terrace subdivision. My client has discussed this matter, as well as myself, with Scott Ladd of the Building Department. Mr. Ladd has been most helpful in answering some of my questions; however, he will even admit that he is unsure as to who has the responsibility of landscaping and maintaining that area. Obviously, if the area is designated as a right-of-way area, as per the zoning maps, said responsibility would be up to the Village. However, Mr. Ladd informs me that if you examine the plat and the accompanying drawings submitted by the developer 's engineers , the area in question appears to be seventy-five (75) feet of what Mr . Ladd calls "no man 's land". Accordingly, Mr. Ladd can not be definitive as to whose responsibility it is to improve said area. My client has developed and built a number of fine single family residences in Shady Lane and throughout Tequesta . The quality of his workmanship and product is superior. In order for my client to continue on with the development of this area, I believe that it would be in the Village ' s best interest to resolve this gray area .as soon as practical . The Honorable Carlton Stoddard -2- August 13, 1986 If necessary, I will be happy to meet with you and Mr. Ladd to discuss this matter further or address this situation at the next scheduled Village of Tequesta meeting. I hope everything is well with you. Respectfully yours, GARY, DYTRYCH & RYAN, P. A. ames H. Ryan JHR: j cc: Dabco, Inc. r • OW :,;: VILLAGE OF TEQUESTA 1 :• ' ;7' Post Office Box 3273 • 357 Tequesta Drive ' 11,1 t Tequesta, Florida 33469-0273 • (407) 575-6200 �' 1, FAX: (407) 575-6203 Co C. 1. MEMO RAND UM : TO: Board of Adjustment Members FROM: Thomas G. Bradford, Village Manager / !!5, .._ DATE: March 10, 19 89 SUBJECT: Application of Bayview‘ Terrace Homeowner's Association For Variance To Allow Construction of Permanent Entrance Sign As Village Manager, let me state that I support the efforts of the Bayview Terrace Homeowner's Association to beautify the entrance to their neighborhood as well as their frontage between Tequesta Drive and the property lines. In fact, the Village is working with the Homeowner's Association to help facilitate this process because we recognize the aesthetic benefits that will accrue to the Village. In order to be consistent, it is requested that the Bayview Terrace Homeowner's Association enter into an appropriate agreement as determined by the Village Attorney that will protect the Village from any liability that may arise by virtue of this signage and landscaping being placed within the public right-of-way. Additionally, such an agreement should provide that the sign owner agrees to relocate or dismantle the same whenever requested by the Village for public purposes. Such an agreement would be the same as that entered into between the Village and the Tequesta Country Club Community Association as well as with the First United Presbyterian Church relative to their signs. TGB/mk cc: John C. Randolph, Village Attorney Scott D. Ladd, Building Official Gary Preston, Director of Public Works & Recreation This instrument prepared by and to be returned to: Charles R. L. White, Esq. 535 E. Indiantown Road Jupiter, Florida 33477 GENERAL RELEASE AND HOLD HARMLESS AGREEMENT • WHEREAS, the Zoning Board of Adjustment of the Village of Tequesta, at the regularly scheduled meeting on March 20, 1989 conditionally approved a sign location Variance authorizing construction of two 3' X 5' permanent development with the Village of Tequesta public road right-of-way; WHEREAS, the condition of said approval imposed by the Zoning Board of Adjustment requires the property owner to enter into a hold harmless agreement with the Village indemnifying the Village in the event of damages arising out of the location of the signs and actions against the Village as a result of the variance. NOW, THEREFORE, it is agreed as follows: 1. This General Release and Hold Harmless Agreement is given to the Village of Tequesta (hereinafter referred to as the "Village") by BAYVIEW TERRACE HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as the "Owner". its representatives, successors and assigns) in consideration for the Village granting the above-referenced variance to Owner. This variance refers to the property located at BAYVIEW TERRACE SUBDIVISION, Tequesta, Florida. 2. The Owner hereby remises, releases, acquits, satisfies and forever discharges the Village of and from, all and any manner of action or actions, cause and causes of action, reckoning, controversies, damages, judgments, executions, claims and demands whatsoever in law or in equity, which the Owner ever had, now had, or any successor or assign of the Owner, hereafter, can, shall, or may have against the Village, for, upon, or by reason of any cause arising out of or in the event of damages as a result of or arising out of the location of the signs and actions against the Village as a result of the variance. 3. The Owner hereby egress to waive, defend and hold harmless the Village of Tequesta from any claims or demands, actions, judgments, or damages resulting from the variance. This agreement shall run with the land. IN WITNESS WHEREOF, the undersigned has caused these • presents to be executed as of the 16th day of August, 1989. Signed, sealed and delivered BAYVIEW TERRACE ,fin the presence o� HOMEOWERNS ASSOCIATION, INC. \c- Hy: 4o.. 1 6 `__ Step e/ T. Boa ,President STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH) I HEREBY CERTIFY on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Stephen T. Book , president of BAYVIEW TERRACE HOMEOWNERS ASSOCIATION, INC. , to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. Witness my hand and official seal in the County and State last aforesaid this 16th day of August 1989. otary Publ• , State of Florida '. Malay PuSPv_.State of Fiords — My Conmiu ion Expires Marsh 29,.11991 k..w..•I...ft.f.rn..r....r Mc. ..... -z- rt • • • AGREEMENT BETWEEN THE BAYVIEW TERRACE HOMEOWNERS ASSOCIATION • AND THE VILLAGE OF TEQUESTA As a condition of approval , by the Zoning Board of Adjustment, for:tbe • proposed placement of two 3'x5' permanent entrance signs for Bayview Terrace Homeowner's .Association, located within the public road right-of- way, the Association agrees to the following: 1. Enclosed is a copy of the Association's comprehensive insurance policy . and a rider making the Village of Tequesta coinsuree with the Association against liability for damage to person or property. 2. Enclosed is the hold harmless agreement. 3. The Association agrees to bear all maintenance cost of the signs and landscaping at the entrance of Bayview Terrace. • 4. The Association agrees to provide for the removal of the signs, at Our expense, at any time such removal may be required because of improvements to be made by the Village of Tequesta or any utility franchise using this right-of-way. Signed, sealed and delivered BAYVIEW TERRACE is the presence of: HOMEOWNERS ASSOCIATION, INC. 61,faeS,/ By: se _ Steppe T. Book, President STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH) I HEREBY CERTIFY on this day, before me. an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared Stephen T. Book, President of BAYVIEW TERRACE HOMEOWNERS ASSOCIATION, INC. , to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. Witness my hand and official seal in the County and State last aforesaid this 28th day of August 1989. WART PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV.30,1 Q't N tary ub ic, ate of Florida BONOEO TNRU GENERAL INS. UMO.