HomeMy WebLinkAboutDocumentation_Regular_Tab 9E_8/13/1992 VILLAGE OF TEQUESTA
;r ' :'riffs BUILDING DEPARTMENT
ti11 � Post Office Box 3273 • 357 Tequesta Drive•
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f-if court y Tequesta, Florida 33469-0273 • (407) 575-6220 t
FAX: (407) 575-6203 �t�� jld'J�
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MEMORANDUM: U
TO: Thomas G. Bradford, Village Manager
FROM: Scott D. Ladd, Building Official A//
DATE: August 3, 1992
SUBJECT: Petition for Annexation of the Northern Extension of Coral
Cove Park.
Tom, attached are nine ( 9) sets of packets for the above referenced
subject. Each packet contains the following items:
1. Letter of annexation request from Percy W. Mallison, Jr. ,
Director, Division of State Lands, Florida Dept. of Natural
Resources.
2. Petition for annexation from same.
3. Quit—Claim Deed from Bank of Palm Beach & Trust Company to Board
of Trustees of the Internal Improvement Trust Fund 'of the State
of Florida._
4. Copy of proposed Village ordinance annexing the above referenced
parcel of land.
5. Exhibit "A", legal description of the above referenced parcel of
land.
6. Location map of the above referenced parcel of land.
7. Cover letter regarding the proposed annexation from Richard F.
Morley, Principal Planner, Palm Beach County, Dept. of Planning,
Zoning & Building.
8. Inter office memorandum from Kathleen M. Scarlett, Assistant
County Attorney, to Richard F. Morley, Principal Planner. -
9. Inter office ,memorandum from Tim Granowitz, Principal Planner,
Park Planning & Design, to Richard F. Morley, Principal Planner,
Planning Intergovernmental Section.
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Recycled Paper
Page 2
10. Sample agreement between Palm Beach County and the Village of
Tequesta regarding certain annexation conditions ( three pages) .
11. Sublease agreement, Coral Cove addition, between the Dept. of
Natural Resources of the State of Florida on behalf of the
Division of Recreation & Parks, as sublessor, and Palm Beach
County, Florida, as sublessee ( nine pages) .
12. Lease agreement between the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, as lessor, and
the Dept. of Natural Resources of the State of Florida, as lessee
( four pages) .
Please place this item on the agenda for the August 13, 1992 Council
meeting for consideration and first reading. Thank you.
SDL: j mm
attch.
Lawton Chiles
Q��P EPA Governor
Governor
s �' FLORIDA DEPARTMENT OF NATURAL RESOURCES Sec Jim Smith
o�State
iZ.) Bob Butterworth
by Marjory Stoneman Douglas Building Attorney General
-RAL RE`' 3900 Commonwealth Boulevard Gerald Lewis
Virginia B.Wetherell Tallahassee, Florida 32399 State Comptroller
Executive Director Tom Gallagher
State Treasurer
Bob Crawford
Commissioner of Agriculture
Betty Castor
Commissioner of Education
July 14, 1992 RECEIVED
Village Council JUL 0 1992
' Village of Tequesta +f°l l •
Post Office Box 3273 i it-,-,
Tequesta,Tequesta, "Florida 33469 81-0 � A
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To Whom It May Concern:
The Division of State Lands, as agent for the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, hereby
requests that the property described in the attached Petition for
Annexation be annexed to and included within the territorial limits
of the Village of Tequesta, and that the $500. 00 application fee be
waived. .
Should you have any questions regarding this request, please call
Ms. Tracy Peters, Planner, Bureau of Land Management Services, at
(904) 488-2291 or Suncom 278-2291.
Sinc rely,
' /AR '
ercy W. V
isoni Jr. , Director
Division of State Lands
PWM/tp
Attachment
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Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Pasts Resource Management State Lands
PETITION FOR ANNEXATION
TO: Village Council
Village of Tequesta
F. O. Box 3273
Tequesta, FL 33469
Gentlemen:
THE UNDERSIGNED. being the owners of the following
premises located at Coral Cove Park containing
3.58 acres, situate, lying and being in Palm Beach County.
Florida, and described ' as follows ( Enter full legal description.
Attach additional page if necessary. ) :
SEE ATTACHED PAGE
hereby respectfully request that said property, which is contiguous
to the territorial limits of the Village of Tequesta. Florida, be
annexed to and included within the territorial limits of the
Village of Tequesta, and that said property be
zoned ROP zoning classification and land use
classification of ROP (recreation - open space)
The undersigned further certify that they are the only
owners of said property.
Dated this ZO day of , 19
YOwner: fL1 W1V
Pro ert i ' aihrSdrl r
P
( Print Name) ( Sig ture)
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( Print Name) ( Sign u e)
Wi ess _ Witness
ACKNOWLEDGMENT
STATE OF FLORIDA
County of Leon
BEFORE ME, personally appeared P&(c /
and to me known to be the persons
described in and who executed the foregoing instrument, and who
acknowledged to me that they executed the instrument for the
purpose therein expressed. 60(ire
Not r Pu lic
State of Florida at Large
My Commission Expires:
,re.............•,, CATHY LYNN WATKINS
_rt
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.- MY COMMISSION#CC 187822 EXPIRES
%.••-,,,„1-437 March 22,1996
'4:8t.t, BONDED THRU TROY FAIN INSURANCE,INC.
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„ OUIT•CLAIM DUD RAMCO FORM $
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This Oust-Cinim Decd, I_.yr•c•uted this day 01 February , .1. I). to 86 , by
BANK OF PALM BEACH AND TRUST COMPANY, as Trustee under Land Trust Agreement
r— I; L.T. No. 300
_D first party, to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE •
m STATE OF FLORIDA
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7- H, whose postoffice address is Rm. 412, 3900 Commonwealth Blvd. , Tallahassee, Florida 32303
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I second party: • .
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!Khrmn used herein the term: —hr.' I:atts" and '•sr,and pans— shall na I,,dr su,.•td.0 ei,d pho al. heir.. Ire.d
CO it trpresentauses. and asste,n of unhsnluals. and the surressuts an,l a••,cm. et ,,, ,,,',au,nt.. o.hrtrsrr thr eonu•u
II sn adorns tie rrqun es.)
• ;I litnesseth, nut the said first party, for aml in consideration of the sum of j 10.00 ,
'' in hand pail by the said second party, the receipt whereof is hereby aclrnou'Iedge(l, does hereby remise, re-
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• i; lease and quit-claim unto the said second party forever, all 'he right, title, interest. claim and demand u'Itich
•M li the said first part' has in and to the following described lot, piece or parcel of hind. situate, lying and being
in the County of Palm Beach State of Florida , fa-u:i1: '
Il
{ LEGAL DESCRIPTION ON' THE ATTACHED SCHEDULE
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}IJ� I - wets tantery Tex_P6 €o'er ,
y 3 LhtettslDla leg id.
C1arh talo e,:t.'h CFlorida
To ¢iaue and to lipid the same together with all and singular the appurtenances fhereunto
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' belonging or in anywise appertaining. and all lho estate. right. title. interest. lien. equity and claim what-
':' soeuer of the said lirsl party. either'in lain or egoity, In the only proper use. benefit and behaat of the said
second party forever. .
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n witness hereof, T he said first party has signed and sealed these presents' the day and year
,—i first ❑bone written.
Signed. sealed and delivered in presence of: BANK OF PALM BEACH 'AND TRUST COMPANY, as
. Trustee under Land -Trust Agreement
—1 i 370-(4/t/X_ L.T. 300 :. cerz
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:_fl 4,.-:l,i. :' IC/.L% � Bar: ' 1 ... > ,, < -- •
-' J. W. Fogleman, Vice President and
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il STATE OF FLORIDA:, Trust Officer
, COUNTY OF • PALM BEACH • •
I HEREBY CERTIFY that on tin' .i.t•., .i,••f,'rr mt., an
uffirt•r duly authorized in the State ;aforesaid and in the County aforesaid to tal:'' acknns.i d..,..nit, .n7•'::.:lh' app,arrd
. J. W. FOGLEMAN, as Vice President and Trust Officer of Bank of Palm Beach and
!. . .
. .f, :rust Company , Trustee of Land Trust L.T. 300• •
w tar l:nown to in, the• ),rrsnn described in and s+he '':'c•t:u•d th• fur'•:,,in( itolrutne:;t an,he r nm l,•c!c,•ri
• 1, fore• nic that he rsrrutt•el the saran•. .
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WITNESS my hand and nffiri.:l ,cal in Mr (.matt. and St.it,• lagafur,'s,ti,; tins 1,1•. ,;a.' of
ct\ it February A. D. 1986 —.t •,' l
/ t' Notary Public t , State of ctr:d ' at
, Large
I• r My commission expires :
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ORDINANCE, NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEOUESTA,, PALM BEACH COUNTY, FLORIDA, ANNEXING A
CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF
THE VILLAGE OF TEQUESTA.
WHEREAS, pursuant to Subsection 29. of Section 4. 02 of
Article IV of the Charter of the Village of Tequesta and Chapter
171, Florida Statutes, 1975, as the same may be amended from
time to time, the Village Council may annex any lands adjoining
the territorial boundaries of said municipality upon the
petition of the owner or owners thereof; and
WHEREAS, the Division of State Lands, as agent for the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida, hereby requests that the property described in
the attached petition for annexation be annexed to and included
within the territorial limits of the Village of Tequesta,
Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1. That the parcel of land owned by the.
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida, and more particularly described within
attached Exhibit "A", legal description, is hereby annexed and
incorporated into the Village of Tequesta, Florida with the same !
force and effect as though same had originally been incorporated ;
into the territorial boundaries thereof. Said property shall be
annexed with a zoning classification of R/OP, Recreation/Open !
Space, and with a land use pursuant to the Village Comprehensive
Plan of "Recreation and Open Space".
Section 2. The parcel of land herein described shall
be subject to all of the ordinances, regulations and codes of
the Village of Tequesta.
Section 3. That this ordinance shall take effect
upon its approval and passage as provided by law.
THE FOREGOING ORDINANCE was offered by
Councilmember ____—_, who moved its
adoption. The ordinance was seconded by
Councilmember _ -- and upon being put to
a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
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The Mayor thereupon declared the Ordinance duly passed
and adopted this — --- day of - -- -- - - -- — —' A. D. ,
1992.
MAYOR OF TEQUESTA
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Earl L. Collings
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Attest:
Joann Manganiello
Village Clerk
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LEGAL DESCRIPTION
All of Lot 184 , Plat of Gomez Grant and Jupiter Island as
recorded in Plat Book 1 Page 80 , Public Records of Palm Beach
County , Florida , together with the following parcel of submerged
land in Jupiter Sound .
Beginning at the Southwest corner of said Lot 184 , run thence
along the westerly extension of the south line of said Lot " 184 ,
S 89 ° 36 ' 02" W 125 . 25 feet more or less to the easterly right of
way line of the intracoastal waterway ; thence along said right of .
way line N 16° 17 '. 55" W 329 . 80 feet to intersect the westerly
extension of the north line of the aforesaid lot 184 ; thence
along said extended north line N 89 ° 38 ' 32" E 120 . 87 feet more
or less to the northwest corner of said Lot 184 , thence meander
along the "Safe Upland Line" of said Lot 184 South 17 ° 06 ' 48"
east 114 . 87 feet , thence south 30° 31 ' 44 " east 47 . 68 feet ;
thence South 22° 28 ' 06 " east 51 . 20 fet ; thence south 08 ° 17 ' 06 "
east 55 .93 feet ; thence south 09 ° 27 ' 26" east 54 . 47 feet ; thence
south 14 ° 15 ' 15" east 9 . 48feet to the southwest corner of said
Lot 184 and the point of beginning .
Excepting therefrom the right of way of State Road 707 , as
recorded in Road Plat Book 2 , Page '72 , Public Records of Palm
Beach County , Florida Plat Book , and subject to a drainage ease-
ment over the north 10 . 0 feet thereof , lying west of the westerly
right of way line of said State Road 707 .
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RECORD VERIFIED
r� F ALM BEACH COUNTY, FL&. 1
JOHN G DUNKLE
CLERK CIRCUIT COURT
. - load lying between-nit, ii j,i wo,,,, ,...
TIIF'Uood /24034 (loss the South 108.1 foot)
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Subject to a drainage easement,wer the South 10.0 foottand
�•'• . thc+ nortp 1U.0 foot thereof lying west of the westerly rlght;,oP .
• ['''..,!"•way, Ilne of said State Road 707. ,
PARCEL U
5J k3 L� '"- o.ii�i,`4258, Pegos 83,90,97 & 103, Palm Beach.County, Florida.
' All of Lot 184, Plat of Gomez Grant and Jupltor Island, asAtv\ '
recorded In Plat Book 1, Page 80, Public Records of Palm Beach
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?�� �`^ i°i; ouniy,'•Florida. Together with the following parcel of submerged
r' land In Jupltor Sound. • t.
I:76,X«1 Beginning-at the southwest corner of sold Lot 184, run thence
-along the westerly extonslon of the south line of said Lot•84,, S
89°36'02"W 125.10 foot more or less'to tho easterly right,of way i.
'�'?'•,',` lino of`tho Intracoastal Weterwayi thence•along said'rlght of way'Y�i',.Iino N„16.17'S5"..W:329.80 foot to intvrsoct the wostorl,y,oxtens}on
1 ;�}. thence,41. g'8. ►!`;{-''•,
J3�r;l�ofc:#he•fiorth'Iina':oP'tho 'aforasatd Lbt�%1B4)y son al �
',1„t,e nded North'Line..N '89'38132" East:120.I2'�toot lmsre or'IosS.to,ac....,,r
':Ctho`northwest corner of said'lot 184;'�thanGe southerly along ths•'°::-:_
'' •• ' west line of said Lot 184, 330.0 feet more or .lass to the point;of
'; ' beginning. .i;, •
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t;?�1,.• ,a,. Excepting therefrom the right of=way of State Road,70 ,•ns=,•.�;. ,
;''recorded in Road Piet Book 2, Page 72, Public.Record9A;t!•Qa(@, ;•'F r,
Beach County, Florida Plat Book. And+,subject•to a bratnageux.R y, ` 0
j.easement:over,the north 10.0 feat thereof lying west of�F'hp 4, T
•�';VwgsterlY_'right:of'Way line of,said State Road 707 .4 nt i,l:ar. ;F
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FILE COPY Coun Administrator
Board of County Commissioners
Karen T.Marcus,Chair Robert Weisman
Carole Phillips,Vice Chair
Carol A.Roberts
Carol J. Elmquist Department of Planning,Zoning&Building
4
Mary McCarty
Ken Foster B '
Maude Ford Lee
chi
.1,144
oty
April 21, 1992 w U O�Q�
Scott D. Ladd, Building Official
Village of Tequesta
P.O. Box 3273
357 Tequesta Drive
Tequesta, Florida
RE: Additional information for the proposed annexation of the
Northern extension of Coral Cove Park
Dear Mr. Ladd:
This is a follow-up to my letter to you dated April 7, 1992
regarding guidelines for the annexation of the northern section of
Coral Cove Park. To assist you in your efforts, I have enclosed a
legal description of the subject annexation (parcel D) and a copy
of mutual conditions which the County agreed to under a prior
annexation agreement with the Village.
Also enclosed is a copy of the County Attorney's opinion on the
lease agreement with the State. It appears that there are no legal
complications with the annexation.
I trust that this information will be helpful to you . If you have
any questions, please contact me at your convenience.
Sincerely,
Ri hard F. Morley
Principal Planner
pc Kathleen M. Scarlette, Assistant County Attorney •
Dennis Foltz, Planning Director
Dennis Eshleman, Director, Parks and Recreation
Steve Morales, Planner
FILE:H:\RFM\WPDATA\ANPRK •
"An Equal Opportunity-Affirmative Action Employer"
printed on recycled paper 800 13th Street West Palm Beach,Florida 33406 (407)233-5300
Board of.County Commissioners County Attorney
Karen T. Marcus,Chair
Carole Phillips,Vice Chair RECEIVED
Carol A.Roberts
Carol J.Elmquist
Mary McCarty APR 17, 1992
Ken L.Foster
Maude Ford Lee
PLANNING DIVISION
oo
MEMORANDUM
TO: Richard Morley, Principal Planner
Planning Intergovernmental Section, PZ&B
FROM: Kathleen M. Scarlett, Assistant County Attorney
County Attorney's Office
RE: Annexation of the North Addition of Coral Cove Park
DATE:. April 16, 1992
I met with Bob Banks this afternoon to discuss the above-referenced
matter. With regard to the proposed annexation, Bob and I foresee
no legal complications due to the fact that Palm Beach County
leases the subject property from the State of Florida.
If we can be of further assistance, please contact either of us
direc ly.
thlee M. Scarlett
Assist t County Attorney
cc: Tim Granowitz, Principal Planner, Parks and Recreation
Dennis Foltz, AICP, Planning Director, PZ&B
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"An Equal Opportunity-Affirmative Action Employer"
*printed on recycled paper Box 1989 West Palm Beach,Florida 33402-1989 (407)355-2225 Suncom(407)273-2225
INTEROFFICE MEMORANDUM
PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
C) 1vl
DATE: April 14, 1992
TO: Richard Morley, Principal Planner
Planning Intergovernmental Section
FROM: Tim Granowitz, Principal Planner
Park Planning and Design
RE: TEQUESTA ANNEXATION REQUEST
The following information is in reference to the request by
Tequesta to annex the north side of Coral Cove Park. Enclosed is
a legal description of the subject annexation - parcel 'D' . Also
enclosed is a copy of mutual conditions to which the County has
agreed under a prior annexation agreement with Tequesta.
If you need additional information or have any questions, please
contact me at 966-6651.
TG:hf
Enclosure
cc: Kathy Scarlett
j";`"
Tim Gra itz
C:\WP51\DATA\TIM\CC-ANNEX.TEQ
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AGREEMENT
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THIS AGREEMENT, dated this day of
• 1984 , by and between PALM BEACH COUNTY, a political -subdivision
of the State of Florida, ' West Palm Beach, Florida, hereinafter
referred to as the "COUNTY" and the VILLAGE OF TEQUESTA, a municipa
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corporation organized under the laws of the State of Florida,
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hereinafter referred to as the "VILLAGE" ,
WITNESSETH:
WHEREAS; the COUNTY has developed a parcel of beachfront
property within the unincorporated limits of the COUNTY and
contiguous to the VILLAGE, known as Coral Cove Park; and •
WHEREAS, it is the .intent of the COUNTY and the VILLAGE
\\Nu t to provide, to the greatest extent possible, for the safety
nES
and protection of thosepersons usingthe •
park, through the
joint exercise of police powers of each jurisdiction; and • I
,C+ i WHEREAS, the VILLAGE desires to annex said park to • I
•Lai the corporate limits of the VILLAGE in order to maintain the
JI jurisdiction neccesary to assist the COUNTY in providing the
services of the VILLAGE police department to the park;
NOW THEREFORE, THE COUNTY AND THE VILLAGE AGREE AS
FOLLOWS :
1 . The VILLAGE agrees , in the event of annexation
of the. park to the corporate limits of the VILLAGE to assist
• the COUNTY in enforcing security and police surveillance and
protection of the .park, subject however to the primary responsi-
I
• bilities of the. COUNTY as set forth in paragraph two hereof .
RP - 0. The COUNTY 'ag'r'ees in the event of annexation of
0 °'uuCt4 e park to the corporate limits of the VILLAGE, to maintain
primary jurisdiction for the maintenance 'and security of the
park , and toward that end shall provide as follows :
a . A Palm Beach County Caretaker shall
be at the park on a daily basis , 7 days
a week , for 3 to 4 hours per clay to pick
up litter and to keep restrooms clean . i
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II b. Garbage will be picked up on a daily
basis by Palm Beach County .
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c. Maintenance will be provided by Palm
it Beach County Maintenance Department .
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d . Lifeguard services will be provided by
Palm Beach County. ,
e. The COUNTY will cause the park to be
• opened and closed at the assigned tinier,
by means of adequate gates wiY—rocks
and will -provide the VILLAGE with keys so
that the VILLAGE police may gain access
when necessary.
�7�f. COUNTY, emergency vehicles will be available •
/ to supplement service of local emergency units . ,
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_' . .., › g. COUNTY shall provide primary police
protection consisting of at least one park
• patrol per hour for at least 16 'hours per
• day and during all hours in which the park is
open to the public. The Sheriff ' s patrol Zo,u . 4
$tee lcar will provide regular patrol on a
•t 4 daily basis . One permanent .patrol car shall
lv
ff It be assigned exclusively for the purposes of
Cs"- Park,
patrolling Jupiter . Carlin Park, Jupiter Island
Park, DuBois Park and Coral Cove Park. A park
enforcement car shall be assigned to the named
parks to assist the Zone patrol. car: A mounted
unit and ' a K-9 unit shall also be available for
ark surveillance and security.
h. COUNTY shall provide through the SHERIFF'._`
• OFFICE, for all crime investigations related to
• ast occurrences . • .
3 . All costs 'relating to the maintenance of the
park shall be the responsibility of the COUNTY.
, 34. . W L& dt1 vvt,c'� -v. i t(�,t la_ m ap -<1..4a" -,- �. .4.44 ., ,'c-sY,,,_,&rev
4 . COUNTY saves , defends and hereby holds harmless
the VILLAGE from any claims or liability occurring as a "result '
( of the assistance by the VILLAGE in ,the surveillance or maintenance.
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! of the park or directly relating to .actions by the COUNTY in
.. the surveillance or maintenance of. same.
5 . The VILLAGE recognizes the superior authority � .
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�� of the COUNTY to operate , maintain and police the park in the
Nmanner determined by the COUNTY to best serve the public interest
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1 : I / and shall, in the event of annexation, take no action inconsistent :
with the desires of the COUNTY to operate the park within its
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sole discretion, and consistent with the 'terms of this agreement .'
IN WITNESS WHEREOF, the undersigned parties have
set their hands by their duly authorized officers on. the date
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i first above-written .
PALM BEACH COUNTY, FLORIDA, BY
. ITS BOARD OF COUNTY COMMISSIONERS
ATTEST :
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John B. Dunkle, Clerk BY: Chairman
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. BY : Deputy Clerk
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VILLAGE OF TEQUESTA, FLORIDA
ATTEST:
BY: VILLAGE MANAGER
BY: VILLAGE CLERK
(SEAL)
PALM BEACH COUNTY SHERIFF' S OFFICE
ATTEST:
BY:
BY:
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:
COUNTY ATTORNEY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:
PALM BEACH COUNTY SHERIFF ' S OFFICE
„ SUULtHSb Huhtttntiv 1
, 0 CORAL COVE ADDITION
This Sublease Agreement is made between the Department of
Natural Resources of the State of Florida on behalf of the Division
of Recreation and Parks, as Sublessor , and Palm Beach• County ,
Florida , as Sublessee. The parties, for and in consideration of
mutual covenants and agreements covenant and agree as follows:
1 . The parties acknowledge that :
A. The Board of Trustees of the Internal Improvement Trust
' Fund ( hereinafter referred to as the "Board” ) holds title to certain
property identified as Coral Cove Addition for public outdoor recreation
purposes: and
B. The Department of Natural Resources of the State of
Florida is the Lessee of the property in order to provide for the
Division of Recreation and Parks to sublease the property to local
government for outdoor recreation and related purposes and to
represent the State in coordination with local management .
2 . Description of Premises: The property subject to this
Sublease, is situated in Palm Beach County and described in Exhibit •I
"A" , attached hereto and made a part hereof.
3. Term and Purpose: This Sublease shall be for a period
coterminous with the time remaining on Trustees Lease Agreement No .
3500,. dated June 18, 1987, and attached hereto as Exhibit "B" , for
environmental protection and compatible public outdoor recreation and
related purposes, unless otherwise terminated pursuant to the
provisions of this Sublease.
4. Conformity: This Sublease shall be subject to all the terms
and conditions of the Trustees- Lease Agreement No . 3500. The
Sublessee shall prevent any unauthorized use of the property or any
use not in conformance with Exhibit "B" and this Sublease.
5. Right of Use: The Sublessee shall have the right to enter upon
the property for all purposes necessary to the full enjoyment of the
rights herein granted .
6. Assignment : This Sublease and any rights and privileges
conferred herein shall not be assigned or transferred by the
Sublessee without the prior written approval of the Sublessor .
7 . Management Plan: The Sublessee shall be responsible for
preparation of a final management plan in compliance with the
1 .
prnv.isions of paragrat 10 of Exhibit "B" , and sh ' 1 implement all
management projects pursuant to the management plan as necessary to
carry out the purpose stated in paragraph 3 herein.
B . Development Time Frame: The Sublessee shall at its sole
cost and expense make available to the public , within five years from
the effective date of this Sublease , site improvements on the
property for public recreational .use and for protection of the
natural resources. This provision shall be in accordance with
the final management plan. All site improvements shall be
constructed in a good workmanlike manner in accordance with sound
construction practices . The Sublessee shall keep the premises and
the site improvements free and clear of all liens for labor and
material and shall hold the Sublessor and the 'Board harmless from any
liability with respect to Sublessee's work . In the event a lien for
labor or materials is filed , the Sublessee shall immediately either '
satisfy same or transfer such lien to a bond .
9 . Site Plan: The Sublessee shall submit a final site plan to
the Sublessor for review and approval prior to construction of any new
facilities. Site plan of existing and proposed facilities shall be
- i
included in the final management plan.
10•. Incurred Costs: All costs of construction, operation,
maintenance, use and restoration of the property, shall be the
responsibility of the Sublessee. The Sublessee shall be responsible
for any and all assessments or taxes of every kind and description
which' are now or may be hereafter lawfully assessed and levied
against the property during the effective period of the Sublease.
11 . Ownership of Improvements: All improvements provided by
the Sublessee shall be and remain the property of the Sublessee
during the effective, period of this, Sublease.
12. Security and Maintenance : The Sublessee shall provide
security and protection and keep the property clean, maintained and
in a good state of repair at all times.
13 . ' User Fees : All user fees which, the Sublessee may wish to
impose shall be uniformly imposed among users regardless of the
political jurisdiction in which the user may reside .
2 .
•
14. Right of Ins action: The Sublessor anc is duly authorized
agents shall have the right at any reasonable time to inspect the
property and the works and operations thereon of the Sublessee in any
. matter pertaining to this Sublease . Any covenant ( s) of this Sublease
or Trustees Lease Agreement No . 3500, Sublessor shall notify
Sublessee in writing that it requires Sublessee's correction of that
violation to sublessor 's satisfaction. Sublessee must cure the
violation within 90 days following the date of notice. Upon
Sublessee 's failure to cure the violation within the time prescribed ,
Sublessor may terminate this Sublease upon 30 days prior written
notice to Sublessee.
• 15. Right of Audit : The Sublessee shall make available to the
Sublessor- all financial records relating to this Sublease, and the
Sublessor shall have the right to audit such records at any
reasonable time. This right shall be continuous until such audit is
completed and exercised without unreasonably interfering with the
operation of Sublessee's facilities. This Sublease may be terminated
by the Sublessor upon written notice and in accordance with the time
frames and procedures for curing violations of this Sublease set
forth in paragraph 14 should the Sublessee fail to allow public
access• to all documents, papers, letters or other materials made or
received in conjunction with this Sublease , pursuant to the
provisions of Chapter 119, Florida Statutes .
16. Sign:_ The Sublessee shall , within 90 days, erect a temporary
information sign on the site. ' The sign shall identify the park name
and state that funds for acquisition were provided by the
Save Our Coasts Program administered through the State of Florida ,
Department of Natural Resources, and a photograph of its placement shall
be sent to the Sublessor . . The temporary sign shall remain' in place until
construction completion at which time a permanent sign, bearing the same
information, shall be placed at the site.
17. Easements: The Sublessee herein is hereby authorized
to grant utility easements , subject to approval by Sublessor , which will
be necessary to service authorized facilities located within the
leased premises . Copies of any such easements granted should be filed
timely with the Sublessor .
3.
.. 18. Liability: le Sublessee shall investi _ .Lte all claims
of every nature at its expense and indemnify , protect , defend , hold and
save harmless the Sublessor , the Board and the State of Florida from any
and all claims, actions , lawsuits and demands of any kind or nature
arising out of the Sublessee's use and management of the property
to the extent of the limitations included within Section 768.28,
Florida Statutes. The Sublessee will provide , during the
term of this Sublease, fire and extended coverage insurance,
including the improvements located on the premises for their full
insurable value, or in the alternative, will provide evidence of
self=insurance sufficient to cover the loss of such improvements.
Any policies of insurance shall name Sublessor , Sublessee, and the
Board as the insured . The Sublessee will also provide public liability
coverage in the form of insurance policies or self-insurance for any
and all .claims against Sublessee, Sublessor , the Board and the State
- of Florida. The Sublessee shall submit annually , written evidence of
insurance to the Bureau of State Lands Management (hereinafter
referred to as the "Bureau" ) , 3900 Commonwealth Boulevard ,
Tallahassee, Florida 32399. Any insurance policies purchased by
Sublessee pursuant to this paragraph shall be purchased from a -
financially responsible insurer duly authorized to do business in the
State of Florida. Sublessee shall immediately notify the Sublessor ,
the Board and the insurance agent ( if applicable) of any erection or
removal of any building or other improvement on the premises and any
changes affecting the value of any improvements and shall request the
insurance agent ( if applicable) to make adequate changes in the
coverage to reflect the changes in value. Sublessee shall be
financially responsible for any loss due to failure to obtain or
maintain adequate insurance coverage. If an action is commenced =
against the Sublessor or the Board based on any claim arising out of
the use or ownership of the leased premises during the term of the
Sublease ( including without limitation an action seeking damages for
loss of life, personal injury or damage to property occurring in or
about the leased premises ) , Sublessee will pay the expense of `
Sublessor ' s and the Board 's defense , including costs and reasonable
attorney's fees for any defense in that action. If a judgment is
4 .
entered in such action against both Sublessor and, Board and
Sublessee, or if they agree that a settlement of the claim or lawsuit
should be made , Sublessee shall be responsible for payment of such
judgment or settlement . Nothing contained herein shall be deemed to
constitute a waiver of sovereign immunity on the part of Sublessor or
Board , or to affect , limit or reduce the protection afforded
Sublessor under provisions of Section 375 .251 , Florida Statutes, or
to protect Sublessee from liability for any deliberate, willful or
malicious act of Sublessee. Each party to this Sublease shall be
responsible for its own attorneys' fees.
19. Termination: Upon termination or expiration of this
Sublease , the Sublessee shall surrender the premises to the
Sublessor . In the event no further use of this parcel or any part
thereof- is needed , the Sublessee shall give notification to the
Sublessor and the Bureau of State Lands Management , 3900 Commonwealth
Boulevard , Tallahassee, Florida 32399 at least .six (6) months prior
to the release of any or all of the premises. Notification will
include a , legal description, the lease number , and an explanation of
the release. Upon termination of this Sublease, all improvements shall
automatically become the property of the Board , unless the Board , at
its option, should require immediate removal at the Sublessee's expense
of any and all such improvements upon written notice to the Sublessee.
Any improvements to remain on the property upon termination of this
Sublease shall be at the Board 's discretion. The Sublessee shall meet
the following conditions upon termination of this Sublease:
( a) The construction of any new facilities, improvements
• C
or alterations of the premises shall meet applicable county and
municipal building and safety codes.
(b ) The Sublessee shall properly dispose of utility fees,
including having all the utilities turned off.
(c ) The Sublessee shall not commit waste; reasonable wear
and tear i•s acceptable.
I
( d ) Prior to formal release , a representative of the Bureau of =
State Lands Management shall perform anon-site inspection and the keys
to any buildings on the premises shall be turned over to the Bureau . =
5.
(e) If . the r,•emises do not meet all co,..,itions agreed upon,
the Sublessee shall reimburse the Board for any expenses incurred in '
meeting the prescribed conditions.
20. Non-Discrimination: As a condition of obtaining this
Sublease, the Sublessee hereby agrees not to discriminate against any
individual because of the individual 's race, color , religion, sex ,
national origin, age, handicap , or marital status with respect to any
activity occurring within the area subject to this Sublease or upon
, lands adjacent to and used as an adjunct of the subleased area.
•
•
•
I-
6.
•
. IN WITNESS WHEREOF, The lawfully designated agents of the
Department of Natural Resources of the State of Florida has hereunto
subscribed his name and caused his official seal to be hereunto
affixed on the day of 1(3 , 1988, and the
lawfully designated agent of alm Beach County, Florida has hereunto
subscribed his name and caused his official seal to be hereunto
E.
affixed on the 2a 4_ day of ,
' 1947 .
C
``G
•
( SEAL )
r-
STATE OF FLORIDA SUBLESSOR: C
DEPARTMENT OF FLORIDA DEPARTMENT OF r-
NATURAL RESOURCES NATURAL REOURCES -
WITNESSED BY: ,(QL a.c r11111 0. 4(10 By: -_
ITom Gardner , Executive Director
Its Agent for this Purpose C
C
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E
• &..,etes-4,__,-1 e.,,P4 ..ee. .,,$)d--
DNR Attorney V
• Approved as to F
Form and Legality -
ali
t, The foregoing instrument was acknowledged before me this. , ff
al day of u,jt_Q �y
198 , by Tom Gard:Athrp, as E
C
Executive Director of Florida Department of Natural Resources: ,,
-;N B. DUNKLE, CLERK e . =
°1tr
:1 of Count/ Commissioners NOTARY PUBLIC2,,dileaz_aid2_,:_____t----- My Commission Expires:
DEPUTY CLERK
( SEAL ) SUBLESSEE: • -
PALM BEACH COUNTY PALM BEACH COUNTY E
PALM BEACH, FLORIDA PALM BEACH, FLORIDA
ff
WITNESSED BY:
By; =
I Agen fort this Purpose
ff
P
E
' CO TY ATTORNEY
The foregoing instrument was acknowledged before me this =
S+TN day of A°R!L , 198E , by LE
.eAko4_ 4. 4,e6t7"S • , as CN4t,e/-ti4A1 .. -
. , -
/2,e ,4( 6LtA, ,,,
Notary Public .
My Commi ssi op Expires Aa-c. a. /9&'
7 .
• . i •
' LEGAL DESCRIPTION •
PARCEL I : •
Lot 184 of Gomez Grant on Jupiter Island , according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court
in and for Faith Beach County , Florida , recorded in Plat Book 1 ,
Page 80 .
%. ',,r3 J T' — y
1-\e<Atat ; 'R . L P k
PARCEL II : .
A parcel of submerged land in Jupiter Sound in Section 30 ,
Township 40 South , Range 43 • East , Gomez Grant , Palm Beach County , F
Florida , more particularly described as follows : _
Begin at a point in the South line of Lot 184 of Gomez GGrant. on
Jupiter Island , as recorded in Plat Book '1 , page 80 , Public =
Records of Palm Beach County , Florida , said point being North 89 ° _
54 ' 48" West , 25' feet , more or less from the Westerly right. of =
way' line of State Road No . 707 ; thence .continue North .89 ° 54 ' 48" r
West , along the Westerly extension of the South line of said Lot =
k
1184 to a point in the Easterly right .of way line of the
Intracoastal Waterway ; said point being 148 . 32 feet from the
Westerly right of way line of State Road No . 707 ; thence North F
15 ° 52 ' 13 " West , along the said Easterly right of way line of
the Intracoastal Waterway , a distance of 329 .95 feet ; thence
' South 89 ° 54 ' 48" East , along the Westerly extension of the North
line of said Lot 184 , a distance of 104 feet , more or less to the =
line of 'main high water of Hobe Sound' ( Intracoastal Waterway ) ; • _
thence along the line of mean high water in a Southerly and '
Southeasterly direction to a point where the said line of' mean
high water crosses the Westerly right of way line of State Road '
No . 707 , thence south 15 ° 45 ' 03" East , along said Westerly right • r
of way l.ine , • a distance of .84 feet , more or less , to a point `_
where the line of mean high water again crosses the said Westerly, =
right of way line of State Road No . 707 ; thence along the line of _
mean high water in -a Southwesterly and Southerly direction to the
point of beginning . •
•
SUBJECT TO: ' €
.1 . Taxes for theall subsequent k year 1986 and q years .
2 . Reservations contained in instrument recorded in Official =
Record Book 3323 , page 1068 , of the Public Records of Palm =
Beach County , Florida .
3 .. All matters as shown on the Plat of Coastal Construction Line
in Plat Book 36 , page 91 , of the Public Records of Palm Beach
County , Florida . •
4 . All matters as shown on Bulkhead Line Flat , ' recorded in' Flat =
Book 28 , page 155 , of the Public Records of Palm Beach _
County , Florida .
5 . Resolution Setting Bulkhead Lines contained in instrument =
recorded in Official Record Book 1600 , page 418 , of the
Public Records ' of - Palm Bech County , Florida . _
6 . Drainage easement to th,e State of Florida contained in =
instrument recorded in Official Record Book 921 , page 1063 ,
of the Public Records of Palm Beach County , Florida . =
r
7 . Right of way of State Road 707 as sown on Road Plat Book 2 , k
page 71 of the Public Records of Palm Beach County , Florida . C
d r.
8 . Resolution fixing setbacks contained in instrument recorded LL
._ .__ • in Deed Book 1075 , page 479 AS_the Public. Records of Palm o •� w - F
Beach County , Florida . u. z Y =
w O n —
9 . The rights , if any , of the Public to use as a public beach or > _u O i
recreation area anylying between the body = 3
part of the land o — rn
of water abutting the subject property and the natural line u
of vegetation , bluff , extreme high water line or other 'L = `- r=
apparent boundary line separating the publicly tf5..ed are1 room J u
t'7 upland privz : e are? L.), c
• LEGAL DESCRIPTION
•
All of Lot 184 , Plat of Gomez Grant and _Jupiter island as
recorded in Plat Book 1 Page 80 , Public Records of ,Palm Beach
County , Florida , together with the following parcel of submerged
land in Jupiter Sound.
Beginning at the Southwest corner of said Lot 184 , run . thence
along the westerly extension of the south line of said Lot 184 , .
S 89 ° 36 ' 02" W 125 . 25 feet more or less to the easterly right of.
way line of the intracoastal waterway ; thence along said right of
way line N 16 ° 17 '. 55" W 3.29 . 80 feet to intersect the westerly '
extension of the north line of the aforesaid' lot 184 ; thence
• 'along said extended north line N 89 ° 38 ' 32" E 120 . 87 feet more
or less to the northwest corner" of said Lot 184 , thence meander
along the "Safe Upland Line" of said Lot 184 South . 17 ° 06 ' i18"
east 114 . 87 feet , thence south 30° 31 ' 44 " east 47 . 68 feet ;
thence South 22° 28 ' 06 " east 51 . 20 fet ; thence south 08 ° 17 '' 06"
east 55 . 93 feet ; thence south 09 ° 27 ' 26" east 54 . 47 feet ;'. thence
south 14 ° 15 ' 15" east .9 . 48 feet to the southwest corner of said
' Lot 184 and the point of beginning . .
Excepting therefrom the right of way of State Road 707 , as .
recorded in Road Plat Book 2 , Page 72 , Public Records of Palm .
. Beach County , Florida Plat Book , and subject to a drainage ease- /
ment over the north 10 . 0 feet thereof, lying west of the westerly
right of way line of said State Road 707 . . !
v
. ale/.
• Q/
• /VI
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/ _ ,
t
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. F
_ =
RECORD VERIFIED r
PALM SEACH COUNTY. FLA
JDHN C. DU KLE •
CLERK CIRCUIT COURT
, .• _ So o .
r , /yam
•
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•
BOARD OF TRUSTEES OF THE INTERNAL IMPRROVEMENT TRUST FUND
LEASE AGREEMENT
Lease No. 7,500
WHEREAS, the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida holds title to
certain lands and property for use by the State of Florida for
' public purposes, and I C
•. F
WHEREAS, the Board of Trustees 'of the Internal
•A improvement Trust Fund of the State of Florida may- enter into
leases for the use, benefit and possession of public lands for
r
the benefit of the State;
NOW, THEREFORE, this agreement made between the BOARD
OF. TRUSTEES OF THE .INTERNAL IMPROVEMENT TRUST FUND DF THE STATE
DF FLORIDA, as LESSOR, and the DEPARTMENT• OF NATURAL RESOURCES DF E
' k
THE STATE OF FLORIDA, as LESSEE, to provide for the Division of -
Recreation and Parks to sublease the lands to local oovernment
for outdoor recreation and related purposes and to represent the
State in matters requiring coordination of local management of
the 1 ands.
E
WITNESSTH:
The parties, for and in consideration of mutual
covenants and agreements hereinafter contained, hereby covenant
and aoree as follows:
. 1 . The lessor does hereby lease to -the lessee the •
following described lands in the County of Palm Beach. State of
'Florida, together with the improvements thereon (if applicable) .
viz :
(Exhibit A - attached)
TO HAVE AND TO HOLD the above described lands for a
period of fifty (50) years. for the purpose of subleasing to
local oovernment 'and representing the. state in coordination of
local management for g public outdoor recreation and related r=
purposes, or until .termination of the .subl ease . agreement with
local government , whichever occurs first:,
Ex ! :! 1r
•
•
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- pue uayM Jossat ay; aT sastwaJd ayT do JapuaJans tttys aassar ay;
pue 'Ma /aq ydeJ6eJed u t paptnoJd se Tdaoxa ' Jassa t ay; }o uo c;do
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00;2 'oN a.seal
•
Lease No. 3500 •
9. This agreement is for the purposes specified
herein, and subleases of any nature excepting utility easements
•
incident to authorized facilities (Provision B) , are prohibited,
unless previously authorized by the lessor . It is provided,
however , that the lessee is authorized to sublease the lands to
an appropriate body of local government or public agency for
development and management for public outdoor recreation and .. •
. related purposes.
10. The lessor herein shall require the sublessee
directly responsible for the lands to prepare . a management plan
. in accordance with Section 253. 034, Florida Statutes, within •
twelve (12) months of the execution date of a sublease agreement •
and it shall' be submitted, through the lessor , to the Board and
Land Management Advisory Committee, when applicable, for
approval . The approved Management Plan shall provide the basic
guidance for all management activities and shall be reviewed
jointly by 'the -lessee and 'the .Board at least every five years.
The lessee or . its sublessee shall not use or alter the property
E.xcept as provided for in the approved Management Plan.
11 . Upon the sublessee' s cessation . of occupation of
said property, the lessee herein shall require the sublessee to
'agree to leave all fixed improvements for the use of the lessor
and to put no claim upon said fixed improvements; or, at the
option of the lessor , the lessee shall require the sublessee to
agree to remove any or all improvements on the property at the
sublessee' s expense.
12. Execution of this agreement in no way affects the
lesc.'ee' s obligations pursuant to Chapter 367, Florida Statutes.
•
• i �
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