HomeMy WebLinkAboutDocumentation_Regular_Tab 10F_9/19/1991 •
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VILLAGE OF TEQUESTA
;li, ji-; Post Office Box 3273 • 357 Tequesta Drive 1
-� ° Tequesta, Florida 33469-0273 • (407) 575-6200
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m,*,} 1 4.9 FAX (407) 575 6203
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MEMORANDUM:
TO: Village Council .
FROM: Thomas G. Bradford, Village Manager .9=7
DATE: September 12, 1991
SUBJECT: Lease Agreement with Tequesta Country Club Community
Association (TCCCA) for Lots A, B and C; Agenda Item
At the Village Council Meeting on June 20, the Village Council
requested that consideration of extending the existing Lease
Agreement with the TCCCA be postponed until further research on
the matter was undertaken. Subsequent to the June 20 meeting, I
have researched the matter in great detail individually, in
conjunction with certain members of the Board of Directors of
the TCCCA, and with the Village Attorney.
Based upon the foregoing, it is my recommendation that the
following take place:
o The Village and TCCCA agree to mutually dissolve the
existing Lease.
o The Village prepare a Quit Claim Deed whereby Lots A, B and
C will revert back to the ownership of TCCCA as common
property of the Association.
o TCCCA pay the Village the original nominal sale price in
1967 plus applicable increases in the Consumer Price Index.
By accepting these recommendations, the Village Council will
transfer ownership and responsibility of these lots back to the
rightful original owner and entity which, currently, is the only
organization authorized to utilize the properties pursuant to
the Lease Agreement. I recommend that you direct the Village
Manager to take the actions noted herein.
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Recycled Paper
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LEASE
THIS LEASE, made and entered into on this 24 day of
May , 1977, by and between the VILLAGE OF TEQUESTA, FLORIDA,
hereinafter called the "LESSOR" , and TEQUESTA COUNTRY CLUB COMMUNITY
ASSOCIATION, INC. , hereinafter called the "LESSEE",
WITNESSETH:
• That in consideration of the covenants herein contained on
the part of the Lessee to be kept and performed, the Lessor does hereby
Q to the Lessee the following described property:
01 RECEIVEDLots A, B, and C of TEQUESTA, a Subdivision of Palm Beach
County, Florida, according to the Plat thereof on file in
the office of the Clerk of the Circuit Court in and for
J U N 131911 PT E Palm Beach County, Florida, recorded in Plat Book 25,
pages 7 to 15, inclusive.
VILLAGE OE TEQUESIA
TO HAVE AND TO HOLD the same for the term of Fifteen (15)
00
V r= from the first day of July, 1977.
In consideration of this Lease, the Lessee promises, covenants
and agrees as follows:
1 . That the property will be used in accordance with the terms
and conditions of that certain Declaration of Restrictions, dated
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December 27, 1956, and recorded in Official Record Book 2, at Page 638,
Public Records of Palm Beach County, Florida, and as amended from time
to time thereafter, relating to the Subdivision of Tequesta in Palm
Beach County, Florida.
2. That the maintenance and operation and use of said
property shall be completely and exclusively under the control of the
Lessee, and the Lessor shall have no obligation of any kind in this
regard.
3. That the Lessee will acquire and maintain, throughout
the term of this lease, comprehensive. insurance coverage for the
protection of the Lessor against liability for damage to person or
property with initial limits of $300,000/$100,000, it being understood
that at the end of each five (5) years of the term of this lease the
Lessor may require reasonable increases of the coverage based upon
experience and economics. The Village of Tequesta is to be an addi-
tional named insured on any. insurance policy obtained by the Lessee
. • for this purpose. •
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4. That the property will be used in conformity and
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compliance with the laws of the Village of Tequesta and of the State
of Florida.
IN WITNESS WHEREOF the parties hereto have caused, this -
instrument to be signed and sealed in its respective names byr
• authorized officers on the day it s duly °-:
and year first above written.
Signed, rSea]ed & Deliver. d '
Si ned PSese 7 VILLAGE OF 'Ac8",c}f:.-% /' .;� TEQUESTA ,
o and F. B own, Mayor
rf SEAL)
ATTES ,
C L F` (SEAL)
yres0 Colbert, lerk
A Lessor.
(CORPORATE SEAL)
4T-4 TEQUESTA COUNTRY CLUB COMMUNITY
ASSOCI ION, INC.
,,. _ --- (2 d '(SEAL)
,_,;/ / " James H. borrow, President
-�.,_4 ATTEST:
As to Lessees
()eon A. My
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ers, S retary(SEAL)
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me personally appeared HO+WARD F. BROWN and CYRESE
COLBERT, respectively the Mayor and Clerk of the Village of TeB uesta,
to me well known, and they acknowledged before me that they executed
the foregoing instrument as such officers of said corporation and
that they affixed thereto the official seal of said corporation; and
I FURTHER CERTIFY that I know the said persons making said acknowledg-
ment to be the individuals described in and who executed the said d
instrument. g
WITNESS my hand and official this, 1977. seal _ day of
�.�I' r `�PJotar P
li: Y Pub c
1-7-----T
State .of Florida at Large
• My Commission Expires:
• 0/ RECEIVED NotaryPubiic.StateofFlorida
at tarp
JUN 1 31977
1
�\ -VILLAGE OF TEQUJ;STA 4 `
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STATE OF FLORIDA
COUNTY OF PALM BEACH
• Before me personally appeared JAMES H. MOP,
ROW and MYERS, respectively, the President and Secretary of TEQUESTAJCOUNTRY
',. t. EAN A.
CLUB COMMUNITY ASSOCIATION, INC. , to me well known, and they ack
• ledged before me that they executed the foregoing instrument as such
officers of said corporation, and that they affixed thereto
official seal of said corporation; and I FURTHER CERTIFY thathI know
•' the said persons making said acknowledgment to be the individuals
described in and who executed the said instrument.
WITNESS my hand and official seal this
1977. day of
-...--t 2-it-e--e--/a •-c.._‘....,-,z.-.
(NOTARY SEAL) Notary Public
State of Florida at Large
,.
My Comission Expires:
M.N. Stara of Roil& of 1 .
!� Comm:ssoa Ezpwe: Avs. 13. 1
Ikeda! by American Fro & Ca,ucity Co'
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o/ REcEI YE 2
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• 6; JUN 13197j •
r.E.A.QUZSTA,,
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SCKOUL E •
of PROTECTIVE COVENANTS, RESTRICTIONS, RESERVATIONS, SERVITUDES,
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AND OTHER CHARGES AFFECTING THE REAL PROPERTY IN THE SUBDIVISION OF
TEO ,IESTA '
Jupiter,Florida
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ATICLE i — GENERAL PROVISIONS With the approval of the location and plan by Declarer a building may be erected
._ word"restrictions'.as hereinafter used, shall be held to include and mean upon more than one lot.
.ar•c:.:s agreements conditions, provisions, easements and charges herein All lawns odjocent to streets must be sodded to actual paved oreo of street.
• for:h. ' - ARTICLE—VI EASEMENTS-----_.
word "Declo:er", os hereinafter used shall be held to mean and include An easement and right-of-way is hereby expressly reserved in and over o s:r.p
cuestc, Inc., its successors and assigns. 5 feet in width along the side and/or rear line of all lots wherever the some .s
e' D clarer shall hove the right to construe end interpret these restrictions, designated "Utility Easement" on the Plat of Tequesta for the erection, con-
:. their construction or interpretation in good faith shall be final and binding struction and maintenance of poles and wires, and clearing of +lees and prue:•
to ati persons or property benefited or bound by such restrictions. ing of branches, or the construction and maintenance of conduits and of off pro-
. change of conditrons•or circumstances shall operate to extinguish or termi- per and necessary attachments for electric light, power and telephone service
;: any of said restrictions, but they shall only be extinguished or terminated and for the construction and maintenance of storm water drains, land drains,
:ne expiration of the time mentioned in Article XI hereof or by the action and public and private sewers, pipe lines for supplying gas and water and for the
Ere mcnne: provided in Article XIII of this declaration. construction and maintenance of ony other public or clued-public utility.
ARTICLE II — NUISANCES The Declarer shall hays the right to enter and to permit others to enter upon
are shall not be erected, constructed suffered, permitted committed, main- said reserved strips of land for any ot the purposes for which sold easements
,.d, used or operated on any of the rand included in the Subdivision of Te- and rights•of-way are reserved. '
.sea any nuisance of any kind or character. No purchaser of any lots in the Subdivision shall have the right to reserve or
: rubbish, gorba;,e, debris or material shell be deposited on any of the land grant ony easement or right-of-way in, upon or over any of the lots without the
:;used in sera Subdivision except building materials during the course of con- written consent of the Declarer.
•.ction on the site. ARTICLE VII — DEDICATION
::;:king of trucks or trailers shall be permitted on streets or lots except for The Plat of the Subdivision "Tequesto" referred to herein hos not yet been
..very or pickup. filed and may be'altered by• the Declarer before the some shall be filed, and ii
:-.mots, birds or fowl shall be kept on the Subdivision; provided, however, is expressly agreed that nothing herein contained, or indicated or expressed on
s, cots, and pet birds confined in cages, may be kept on any lot in the Plot of Tequesta shall constitute a dedication of any street, road, alley,
tole nurnoers as pets for the pleasure and use of the occupants of said right-of-way, park or other easement by whatever name the same may be desig:
• not,for ony commercial use or ouroose. noted until the Plot of Tequesta shall be filed, and then only to the extent or
sigr. or any character shall be erected, pasted, posted or displayed upon the dedication set forth thereon except os hereinafter provided and title to oh
• eoout any lot or on port of said lot without the written permission of lend so shown, designated or described, is expressly reserved to the Declarer
_ ....ezicrar,cr.d it shall have the right of uncontrolled discretion to prohibit or and neither this deed, nor any deed hereafter made by the Declarer conveying
st:lc: and control the sire,construction,material, wording and location and any of the land in said Subdivision, shall be held to convey the title to, or to
.;:.r a:all signs and may summarily remove and destroy oil unauthorized signs. dedicate the bed of, or, land covered by ony such street, rood, elle?, right-of-
e Declarer reserves the right to core for vacant and unimproved and unkept way,pork or other eosereent by whatever name the same may be designated, ex•
• ir, said property,, remove and destroy tall grass, undergrowth, weeds and' cept it shall be so stcted expressly in such deed.
:se :serer:o• a..: any unsightly and obnoxious thing therefrom, and do ony Nothwith stand ing_the filing of the Plot of Tequesta and the dedication oppea.
• tnir.gs cna per:orm any labor necessary or desirable in the judgment of ing thereon, the ecic:er, nevertheless reserves unto itself the following:
_ ...ec:c:er to peep tie property, and the land, contiguous and adjacent there- I. The reversionary :-serest in and to oil and singular the lands dedicated and
-meet ;r.c in ;pod order and charge some against the Owner of said lot or lots. each and every part c-a parcel thereof.
_ -cry d:ying crecs shell be properly and adequately screened from any street 2. The sole right to consent to the use of any street, rood, alley, right-of-way,
..c:arway view, pork or other eosemen: a whatever nome the some maybe designated for ub-
ARTICLE HI — USE OF LAND p Y g P
.ceps os•set forth in ARTICLE IV hereof,no building or buildings,of any kind lit street transporter purposes.
-:rs;eve: shall be erected or maintained thereon except private dwelling It is understood that :-;s Article or any portion thereof,ot the option of the De-
.. ,as designed and constructed for use bye single amity,and private garages darer, may not be i-::uded in the final Declaration and Schedule of Rest:ie.
a..-: nooses for the sole use of the respective owners of the lots upon tions as may be filec the time of filing the Plat of the Subdivision.
c' :me geraees and Seth houses are located; provided, however that no gar-
: c: ct rer a,toui;ding shall be placed, erected or permitted to be built upon ARTICLE V111 — SEPT!C TANKS
: cbcve described premises until-after, or at and during the time of, the con- On all premises wi- o shall be occupied in the Subdivision the owner shah.
_c::o:: of time snid dwelling house.' construct a septic t=x sewage system, the construction of which shall be is
".v2iis or water pumps of ony kind whatsoever shall be erected or maintained accordance with law :: the lows and regulations of the public authorities hov'
:-oc.: wr.tren consent by tha Declarer. jurisdiction of the s:-�-
: . :i..•rs,buildings or structures of any kind whatsoever shall be erected ARTIG= IX — RIGHT TO ABATE VIOLATIONS
::.cseo or p ern:.t:ad below or beyond the high water-line or the shores of Violation of ony res•- ::ions and conditions or breach of any covenant or oyrec
'_exonotc nee River,or of the canal as shown on the plot of Tequesta,unless meet herein contains.: snail give the Declarer, in addition to a:l other !medic:
Daciorer nos consented thereto by written instrument under seal; provided, the right to enter u;.:- 'he land upon, or as to which, such violation or breec.
..aver, ;hr.: under no circumstances will any such structures be permitted be- exists, and'summor -o abate and remove, at the expense of the owner :isms:e
-: ,••ran-•••:eve :pet tram sale. Ivan voter-fine. I,e Jeciorer hall nave the of, any erection, thin.: or condition, or that may be or exist thereon contrary I(•
:erm•ee teg Jocatron.size.Tengtyt co or and type of cot,stru tipn _ the intent and mec-.-. of the provisions hereof; and the Declarer shall no
socn coc.cs, piers, buildings or structures.Nothing herein contained shall be thereby be deemed ee-ey of ony manner of trespass for such entry, °batemen
-.s::ued os requiring the Declarer to give said consent. The granting or with- or removal.
.air; of said consent shall be within the sole discretion of the Declarer. AETICLE X RIGHT TO ENFORCE
icr reeving c water boundary shall be increased incase by the use of any sub- The provisions herein contained shall rya with and bind the land and shall in
:r;ed lands, or by filling and/or bulkheading. ore to the benefit of. and be enforceable by the Declarer or the owner of on;
��i (,SEC OF LOTS land included in soic .Subdivision and failure b the Declarer anylandowner,
--e Declarer he:eby"aesi'gn°es the toliowin real lots and parcels in said however tong contineed, to object to ony violation or to enforce anyrestric•
'ivision to be clossified and to be used for the following purposes, to-wit: Lion, condition or covenant herein contained, shall in no event be deemed r
.i Sin3;e Family Residences: Lots 1 to 175• inclusive, and Lots 180 to-606 waiver of the right to do so thereafter as to the some breach or as to one oc•
i,rsive, may a used for single family residence purposes in accordance with curing prior or subse;:rent thereto. An expense incurred in enfrcing the pro
:s Schedule cad :or no other urposes. visions herein contained shall be aid the defaulter.
Fey- -c 1 rxetiAtei+Ae ivPr I etx ��ea C�4hall be reserved for the ARTICLE XI — DURATI N OF RESTRICTIONS
.e or time owners or the foie in tin-eau rvtsion or entry into the waters of the All of the restrictions, conditions, covenants, chorges, easements and agree
:xahetchae River. •rnents contained herein hall be in perpetuity, except the provisions con
jYacht Club:Tract D maybe used for oyocht club'with marine focilities,weil, tainpd is ARTICLES Ii!, I�,.V, VI, VII and XI, which shall continue in fort"
neis courts, swimming pools, hotels and apartments not restricted as to until January 1, 1977, but which in whole or in port may be extended for r
::;ht. Said lot may also be used for recoil businesses and professional uses; period of 15 years from"•that date, provided that prior to January 1, 1977` op
ovided, however, that it cannot be used for manufacturing or industrial pur- propriate instruments in.writing consenting to such extension shell be execute,
:see, and acknowledged by the Declarer and the some advertised in the tote) news
' ?tree, t: may be used for a Country Club and Golf Course, only with the paper, or in the absence of the publication of o newspaper, then in a ne-vsoo;
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.c! buildings, facilities and services incident thereto, under the elusive in est Palm Beach, Florida.5 ld instrument extending,said period sits., be r,
: bl ni the Declarer. corded in the Public Records of Palm Beech County, Florida •
• feu;ti-Purpose Lots: Lots 176,177, 178 and. 179 may be used for single ART1CLE XII — RIGHT TO ASSIGN
.ccyforeparking, ceddvshouses and' ark and accordance trtecreat o Schedule
urposes.may also be sseryveddrorlcreated in f orgive to the Declarrersin tthis, trusts and estates re.
Declarat on may be cs
ARTICLE V —APPROVAL OF PLANS signed to any one or more persons, corporations or associations, cub.is a
• •:'.,; 6•-rr,is wall. walk. pier. doer, seawalLor other structure, private, that will agree to assume said rights, powers, duties andrab.Igo'io.t;
:sir.;, or planting, shell be commenced, erected or maintained nor shall any and carry out and perform the some. Any such assignment or transfer snail be
_shier. to, or change, or alteration therein be made, until the plans and specie mcae by on appropriate instrument in writing in which the assignee or trots•
:c:ions, s owing the nature, kind, shape height, materials, floor plans, color •faree shall loin for the purposes of evidencing its consent to the acceptance p
.-.One, tocat.cn ar such structure or work to be done, and the grading plan of such rights and powers; and such assignee or transferee shall thereupon hnv;
▪ oio: rc ya guilt upon shall have been submitted to and cp rovea in writing 'the same rights and powers and be subject to the same obliections cad eerie
:h: eztaro:, and a cop+ thereof os finally approved, lodged permanently or ore herein given to and assumed by the Declorer thereupon bai;ne reieeee.
- ;h time Dec:cr.:. The Declarer shall hove the right to refuse to approve any 'therefrom and from oil further liabilities. •
._a pions ono specifications or grading pion which are not suitable or de- ARTICLE XIIi — RIGHT TO MODIFY
:.-.Die, in its opinion, for aesthetic or any other reasons; and in so passing The Declarer hereby expressly reserves the right in its absolute discretion c
n »c;. plans, soeeijieotions and grading plop, shall hove the right to take any time to annul, waive, change o.r modify ony of the restrictions, co.:ditions
:o consideration the euitcbilityof the reposed building or other structure and covenants, agreements and provisions contained in the Articles, as to cny I:,
.e.e -treriats of which it is to be byi,t on the site upon which it is proposed or part of sold Subdivision then owned by the Declarer and with the consent o
::ecr Inc sane, the harmony thereof with the surroundings, and the effect of the majority in number of the then owners of all other lots in the Subd;vision.I•
,:.c:r:; cr c::ter structures as planned on the outlook from the adjacent or• computing the majority each lot shall bo entitled to one vote, irrespective c
:n'-ori:.; -,ronarty. the number of its owners.
Dec:;r:r sees.. in all coses hove the right to determine and de;jg♦noto the. All instruments executed for the purposes of annulling, waiving, changing, en
„ :c...3. :i nos•necessary to conform to the general plan of the subdivision and forging or modifying ony of the covenants, agreements, provisions, condition
:•: Dsc.aru s judgment and determinotion shall be final and binding. and restrictions of this instrument shall be recorded.
AUG•
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Eigrb
Jab, dated this A r day of July A. D. 19 67
between TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. , a
corporation not for profit, organized and existing under
the laws of Florida
hereinafter called the Grantor , which term shall include when used herein, wherever the
context so requires or admits, its successors and assigns,
and VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation,
organized and existing under the laws of Florida, whose
mailing address is P. 0. Box 638, Jupiter, Florida, 33458
hereinafter called the Grantee , which term shall include when used herein, wherever the
acontext so requires or admits, its successors and assigns
WITNESSETH: That for the sum. of Ten Dollars ($$10.00) and other good and
valuable considerations, said Grantor do es hereby grant, bargain, sell, alien, remise,
release, convey and confirm unto the said Grantee all that certain piece of property
and tract of land situate in the County of Palm Beach and State of Florida,
described as follows:
Lots A, B, and C, of TEQUESTA, a Subdivision of Palm
Beach County, Florida, according to the Plat thereof
on file in the office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in
Plat Book 25, pages 7 to 15, inclusive.
SUBJECT to easements and restrictions of record as more
particularly set forth in that certain Declaration of
Restrictions dated December 27, 1956 and recorded in
Official Records Book 2, at page 638, public records of
Palm Beach County, Florida, it being expressly understood
. by the Grantee that the use of the subject property is
reserved for the use of the owners of lots in the sub-
s division of TEQUESTA for entry into the waters of the
m Loxahatchee River.
S.TAT"ECF FLORIDA
w ' DOCEM 4TAp" STAMP TAX '
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RECCRD15C73 PACE 117
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And the said Grantor does hereby covenant that it will warrant and defend the title
to said land against'the lawful claims of all persons claiming under, by or through it.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be
executed by its President, and its corporate seal to be affixed, attested by its
Secretary, the day and year aforesaid.
TEQUESTA COUNTRY CLUB COMMUNITY
ASSOCIATION, INC.
(CORPORATE SEAL) y I'l ��
J�hn M. Good, President.
Per�'. "' 't'a'•.`'��:1
Attes • (y,
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Ernest R. Shaw, Secretary.
Signed, sealed and delivered
in the presence of:
•
4) if3//eeiii.dif2Cif
STATE OF FLORIDA
SS.
COUNTY OF P.AI ...BEACH
Before me personally appeared JOHN M, GOOD and ERNEST R, SHAW
and TE'QUE•S•TA COUNTRY-CLUB""COMMUNITY •
respectively, President and Secretary of -ASSOCIATION INC•
to me well known, and they acknowledged before me that they executed the foregoing i ltrument as such officers of said
corporation, and that they affixed thereto the official seal of said corporation; and I FURTHER CERTIFY that I know the
said persons making said acknowledgment to be the individuals described in and who executed the said instrument.
WITNESS my hand and official seal this p2 day of July , 19....6.7....
: /✓
Notary Public in and for the County and State Afore d.
(W;l4Ekit► L�
•�?4 1 jaf ?�J r; • My Commission expires:
• '' '• ''' Notary Public, State o: Flcni.'a t.t tar^e
( i, y'+,t*'yP; i.r :'� - My Commission Exr.:rci !a►(lr 17, 1i:a
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ond•d Sy Amman Fin d CasualtyC.,
;'y ovn,�°• �� � Recorded In Official Record Book
Of Palm Beach County, Florida
< cFr'ri �+ John B. Dunkl
"""1. RFCfk015U3 PACE 118 Plnrk of Pir•ri':r