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HomeMy WebLinkAboutResolution_16-94/95_03/09/1995 i RESOLUTION NO. 16 - 94/95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SETTING FORTH THE INTENTIONS OF THE VILLAGE COUNCIL IN REGARDS TO SPECIFIC ISSUES OF SPECIAL CONCERN TO THE RESIDENTS OF THE JUPITER HEIGHTS SUBDIVISION PROPOSED FOR ANNEXATION TO BE DECIDED BY REFERENDUM ON MARCH 14, 1995. WHEREAS, the Village Council of the Village of Tequesta has called for a Referendum to be held on March 14, 1995, wherein the registered electors of the Village of Tequesta and the registered electors of the five designated Annexation Areas, indentified as Areas A through E, will consider the Referendum question(s) concerning the proposed annexation ; and WHEREAS, the Jupiter Heights Subdivison is a portion of the proposed Annexation Area A; and WHEREAS, the residents of the Jupiter Heights Subdivision have expressed specific concerns in regard to the proposed annexation of their neighborhood which are unique to their community and it's interests; and WHEREAS, Village Officials have sought to make certain assurances to the aforementioned people residing in Jupiter Heights in order to address these concerns and to show Tequesta's • sincerity in being responsive to the people; and WHEREAS, the Village Council wishes to memorialize the assurances of Village Officials prior to the Annexation Referendum on March 14, 1995, so that the affected registered electors can consider the Annexation Referendum knowing that the future relations with the Village of Tequesta can be as promised. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed. Section2. Pursuant to Florida Statute 171.062(2) the Jupiter Heights Subdivision proposed for annexation shall continue to be subject to the Palm Beach County land use plan and zoning or subdivision regulations until the Village of Tequesta adopts a comprehensive plan amendment that includes the newly annexed area. Section 3. Provided that the referendum question is voted in the affirmative for Annexation Area A and affirmatively by the registered electors of the Village of Tequesta, the Village Council hereby sets forth its intentions relative to Zoning issues expressed by the residents of the Jupiter Heights Subdivision by stating it's intention to proceed with Public Hearings wherein Zoning • Ordinance considerations will be undertaken as follows: A) A Zoning District classification or Zoning Ordinance amendment for those residentially zoned portions of the Jupiter Heights Subdivision wherein, in recognition of the typically smaller lot sizes existing therein, one (1) boat or one (1) trailer designed to carry a boat, with or without boat thereon, and one (1) recreational mobile vehicle, but not more than one(1) of each may be parked on a plot within the residential district on the front yard driveway provided that the boat, trailer or vehicle is owned and used by a resident of the premises and no such boat, trailer or vehicle is occupied or used for living, sleeping or housekeeping purposes. The term "plot" as used herein shall include both the lot on which a residence is located and any abutting lot which is in the control of the occupant of such residence by virtue of ownership or lease of such abutting lot. Parking of boats, boat trailers or recreational mobile vehicles owned by persons other than those residing in an abutting residence may be parked on adjacent vacant lots provided that such are registered to residents of the subdivision wherein the vacant lot is located and the person(s) controlling the vacant lot have granted prior approval of the same. Section 4 . The Village Council acknowledges that the Jupiter Heights Subdivision is different in character in that lot sizes are typically smaller than currently allowed in Tequesta and as a consequence many of the property owners in question park boats, boat trailers and recreational mobile vehicles in a manner that is in contravention with current Village of Tequesta ordinances and that the Village of Tequesta shall modify it's ordinances as hereinabove stated to address this concern. In the interim Tequesta personnel will not enforce the provisions of the Palm Beach County Zoning Code or the Tequesta Zoning Code which prohibit the parking of boats, boat • trailers or recreational mobile vehicles while Tequesta is in the process of preparing an ordinance in that these properties deserve consideration of phasing to accommodate an orderly transition so as to come into compliance with the Codes of the Village of Tequesta as they may ultimately exist. Section 5. Village Council hereby states it's intent to honor and to not seek to overturn the four (4) License Agreements for the four (4) separate Dock Associations approved by the Palm Beach County Board of County Commissioners at their meeting on February 21, 1995, copies of which are attached hereto as Exhibit "A ". Furthermore, the Village Council agrees to honor all legal permits issued by Palm Beach County relative to the docks issued in furtherance of the License Agreements approved by the Board of County Commissioners. In the future, in the event a majority of the residents of Jupiter Heights seek to find an alternative means of effectuating access to the water and /or docks within Jupiter Heights or a court of law overturns the License Agreements and /or permits issued by Palm Beach County, the Village Council hereby commits to working with the residents of Jupiter Heights to facilitate their desires as the Village Council has done previously within other Tequesta communities which have faced similar circumstances. Section 6. The Village Manager is directed to forward a copy of this Resolution to applicable registered electors of the Jupiter Heights Subdivision proposed for annexation in advance of the Referendum scheduled for Marchl4, 1995 . THE FOREGOING RESOLUTION was offered by Councilmember Burckart , who moved its adoption. The motion was seconded by Councilmember Schauer , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Capretta Earl L. Collings Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of March, A.D., 1995. MAYOR OF TEQUESTA� Ron T. Mackail ATTEST: oann Manganiell Village Clerk Exhibit "A" LICENSE This will serve as a license and authorization (hereinafter the "License ") by Palm Beach County (hereinafter the "County ") for Palm Court, Jupiter Heights, Dock Owners Association, Inc. (hereinafter the "Association") to maintain boat docks on certain County right - of -way (currently in violation of County policy regulations) on the eastern end of Palm Court in Tequesta, Florida, (the "Right -of- Way") as more particularly shown on Exhibit "A ", attached hereto and made a part hereof, subject to and conditioned upon the following: 1. This License is granted for the purpose of allowing the members of the Association to maintain docks located in whole or in part on the County's Right -of -way as of June 1, 1994. The use of the docks shall be limited to recreational purposes for the Association members and their guests. The Association shall pay $100.00 per year to the County for this License. 2. The Association shall maintain at its sole cost and expense the docks and the entire swale of the right -of -way on which the docks are located in a manner acceptable to the County. The Association shall neither make nor permit additions or modifications to the right -of -way that are not required for ordinary maintenance or safety purposes without the prior written consent of the County Engineer or his deputy. 3. The existence and use of the docks shall not interfere with or be a sight obstruction for the public traveling on Palm Court. 4. This License is personal to the Association and may not be assigned or transferred. 5. At all times during its use of the property covered by this License, the Association agrees to comply with all laws and ordinances, orders, rules, regulations and requirements of all governmental authority which may be applicable to the property. 6. The Association acknowledges that the docks are located on or over a body of water known os "Yacht Harbor" and that the County does not by this License grant or deny any authorization for use of such waterway. 7. The Association expressly understands and agrees that the rights and privileges herein set out in this License are granted only to the extent of the County's rights, title and interest in 40 the Right -of -Way and used by the Association. THE ASSOCIATION SHALL INDEMNIFY AND HOLD THE COUNTY HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES OR CAUSES OF ACTION WHICH MAY ARISE OUT OF THE PERFORMANCE OF THIS LICENSE. THE ASSOCIATION WILL AT ALL TIMES ASSUME ALL RISKS AND FURTHER WILL PROTECT, DEFEND, REIMBURSE, INDEMNIFY AND SAVE THE COUNTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, EXPENSE, LOSS, COST, FINE, AND DAMAGE (INCLUDING ATTORNEY'S FEES) OF EVERY KIND AND CHARACTER BY REASON OF THE EXERCISE OR ATTEMPTED EXERCISE BY THE ASSOCIATION OF THE AFORESAID RIGHTS AND PRIVILEGES REGARDLESS OF THE APPORTIONMENT OF NEGLIGENCE OF THE PARTIES INVOLVED. FURTHER, THE ASSOCIATION AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLIGENCE ARISING OUT OF THIS LICENSE. Said indemnification shall include all contractors, sub - contractors, or anyone acting for, on behalf of, or at the request of the Association. The Association recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant and expressly acknowledges the receipt of valuable consideration provided by the County in support of this indemnification in accordance with the laws of Florida. 8. Licensee shall obtain and maintain during the term of this License Commercial General Liability, or similar form acceptable to the County, with minimum limits of $1,000,000 each occurrence, Bodily Injury and Property Damage. Licensee shall provide evidence of such insurance which shall take the form of a standard Certificate of Insurance, in an insurance carrier acceptable to the County, which must include Palm Beach County, a political subdivision of the State of Florida, as an Additional Insured and contain not less than 30 days notice of cancellation, nonrenewal or material adverse change of coverage. This Certificate must be renewed annually or until such time as the License is no longer in force. It shall be the responsibility of the Licensee to ensure that any contractors or subcontracts 2 similarly comply with this insurance requirement and that they are properly insured for Workers Compensation in accordance with • Florida Statutes. 9. Except as otherwise provided herein any notice under this License shall be in writing and sent by U.S. Mail as follows: TO THE COUNTY: George Webb County Engineer 160 Australian Avenue West Palm Beach, Florida 33406 TO THE ASSOCIATION: Richard Kuntz, President Palm Court, Jupiter Heights, Dock Owners Association, Inc. 3447 Palm Court Jupiter, Florida 33469 and to Christopher C. Copeland, Esq. Levy, Kneen, Wiener, Kornfeld & Del Russo 1400 Centre Park Blvd., Suite 1000 West Palm Beach, Florida 10. This License contains the entire agreement of the parties and may only be modified by a written amendment signed by both • parties. 11. This License shall be governed by Florida Law. Any legal action arising out of this License shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 12.(a) Upon the Association's breach which is uncured after thirty (30) days written notice, the County may revoke this License upon thirty (30) days written notice to the Association. 12. (b) By written notice from the County Engineer, the County may revoke this License upon six (6) months notice to the Association without cause. 12. (c) The Association agrees to vacate the Right -of -Way promptly in accordance with the applicable notice provision provided. 13. In the event of an emergency as determined in the sole discretion of the County Engineer involving the health, safety and welfare of the County, this License may be terminated or suspended 3 • immediately. The County Engineer or his deputy shall notify the Association in a manner and time appropriate to the circumstances of the emergency, if possible. The Association agrees to vacate or • cooperate in vacating the Right -of -Way consistent with such notice. If the County Engineer notifies the Association that the emergency requiring a suspension of this License has ended, this License will continue according to its terms. IN WITNESS W88RSOF, the parties hereto have caused this instrument to be executed by their respective officials thereco duly authorized. ATTEST: PALM COURT, JUPITER HEIGHTS, DOCK WNERS.ASSOCIATION, INC. / 7 By: �C� By: !` / Pre Dated: /� ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair • Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY B F + County A` ey g:\eng\pfk\eng_gen\pa1mcrt.Lic [pfk /mej] ver. #1 - 10.21.941 4 • JUPITER HEIGHTS CANAL COURT. INLET COURT. ` PALM COURT THREE PARCELS OF LAND BEING PORTIONS OF SECOND STREET (CANAL COURT). THIRD STREET (INLET COURT). AND FOURTH STREET (PALM COURT) OF THE PLAT OF JUPITER HEIGHTS IN GOVERNMENT LOT 2. • SECTION 30. TOWNSHIP 40 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 23. PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE ROAD RIGHT OF MAY OF SECOND STREET (CANAL COURT 40'R /W) BOUNDED AS FOLLOWS: 1. ON THE EAST BY THE WEST LINE OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTS; 2. ON THE SOUTH BY THE NORTH LINE OF LOT 18, BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTSt 3. ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 18. BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTS; 4. AND ON THE NORTH BY THE SOUTH LINE OF LOT 19. BLOCK 2 OF SAID PLAT OF JUPITER HEIGHTS: TOGETHER WITH: ALL OF THE ROAD RIGHT OF WAY OF THIRD STREET (INLET COURT 40'R /W) BOUNDED AS FOLLOWS: 1. ON THE EAST BY THE WEST LINE OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTS; 2. ON THE SOUTH BY THE NORTH LINE OF LOT 20. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS. 3. ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 20. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS; 4. AND ON THE NORTH BY THE SOUTH LINE OF LOT 19. BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTSi TOGETHER WITH: • CONTINUED ON SHEET 2 OF 3 tires JUPITER HEIGHTS � ~� ,� CANAL COURT, INLET COURT, VOM VOW i c.. it & PALM COURT fit; SMVWP dm" M` S -1-94 -768 NSA s&SM =ftVf sA= nar= • EXHIBIT 'A" • ALL OF THE ROAD RIGHT OF MAY OF FOURTH STREET (PALM COURT 40'R/W) BOUNDED AS FOLLOWS: I. ON THE EAST BY THE WEST LINE OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTS: 2. ON THE NORTH BY THE SOUTH LINE OF LOT 21. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS: 3. ON THE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 21. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS. 4. AND ON THE SOUTH BY THE NORTH LINE OF LOT 1S. BLOCK 5 OF SAID PLAT OF JUPITER HEIGHTS: I I I I I I • I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORI STATUTES. GLENN W. MARK. PLS ` DA FLORIDA CERTIFICATE 05304 i INVALID WITHOUT SIGNATURE AND SEAL L JUPITER HEIGHTS ; F W � � °O°Vt CANAL COURT. INLET COURT. z ° AM � .4W �' I `'' & PALM COURT E ��: ® my- BMA m jLn S -1-94 -768 N/A n&a EMMM PAM =AM o P � __ � � ■ � ® ' : : § � smm smu.CAO& CT., � f � K ■ . ■ ■ is ■ . . ' eS71WiNIXT CT-,. o il 45 left I � : ■ ■ ; ■ ■ _ ■@ _ STKU.MA CT-, meb � ■ ._ . . _ c - . ■ . ( N 1 - k JUPITER EIGHTS -cAAL CT.. IAA CT.. &PALO c. /_ � 2 LICENSE This will serve as a license and authorization (hereinafter the "License ") by Palm Beach County (hereinafter the "County ") for Harbor Road North, Jupiter Heights, Dock Owners Association, Inc. (hereinafter the "Association ") to maintain boat docks on certain County right -of -way (currently in violation of County policy regulations) on the eastern side of Harbor Road North in Tequesta, Florida, (the "Right -of -Way ") as more particularly shown on Exhibit "A ", attached hereto and made a part hereof, subject to and conditioned upon the following: 1. This License is granted for the purpose of allowing the members of the Association to maintain docks located in whole or in part on the County's Right -of -Way as of June 1, 1994. The use of the docks shall be limited to recreational purposes for the Association members and their guests. The Association shall pay $100.00 per year to the County for this License. 2. The Association shall maintain at its sole cost and expense the docks and the entire Swale of the right -of -way on which the docks are located in a manner acceptable to the County. The • Association shall neither make nor permit additions or modifications to the right -of -way that are not required for ordinary maintenance or safety purposes without the prior written consent of the County Engineer or his deputy. 3. The existence and use of the docks shall not interfere with or be a sight obstruction for the public traveling on Harbor Road North. 4. This License is personal to the Association and may not be assigned or transferred. 5. At all times during its use of the property covered by this License, the Association agrees to comply with all laws and ordinances, orders, rules, regulations and requirements of all governmental authority which may be applicable to the property. 6. The Association acknowledges that the docks are located on or over a body of water known as "Yacht Harbor" and that the County does not by this License grant or deny any authorization for use of such waterway. • 7. The Association expressly understands and agrees that the rights and privileges herein set out in this License are granted only to the extent of the County's rights, title and interest in • the Right -of -Way and used by the Association. THE ASSOCIATION SHALL INDEMNIFY AND HOLD THE COUNTY HARMLE FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES OR CAUSES OF ACTION WHICH MAY ARISE OUT OF THE PERFORMANCE OF THIS LICENSE. TEX ASSOCIATION WILL AT ALL TIMES ASSUME ALL RIS3tS AND FURTHER WILL PROTECT, DEFEND, REIMBURSE, INDEMNIFY AND SAVE THE COUNTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, EXPENSE, LOSS, COST, FINE, AND DAMAGE (INCLUDING ATTORNEY'S FEES) OF EVERY RIND AND CHARACTER BY REASON OF THE EXERCISE OR ATTEMPTED EZERCIsE HY THE ASSOCIATION OF THE AFORESAID RIGHTS AND PRIVILEGES REGARDLESS OF THE APPORTIONMENT OF NEGLIGENCE OF THE PARTIES INVOLVED. FURTHER, THE ASSOCIATION AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLIGENCE ARISING OUT OF THIS LICENSE. Said indemnification shall include all contractors, sub- contractors, or anyone acting for, on behalf of, or at the request of the Association. The Association recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant and expressly acknowledges the e receipt of valuable consideration provided by the County in support of this indemnification in accordance with the laws of Florida. 8. Licensee shall obtain and maintain during the term of this License Commercial General Liability, or similar form acceptable to the County, with minimum limits of $1,000,000 each occurrence, Bodily Injury and Property Damage. Licensee shall provide evidence of such insurance which shall take the form of a standard Certificate of Insurance, in an insurance carrier acceptable to the County, which must include Palm Beach County, a political subdivision of the State of Florida, as an Additional Insured and contain not less than 30 days notice of cancellation, nonrenewal or material adverse change of coverage. This Certificate must be renewed annually or until such time as the License is no longer in force. It shall be the responsibility of the Licensee to ensure that any contractors or subcontracts 2 • similarly comply with this insurance requirement and that they are properly insured for Workers Compensation in accordance with Florida Statutes. 9. Except as otherwise provided herein any notice under this License shall be in writing and sent by U.S. Mail as follows: TO THE COUNTY: George Webb County Engineer 160 Australian Avenue West Palm Beach, Florida 33406 TO THE ASSOCIATION: Peter Leo, President Harbor Road North, Jupiter Heights, Dock Owners Association, Inc. 3492 Harbor Road North Jupiter, Florida 33469 and to Hallie Gabor Hawkins, Esq. Vance & Doney, P.A. 1615 Forum Place - Suite 200 West Palm Beach, Florida 33401 10. This License contains the entire agreement of the parties and may only be modified by a written amendment signed by both parties. • 11. This License shall be governed by Florida Law. Any legal action arising out of this License shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 12.(.a) Upon the Association'a breach which is uncured after thirty (30) days written notice, the County may revoke this License upon thirty (30) days written notice to the Association. 12. (b) By written notice from the County Engineer, the County may revoke this License-upon six (6) months notice to the Association without cause. 12. (c) The Association agrees to vacate the Right -of -Way promptly in accordance with the applicable notice provision provided. 13. In the event of an emergency as determined in the sole discretion of the County Engineer involving the health, .safety and welfare of the County, this License may be terminated or suspended 3 immediately. The County Engineer or his deputy shall notify the Association in a manner and time appropriate to the circumstances of the emergency, if possible. The Association agrees to vacate or • cooperate in vacating the Right -of -way consistent with such notice. If the County Engineer notifies the Association that the emergency requiring a suspension of this License has ended, this License will continue according to its terms. IN WITNESS WSEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereto duly authorized. ATTEST: HARBOR ROAD NORTH, JUPITER HEIGHTS, DOCK OWNERS ASSOCIATION, INC. BY B _' President Dated: ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair • Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: I County Attor g: \eng \pfk \eng_gen \habrrdn.Lic [pfk /mejj ver.87 - 10.21.941 4 • JUPITER HEIGHTS HARBOR ROAD L HAMM ROAD NORTH I HARBOR RO NUM)) K ING T A PORTION E FLAT OFJUPI�TER ROAD I STREET H EIGHTS INHm ERN NT LOT 2. SECTION 30, TOWNSHIP 40 5011TH. RANGE 43 EAST. AS RECORDED IN PLAT BOO( 239 PAGE 62 OF THE PUBLIC RECORDS OF PALM BEACH • F CC . = FLORIDA. SAID PARCEL MDIE DESCRIBED AS ALL OF THE ROAD RIGHT OF WAY (I HARBOR ROAD ( 40' RIM) AND FIRST STREET (HARBOR ROAD NORTH 40'R/W) BOUNDED AS FOLLOWS: 1. HARBOR ROAD — ON THE NORTH BY THE SMITH LINE OF LOT 16. BLOCK 1 OF THE PLAT OF JUPITER HEIGHTS= 2. HARBOR ROAD — ON THE EAST BY THE WEST LINE OF LOT'S 1 THROUGH S. BLOCK 6 OF SAID PLAT OF JUPITER HEIGHTS( 3. HAMOR ROAD — ON THE SMITH BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT S. BLOCK B OF SAID PLAT OF JUPITER HEIGHTS+ 4. HARBOR ROAD — ON THE WEST BY THE EAST LINE OF YACHT HARBOR (SO'R/W) OF SAID PLAT OF JUPITER HEIGHTS& S. FIRST STREET (HARBOR ROAD NORTH) — ON THE Sam BY THE NORTH LINE OF LOT 16. BLOCK 2 AND THE MOM LINE OF HARBOR OF SAID PLAT JUPITER HEIGHTS& 6. FIRST STREET (HARBOR ROAD NORTH) — ON THE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 15. BLOCK 1 OF SAID PLAT OF JUPITER HEIGHTS& 7. FIRST STREET (HARBOR ROAD NORTH) — ON THE NORTH BY THE SOUTH LINE OF LOTS 15 AND 16. JUPITER HEIGHHHTS.�AT OF • I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 6107 -6. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. GL NN W. MARK. PLS DATE FLORIDA CERTIFICATE 05304. r INVALID WITHOUT SIGNATURE AND SEAL JUPITER HEIGHTS �U C ` PAM s aamr:r • HARBOR ROAD b .fly W� AM song A HARBOR ROAD NORTH � �r ® m4GmqxxmtzNo HaRVTaC Aas 5- 1- 94 -767 NIA a• t VW PAM SAO , �■ ' ' - �� ���� - ■ � ■ � ® s li e I SCOW S7WWMAWL CT-, °® ■ �® � � -. . • . ; ■ ■ ; a . � ■ � � . . � ■ © , . ■ ■ e s ■ - � THIe swaviWAT CT-•. _ - . , ■ . , , s ro" � CT., - �_ pll* / ■ �r •� t � , $ � .- . � - § . —AMM e. & e, � � . LICENSE This will serve as a license and authorization (hereinafter the "License ") by Palm Beach County (hereinafter the "County ") for • Inlet Court, Jupiter Heights, Dock Owners Association, Inc. (hereinafter the "Association ") to maintain boat docks on certain County right -of -way (currently in violation of County policy regulations) or. the eastern end of Inlet Court in Tequesta, Florida, (the "Right -of- Way ") as more particularly shown on Exhibit "A ", attached hereto and made a part hereof, subject tc and conditioned upon the following: 1. This License is granted for the purpose of allowing the members of the Association to maintain docks located in whole or in part on the County's Right -of -Way as of June 1, 1994. The use of the docks shall be limited to recreational purposes for the Association members and their guests. The Association shall pay $100.00 per year to the County for this License. 2. The Association shall maintain at its sole cost and expense the docks and the entire swale of the right -of -way on which the docks are located in a manner acceptable to the County. The Association shall neither make nor permit additions or • modifications to the right -of -way that are not required for ordinary maintenance or safety purposes without the prior written consent of the County Engineer or his deputy. 3. The existence and use of the docks shall not interfere with or be a sight obstruction for the public traveling on Ins Cour.. 4. This License is personal to the Association and may not be assigned or transferred. 5. At all times during its use of the property covered by this License, the Association agrees to comply with all laws and ordinances, orders, rules, regulations and requirements of all governmental authority which may be applicable to the property. 6. The Association acknowledges that the docks are located on or over a body of water known as "Yacht Harbor" and that the County does not by this License grant or deny any authorization for use of such waterway. 7. The Association expressly understands and agrees that t e rights and privileges herein set out in this License are granted only to the extent of the County's rights, title and interest in • the Right -of -Way and used by the Association. THE ASSOCIATION SHALL INDEMNIFY AND HOLD THE COUNTY HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES OR CAUSES OF ACTION WHICH MAY ARISE OUT OF THE PERFORMANCE OF THIS LICENSE. THE ASSOCIATION WILL AT ALL TIMES ASSUME ALL RISKS AND FURTHER WILL PROTECT, DEFEND, REIMBURSE, INDEMNIFY AND SAVE THE COUNTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, EXPENSE, LOSS, COST, FINE, AND DAMAGE (INCLUDING ATTORNEY'S FEES) OF EVERY KIND AND CHARACTER BY REASON OF THE EXERCISE OR ATTEMPTED EXERCISE BY THE ASSOCIATION OF THE AFORESAID RIGHTS AND PRIVILEGES REGARDLESS OF THE APPORTIONMENT OF NEGLIGENCE OF THE PARTIES INVOLVED. FURTHER, THE ASSOCIATION AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLIGENCE ARISING OUT OF THIS LICENSE. Said indemnification shall include all contractors, sub - contractors, or anyone acting for, on behalf of, or at the request_ of the Association. The Association recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant and expressly acknowledges the . receipt of valuable consideration provided by the County in support of this indemnification in accordance with the laws of Florida. S. Licensee shall obtain and maintain during the term of this License Commercial General Liability, or similar form acceptable to the County, with minimum limits of $1,000,000 each occurrence, Bodily Injury and Property Damage. Licensee shall provide evidence of such insurance which shall take the form of a standard Certificate of Insurance, in an insurance carrier acceptable to the County, which must include Palm Beach County, a political subdivision of the State of Florida, as an Additional Insured and contain not less than 30 days notice of cancellation, nonrenewal or material adverse change of coverage. This Certificate must be renewed annually or until such time as the License is no longer in force. It shall be the responsibility of the Licensee to ensure that any contractors or subcontracts 2 • similarly comply with this insurance requirement and that they are properly insured for Workers Compensation in accordance with Florida Statutes. • 9. Except as otherwise provided herein any notice under this License shall be in writing and sent by U.S. Mail as follows: TO THE COUNTY: George Webb County Engineer 160 Australian Avenue West Palm Beach, Florida 33406 TO THE ASSOCIATION: Robin Perry, President Inlet Court, Jupiter Heights, Dock Owners Association, Inc. 3453 Inlet Court Jupiter, Florida 33469 and to Hallie Gabor Hawkins, Esq. Vance & Doney, P.A. 1615 Forum Place - Suite 200 West Palm Beach, Florida 33401 10. This License contains the entire agreement of the parties and may only be modified by a written amendment signed by both parties. • 11. This License shall be governed by Florida Law. Any legal action arising out of this License shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 12.(.a) Upon the Association's breach which is uncured after thirty (30) days written notice, the County may revoke this License upon thirty (30) days written notice to the Association. 12. (b) By written notice from the County Engineer, the County may revoke this License upon six (6) months notice to the Association without cause. 12. (c) The Association agrees to vacate the Right -of -Way promptly in accordance with the applicable notice provision. provided. 13. In the event of an emergency as determined in the sole discretion of the County Engineer involving the health, safety and welfare of the County, this License may be terminated or suspended 3 • immediately. The County Engineer or his deputy shall notify the Association in a manner and time appropriate to the circumstances of the emergency, if possible. The Association agrees to vacate or • cooperate in vacating the Right -of -way consistent with s:Ch notice. If the County Engineer notifies the Association that the emergency requiring a suspension of this License has ended, this License will continue according to its terms. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereto duly authorized. ATTEST: INLET COURT, JUPITER HEIGHTS, DOCK OWNERS ASSOCIATION, INC. By: C� By: &6'�qV ( J)j j President Dated: \p \2°'A ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair • Dated: APPROVED AS TO FORM AND LEGAL p SUFF I CIENCY County Attor g: \eng \pfk \eng_gen \inietcrt.Lic [pfk /mej] ver.42 - !0.21.941 - 4 • JUPITER HEIGHTS CANAL COURT. INLET COURT. L PALM COURT THREE PARCELS OF LAND BEING PORTIONS OF SECOND STREET (CANAL COURT). THIRD STREET (INLET COURT). AND FOURTH STREET (PALM COURT) OF THE PLAT OF JUPITER HEIGHTS IN GOVERNMENT LOT 2. • SECTION 30. TOWNSHIP 40 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 23. PACE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE ROAD RIGHT OF WAY (IF SECOND STREET (CANAL COURT 40'R /W) BOUNDED AS FOLLOWS: I. ON THE EAST BY THE WEST LINE OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTS; 2. ON THE SOUTH BY THE NORTH LINE OF LOT 18. BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTS; 3. ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT IS. BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTS; 4. AND ON THE NORTH BY THE SOUTH LINE OF LOT 19. BLOCK 2 OF SAID PLAT OF JUPITER HEIGHTS: TOGETHER WITH: ALL OF THE ROAD RIGHT OF WAY OF THIRD STREET (INLET COURT 40'R /W) BOUNDED AS FOLLOWS: I. ON THE EAST BY THE WEST L114E OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTS; 2. ON THE SOUTH BY THE NORTH LINE OF LOT 20. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS: 3. ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 20. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS; 4. AND ON THE NORTH BY THE SOUTH LINE OF LOT 19. BLOCK 3 OF SAID PLAT OF JUPITER HEIGHTS; TOGETHER WITH: • CONTINUED ON SHEET 2 OF 3 �_ pp ` JUPITER HEIGHTS � ; ft� 'PALM NUM �F a CANAL COURT. INLET COURT. a � _ t W � As P= d PALM COURT ® suvi S -1-94 -768 N/A r.ns= sir PALM VlAt n • ALL OF THE ROAD RIGHT OF WAY OF FOURTH STREET (PALM COURT 40'RlW1 BOUNDED AS FOLLOWS: 1. ON THE EAST BY THE WEST LINE OF YACHT HARBOR OF SAID PLAT OF JUPITER HEIGHTSt 2. ON THE NORTH BY THE SOUTH LINE OF LOT 21. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS: 3. ON THE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOT 21. BLOCK 4 OF SAID PLAT OF JUPITER HEIGHTS. 4. AND ON THE SOUTH BY THE NORTH LINE OF LOT 15. BLOCK 5 OF SAID PLAT OF JUPITER HEIGHTS: I I i � • I HEREBY CERTIFY THAT THE LEGAL DESCRIRTION AND SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORI STATUTES. I �OD w ►'tio✓L c GLENN W. MARK. PLS D e l FLORIDA CERTIFICATE 05304 I INVALID WITHOUT SIGNATURE AND SEAL lo ; JUPITER HEIGHTS. F f P� _�° a7m�r A° �M' CANAL COURT. INLET COURT S f P o LA & PALM COURT � m S-1-94-76 8 &2= "t»= t `WW PALM =Aff • P� ■ - � i- 1 Ago - U: / &. ■ . ■ §n � _ ■ _ �. CT.) - •!_ _, ! ■ ' ■ �© ■; ' % % � � ' � . ■ ■ s ■ - 3rZ IQ {� Me_ imLrr CT.,. � ' _� _ ; ; _ . . ■ - | ! : ■ ■ _ ; ■ _ ■@ _ _ ..ter., 0 407), . �• � k •__ - s -94-68 JuzmFt EIGHT -CANAL CT. !NLG c . £PAL. r. ,i � s LICENSE This will serve as a license and authorization (hereinafter the "License ") by Palm Beach County (hereinafter the "County- far • Harbor Road South, Jupiter Heights, Dock Owners Association, 1..,.. (hereinafter the "Association ") to maintain boat docks on certai^ County right -of -way (currently in violation of County policy regulations) on the eastern side of Harbor Road South in Tequesta, Florida, (the "Right -of- Way ") as more particularly shown on Exhibit "A ", attached hereto and made a part hereof, subject to and conditioned upon the following: 1. This License is granted for the purpose of allowing the members of the Association to maintain docks located in whole or in part on the County's Right -of -Way as of June 1, 1994. The use of t: ^e docks shall be limited to recreational purposes for the Association members and their guests. The Association shall pay $100.00 per year to the County for this License. 2. The Association shall maintain at its sole cost and expense the docks and the entire swale of the right -of -way on which the docks are located in a manner acceptable to the County. The Association shall neither make nor permit additions or • modifications to the right -of -way that are not required for ordinary maintenance or safety purposes without the prior written consent of the County Engineer or his deputy. 3. The existence and use of the docks shall not interfere with or be a sight obstruction for the public traveling on Harbor Road South. 4. This License is personal to the Association and may nor- be assicned or transferred. 5. At all times during its use of the property covered by this License, the Association agrees to comply with all 'Laws and ordinances, orders, rules, regulations and requirements of all governmental authority which may be applicable to the property. 6. The Association acknowledges that the docks are located on or over a body of water known as "Yacht Harbor" and that the County does not by this License grant or deny any authorization for use of such waterway. • 7. The Association expressly understands and agrees that the rights and privileges herein set out in this License are granted only to the extent of the County's rights, title and interest in • the Right -of -way and used by the Association. THE ASSOCIATION SHALL INDEMNIFY AND HOLD THE COUNTY HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES OR CAUSES OF ACTION WHICH MAY ARISE OUT OF THE PERFORMANCE OF THIS LICENSE. THE ASSOCIATION WILL AT ALL TIMES ASSUME ALL RISKS AND FURTHER WILL PROTECT, DEFEND, REIMBURSE, INDEMNIFY AND SAVE THE COUNTY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, EXPENSE, LOSS, COST, FINE, AND DAMAGE (INCLUDING ATTORNEY'S FEES) OF EVERY KIND AND CHARACTER BY REASON OF THE EXERCISE OR ATTEMPTED EXERCISE BY THE ASSOCIATION OF THE AFORESAID RIGHTS AND PRIVILEGES REGARDLESS OF THE APPORTIONMENT OF NEGLIGENCE OF THE PARTIES INVOLVED. FURTHER, THE ASSOCIATION AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLIGENCE ARISING OUT OF THIS LICENSE. Said indemnification shall include all contractors, sub - contractors, or anyone acting for, on behalf of, or at the request of the Association. The Association recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant and expressly acknowledges the • receipt of valuable consideration provided by the County in support of this indemnification in accordance with the laws of Florida. 8. Licensee shall obtain and maintain during the term of this License Commercial General Liability, or similar form acceptable to the County, with minimum limits of $1,000,000 each occurrence, Bodily Injury and Property Damage. Licensee shall provide evidence of such insurance which shall take the form of a standard Certificate of Insurance, in an insurance carrier acceptable to the County, which must include Palm Beach County, a political subdivision of the State of Florida, as an Additional Insured and contain not less than 30 days notice of cancellation, nonrenewal or material adverse change of coverage. This Certificate must be renewed annually or until such time as the License is no longer in force. It shall be the responsibility of the Licensee to ensure that any contractors or subcontracts 2 similarly comply with this insurance requirement and that they are properly insured for Workers Compensation in accordance with Florida Statutes. • 9. Except as otherwise provided herein any notice under this License shall be in writing and sent by U.S. Mail as follows: TO THE COUNTY: George Webb County Engineer 160 Australian Avenue West Palm Beach, Florida 33406 TO THE ASSOCIATION: Kris Heiser, President Harbor Road South, Jupiter Heights, Dock Owners Association, Inc. 3410 Harbor Road South Jupiter, Florida 33469 and to Hallie Gabor Hawkins, Esq. Vance & Doney, P.A. 1615 Forum Place - Suite 200 West Palm Beach, Florida 33401 1C. This License contains the entire agreement of the par__es and may only be modified by a written amendment signed by both parties. • 11. This License shall be governed by Florida Law. Any legal action arising out of this License shall be brought in a court of competent jurisdiction. in Palm Beach County, Florida. 12.(a) Upon the Association's breach which is uncured after thirty (30) days written notice, the County may revoke this License upon thirty (30) days written notice to the Association.. 12. (b) By written notice from the County Engineer, the County may revoke this License upon six (6) months notice to the Association without cause. 12. (c) The Association agrees to vacate the Right -of -Way promptly in accordance with the applicable notice provision provided. 13. In the event of an emergency as determined in the sole discretion of the County Engineer involving the health, safety and welfare of the County, this License may be terminated or suspended 3 • immediately. The County Engineer or his deputy shall notify he Association in a manner and time appropriate to the circumstances of the emergency, if possible. The Association agrees to vacate or • cooperate in vacating the Right -of -Way consistent with such notice. If the County Engineer notifies the Association that the emergency requiring a suspension of this License has ended, this License will continue according to its terms. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereto duly authorized. ATTEST: HARBOR ROAD SOUTH, JUPITER HEIGHTS, DOCK OWNERS ASSOCIATION, INC. B Y`5 Pr sident Dated: J G `' ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair • Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By : P rte. County Atto g: \eng \pfk \eng_gen \harbrrd2.Lic [pfk /mej] 4 • JUP ITER HEI CKTS NARBOR ROAD & HARBOR ROAD SOUTH A PARCEL OF LAND BEING A PORTION OF HARBOR ROAD AND FIFTH STREET (HARBOR ROAD SOUTH) OF THE PLAT OF JUPITER HEIGHTS IN GOVERNMENT LOT 2. SECTION 30. TOWNSHIP 40 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 23. PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH • COUNTY. FLORIDA. SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE ROAD RIGHT OF WAY OF HARBOR ROAD (40'R/W) AND FIFTH STREET (HARBOR ROAD SOUTH 40'R/W) BOUNDED AS FOLLOWS: I. HARBOR ROAD - ON THE SOUTH BY THE NORTHWESTERLY LINE OF LOT S. BLOCK 7 OF SAID PLAT ff JUPITER HEIGHTS; 2. HARBOR ROAD - ON THE EAST BY THE WEST LINE OF LOTS 2 THROUGH 7. BLOCK 7 OF SAID PLAT OF JUPITER HEIGHTS; 3. HARBOR ROAD - ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 2. BLOCK 7 OF SAID PLAT OF JUPITER HEIGHTS; 4. HARBOR ROAD - ON THE WEST BY THE EAST LINE OF YACHT HARBOR (50'R/W) AND THE NORTHEASTERLY LINE OF LOT 12. BLOCK 6 OF SAID PLAT OF JUPITER HEIGHTS; S. FIFTH STREET (HARBOR ROAD SOUTH) - ON THE SOUTH BY THE NORTH LINE OF LOTS 11 AND 12. l + BLOCK 6 OF SAID PLAT OF JUPITER HEIGHTS; 6. FIFTH STREET (HARBOR ROAD SOUTH) - ON THE WEST BY THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 11. BLOCK 6 OF SAID PLAT OF JUPITER HEIGHTS; i 7. FIFTH STREET (HARBOR ROAD SOUTH) - ON THE NORTH BY THE SOUTH LINE OF LOT 16. BLOCK 5 AND THE SOUTH LINE OF YACHT HARBOR (50'R/W) OF SAID PLAT OF JUPITER HEIGHTS; i • I HEREBY CERTIFY THAT THE LEGAL DESCRIPTION AND SKETCH SHOWN HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61C17 -6. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO j SECTION 4T2.027. FLORf& STATUTES. GLENN W. MAR PLS DA FiJRIDA CERTIFICATE 05304 I I I WITHOUT SIGNATURE AND SEAL s JUPITER HE 1 GHTS f � ~ V .... 2LAM .i V� .� Ln HARBOR ROAD & ��£ �� IL HARBOR ROAD SOUTH 51 a ® ZNGMNRKRING SRVI(E 5 -1 -94 -766 N/A N►os� ���� �•� • 1 s f 7 wM Y Y � P s i 201 21RH -wig Ig- Mrs � N � Ji y fHi11C STRW t iWAT CT-1 IRS .+ pcow STTIiXT tr114�.M tT. } '+ • ►O /Jf a n $ m N�itt�T i pp� soul w N£IGMTS NAB' 6 NAB saasa - +s , 1► 5_.i -.q1 -766 Jl�'ITER ADDENDUM TO LICENSE This Addendum to the license and authorization ( "the License ") by Palm Beach County ( "the County ") to Inlet Court, Jupiter Heights, Dock Owners' Association, Inc., ( "the Association ") is executed by the County and the Association to clarify the Association's repair obligations as to existing docks. Within 45 days of execution of the license and this Addendum by the County, the Association shall complete the repair work on those docks located within the License area as indicated in the November 21, 1994 memorandum attached as Exhibit A to this Addendum. The original November 9, 1994 survey referred to in Exhibit A is on file with the County Engineer. The By -laws, signed, adopted and attached, will become part of the License Agreement and failure to comply with the By -law provisions on use and maintenance of the docks shall be grounds for termination of this license agreement if it is uncured after thirty (30) days written notice from the County to the Association. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereto duly authorized. ATTEST: Inlet Court, Jupiter Heights, Dock C•,ners' Association, Inc. B � �� c ,� � By : � /! Prlesident Dated: (tqOjr �S � ATTEST: • Palm Beach County, Florida, by its Board of County Commissioners By: By: Deputy Clerk Chair Dated: Approved for Form and Legal Sufficienc By: fj f" County Attorne