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AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, BAYVIEW TERRACE
HOMEOWNERS ASSOCIATION AND SHADY LANE HOMEOWNERS ASSOCIATION
REGARDING HOMEOWNERS' ASSOCIATIONS PARK
Village of Tequesta ( "Village "), Bayview Terrace Homeowners Association
( "Bayview Terrace "), and Shady Lane Homeowners Association ( "Shady Lane ") enter
into this Agreement regarding a private park open to the public located within the
neighborhoods of the homeowners associations, as of this day of �(�t; , 2004
(the "Effective Date ").
RECITALS:
WHEREAS, the Village of Tequesta is a municipal corporation located in Palm
Beach County, Florida;
WHEREAS, Bayview Terrace is a homeowners association with certain
responsibilities to manage the common areas of the Bayview Terrace neighborhood
located within the jurisdictional boundaries of the Village;
WHEREAS, Shady Lane is a homeowners association with certain
responsibilities to manage the common areas of the Shady Lane neighborhood located
within the jurisdictional boundaries of the Village;
WHEREAS, there is a private park now open to the public located at Bayview
Terrace and Shady Lane, which serves as a recreational facility to benefit citizens of the
Village of Tequesta and Bayview Terrace and Shady Lane;
WHEREAS, Bayview Terrace and Shady Lane have requested financial
assistance from the Village of Tequesta to improve and upgrade landscaping at the
park;
WHEREAS, the Boards of Directors of Bayview Terrace and Shady Lane have
been authorized to enter into this Agreement and to bind the boards of said associations
in connection with the obligations assumed hereunder;
WHEREAS, Bayview Terrace and Shady Lane acknowledge that the park is a
public park available to the guests and residents of the Village and park access shall not
be denied under any circumstances;
WHEREAS, the Village Council has made a determination that providing
$2,300.00 of financial assistance for purposes of funding the placement of sod at the
park facility, is in the public interest and shall benefit the public; and
WHEREAS, the Village Council has authorized the Village Manager to enter into
this Agreement.
ACCORDINGLY, in consideration of the mutual representations, warranties,
covenants and other terms and conditions contained herein, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. The Village shall donate to Bayview Terrace and Shady Lane a total sum
of $2,300.00, which shall be used solely for purposes of acquiring and planting sod at
the park, and for no other purposes. Bayview Terrace and Shady Lane agree that the
park shall be fully landscaped and sodded in accordance with Village standards and
shall assume all responsibilities to ensure that this work is performed in a timely and
acceptable manner and that all expenses regarding said work are duly paid in a timely
manner.
2. Apart from the donation of $2,300.00, the Village assumes no other
obligations in connection with this project.
3. As an expressed condition of this Agreement, the Boards of Directors of
Bayview Terrace and Shady Lane agree that access to the park shall be freely granted
to residents and guests of residents of the Village of Tequesta and that in the event
such access is ever denied, Bayview Terrace and Shady Lane shall be jointly and
severally obligated to repay the $2,300.00 granted hereunder.
4. Bayview Terrace and Shady Lane agree to publicize to their respective
memberships the obligation to ensure that residents and guests of the residents of the
Village of Tequesta are entitled to full access to the park and that such access should
not be denied by anyone.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
BA YV W T RR H MEOWNERS ASSOCIATION
B �� — �
y
Its:
SHADY LANE HOMEOWN ASSOCIATION
By:
Its: J ssvc.
VILLAGE OF TEQUESTA
By. "... _._r....__�
Michael Cou zo
Its: Village Manager
NASGH \13153- 11Agreements\Shady lane - Bayview Re Park.doc
Vendor: 2627 MEYER'S TURF INC O 69 J
Invoice # Invoice Date Description Distribution Amount
10082004 10/08/2004 COUNCIL APPROVED DONATION Gross: 2,300.00
Check Amt Total: 2,300.00
VILLAGE OF TEQUESTA • P.O. BOX 3273 • TEQUESTA, FL 33469 -0273
Check Date: 10/27/2004 Check #: 65599 —
r BANK OF AMERICA 63
c}� TEQUESTA. FL 630
VILLAGE OF TEQUESTA 0
GENERAL CORPORATION ACCT. Check Date: 10/27/2004
P.O. BOX 3273 Check #: 65599
s TEQUESTA, FL 33469 -0273
AMOUNT
TWO THOUSAND THREE HUNDRED DOLLARS AND 00 CENTS * * * * * * * * * * * * * * * * * * * * * * * * * **
PAY
MEYER'S TURF INC
0THE 7920 MILITARY TRAIL
RDER RIVIERA BEACH FL 33410
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OF