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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_07/14/2005 � �qMplVril„1 MAY 0 3 ZQ� vill��e IYiQr's Off BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION SHADY LANE HUMEOWNERS' ASSOCIATION TEQUESTA, FL Mr. Micheal Couzzo Apri126, 2005 Village of Tequesta Village Manager 375 Tequesta Drive Tequesta, FL 33469 REF: Agreements/ Bayview Terrace-Shady Lane Re. Park Deaz Mr. Couzzo, As per our conversation, please execute an agreement which will revoke the present agreement of October 6, 2004, signed between Bayview Terrace and Shady Lane regarding the common area/park. We will refund the $2,300.00 and sign the new agreement so that we may once again make this common area/park a private area between the two communities of Shady Lane and Bayview Terrrace. Thank you very much for your consideration, Sincerely, .�.�-�' �� � --��-,��� , `" � � �G��L CvC:�'�'�. Robin Neandross, President Bayview Terrace Homeowners' Association Lise Gibson, Vice President Lori Book, Treasurer Renata. Veau, Secretary TERMINATION AGREEMENT BETWEEN THE VILI.AGE OF TEQUESTA, BAYVIEW TERRACE HOME�WNERS ASSOCIATION AND SHADY LANE HOMEQWNERS ASSOCfATION REGARDING H4MEOWNERS' ASSOCtATtONS PARK This Termination Agreement is made and entered into this day of June, 2005, by and between the VILIAGE OF TEQUESTA ("Village"), a municipaf corporation located in Palm Beach County, Fforida, BAYVIEW TERRACE HOMEOWNERS ASSOCtAT10N ("Bayview Terrace"), a homeowners association with certain responsibiiities to manage the common areas of the Bayview Terrace neighborhood located within the jurisdictional boundaries of the Village, and SHADY LANE HOMEOWNERS ASSOCIATION ("Shady Lane"), a homeowners association with certain responsibilities to manage the common areas of the Shady Lane neighborhood (ocated within the jurisdictional boundaries of the Village. REC{TALS: WHEREAS, the parties entered into a certain Agreement attached hereto and dated on or about October 9, 2004, (the "Agreement"), regarding landscaping improvements at a recreation area located within the neighborhoods of the homeowners associations of Bayview Terrace and Shady Lane; and WHEREAS, the parties desire to terminate the Agreement as hereinafter provided. ACC�RDtNGLY, in consideration of the mutual representations, warranties, covenants and other terms and conditi4ns contained herein, and other good and valuable consideration, the sufficiency ofi which is hereby acknowledged, the parties � agree as follows: 1. Bayview Terrace and Shady Lane shall refund the total sum of $2,300.00 to the Viilage of Tequesta that was donated to the homeowners associations for the sole purposes of acquiring and planting sod at the reereation area. 2. The Agreement referenced above and all of the responsibilities of the parties pursuant to the Agreement shall be terminated on or before , 2005. The effective date of termination shall be the date upon which the tota! refund is received by the Village of Tequesta, but in no event later than , 2005. 3. Apart from the refund referenced above, the parties assume no other obligations in connection with this Termination Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement as of the date and year first above written. BAYVIEW TERRACE HOMEOWNERS ASSOCIATION By: its: SHADY LANE HOMEOWNERS ASSOCIATION By: its: VILLAGE OF TEQUESTA By: Michael Couzzo Its: Villaqe Manaqer N:\SGH113153-11AgreementslShady Lane - Bayview Re Pa�lc termination.doc l y � C-C_', �'�'.�J � 1,�� jo�s -� ,�.. l . �., �=a -����' ��I `'/� FOSTER . . � . . . � c,�- lo�rs � - . : � �� : L7l V 1 VLLV Pl 1 �: , �.: �;;.: <' �rt i...,, . : i±, i ttis�tt�si 3. -10?-34�5 , 3 , _ , __.__ � � --- ---______-,_ �_..____ _.. ... , _..-, Attorneys and Counsefars ' � -�.:� �` ���� �� . _� �� � �i :. �' y , �� s'w�w�! �9 � ; = a ��: s �, r �6�� +; � x � ;,�;� j � t . ... , c : ., Scott G. Hawkins, Esquire � 4 r _ -- --°- Direct Dial: 561-650-0460 Direct Fax: 561-650-0436 E-Mail: shawkins@jones-foster.com January 11, 2005 Michaei R. Couzzo, Jr. Village Manager � Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Dear Mike: This letter is a follow-up to our telephone conversation of Tuesday, January 11, 2005. As I mentioned to you, I have been engaged in a conversation with attorney Geoffrey L. Jones relative to his representation of Mr. Lawrence Wright and Mr. Wright's concerns regarding the agreement between the Village and the Bayview Terrace and Shady Lane Homeowners' Associations. In this regard, I provide you with a copy of prior correspondence from Mr. Jones involving the Agreement entered into in October 2004 between the Viliage of Teauesta and Bayview Terrace and Shadv Lane Homeewner�' Associations. As discussed and as indicated in the letter from Mr. Jones, Mr. Wright is concerned that the aforementioned Agreement will result in the Bayview Terrance and Shady Lane "Recreation Area" being treated as a"public park." It is Mr. Wright's position that this was never the intent when the Recreation Area was dedicated by the developer. Accord'+ng to Mr. Wright, the Recreation Area was dedicated for the use of the private association members to remain as a private park. Please review Mr. Jones' correspondence and contact me regarding this issue. I would fike to consider with you how best to respond to Mr. Jones. www.jones foster.com 1�.4� �� Mr. Michael R. Couzzo, Jr. January 11, 2005 : Page 2 Please note that subsequent to our telephone conversation, I spoke with Geoff and assured him that it was never the intent of the Village to create a public part that would be widely attended. However, the Village was concerned that if it gave funds to the Homeowners' Associations to beautify this private Recreation Area, it could only do so if assurances were given that the public would not be denied access. Further, I noted to Mr. Jones that there is no funding mechanism in Tequesta for providing to beautify a private area and that this was a unique and special circumstance given the request of the Homeowners' Association. I look forward to discussing this with you at your convenience. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ,--,- By � � cott G. awkins, Esq. SGH/Ism Enclosure N:\SGH113153-1 \IMcouuo-027-sgh-01-11-05.DOC JECK, �I��RRIS & JoNES, LLP Atxorneys and Counselors at La.w Wriier'sDirettLine: �561�74b-1344 Ext. 308 Writer's E-M�ii Address: GJONES@JHJLLP.COM Website: WWW.JHJLLP.COM December 8, 2004 Scott G. Hawkins, Esq. Jones, Foster, Johnston & Stubbs, P.A.. P.O. Box 3475 West Paim Beach, FL 33402-3475 - RE: Viliaqe of Tequesta ("Villa_ e'�/Agreement between Villaqe and Bayview Terrace and Shadv Lane Homeowners' Associations Dear Mr. Hawkins: I write to you in your capacity as attorney for the Village. My firm represents Lawrence Wright. Mr. Wright is a resident of the Village. Mr. Wright's home is adjacent to the "Recreation Area" that is the subject of the above-referenced agreement entered into in October 2004 between the Village and two homeowners' associations (the "Agreement"). On behalf of Mr. Wright, both in his capacity as a Village resident and as a property owner whose home is adjacent to the property that is the subject of the Agreement, there are certain matters referenced in the Agreement that require further scrutiny by the Village. Initially, the Agreement refers to the Recreation Area (as that term is used in the plat by which the area was dedicated to the two homeowners' associations), as "a private park now open to the public ... which serves as a recreational facility to benefit citizens of the Village of Tequesta and Bayview Terrace and Shady Lane" (Agreement, 4�' "Whereas" Clause) and "is a public park available to the guests and residents of the Village" (Agreement, 7 "Whereas" Clause). In addition, the two homeowners associations represented that "access to the park shall be freely granted to residents and guests of the Village". Agreement, Paragraph 3. (I am uncertain in what capacity "Shady Lane Homeawners Association" signed the Agreement since we understand that association was involuntarily dissolved in 1986.) The Recreation Area is a small piece of property that averages approximately 30 feet in width. It is located between two residential properties, one of which is owned by Mr. Wright. At a minimum, the Recreation Area was contemplated by the plat dedication for the use of the private association members to remain a private park. The Village and the associations, by operation of the Agreement, have attempted to change this small private area to a de facto public park, with all of the use, noise, and foot and vehicular traffic associated with a public park. The de facto pubtic park is not maintained by the Village, patrolled by Village law enforcement or life guards, and does not have other amenities associated with a public park. This expansion of the area's use by the two associations was without any notice to adjoining landowners, whose property values may diminish as public use increases, without any public hearing concerning the change in use, and without any regulatory or proceduraf review or oversight that would accompany such a significant change in the use to which the property is being put. At a SUITE 400, 106I EAST INDIANTOWN ROAD, JUPITER, FLORIDA 334 7 7-5 1 43 (561� ,?46-1002 FAX: �561) 74?-41 13 �772) 283-5004 (MARTIN COUf�TY) JECK, HA][�RIS & JONES, LLP Scott G. Hawkins, Esq. December 8, 2004 Page 2 of 2 minimum, the Village zoning code wouid not ailow such use except by special exception. This assumes the area is actually owned and maintained by the ViHage, which is not the case. The use of the area as a de facto public park in a residentiai district, without any of the protections and law enforcement that a public park provides; is not addressed as either a permitted use or special exception in the zoning code. Furthermore, the Recreation Area was initially established by a grant of easement by the developer that stated that the underlying land °shall be a[sic] designated as a recreational a�ea for the mutual use and benefit of the members" of the two associations. Grant of Easement, O.R. Baok 4273, Page 0303. The Recreation Area itself is requirrod, by the plat by which it was dedicated to °THE BAYVIEW TERRACE PROPERTY OWNERS' ASSOCIATION, INC. AND THE SHADY LANE PROPERTY OWNERS' ASSOCIATION, INC.", to be "THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATIONS" (capitals in the original). tn light of that obligation, we are uncertain what role the Village has assumed by entering into an Agreement establishing "a public park". In addition, the Recreation Area is a common property of the Bayview Terrace Property Owners' Association. The ability to transfer any access and use rights belonging to the members of that association are limited by the association's governing documents. Specifically, those governing documents provide that any transfer of such access and use rights shall be ineffective unless an instrument signed by two thirds of the voting members has been recorded. Accordingly, we understand that a prerequisite to the Agreement did not occur: Even assuming the requisite numbers of inembers are willing to de-value their own properties by conveying what had been a private amenity into an amenity shared with the general public, the other reasons cited above argue against an expansion of the use of this area designated and always treated as a private residential recreation area. Thus, I request that the Village revisit the Agreement and confirm that an expansion of the use af this Recreation Area to public use would be improper and no entitlement or right to public use can or should be conveyed. I request that the Village consider all of the affected parties and adjoining property owners. Mr. Wright is unwilling to accept the supposed actions and intended use which will impact negatively both his and surrounding landowners' properties. Thank you for your consideration of the foregoing. Should you require any cfarification concerning Mr. Wright's position and commitment to this issue, please contact me. Very truly yours, Geoffrey L. Jones GLJ/bmd cc: lawrence Wright AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA, BAYVIEW TERRACE HOMEOWNERS ASSOC1ATiON AND SHADY LANE HOMEOWNERS ASS�CIATION REGARDING HOMEOWNERS' ASSOCIATIONS PARK Village of Tequesta ("Viliage"), Bay�iew 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 �� �1.), 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 responsibifities to manage the common areas of the Bayview Terrace neighborhood located within the jurisdictiona{ boundaries of the Village; WHEREAS, Shady Lane is a homeowners association with certain responsibilities to manage the common areas of the Shady Lane neighborhood {ocated 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 citixens. 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 Councii has made a determination that providing $2,300.00 of financial assistance for purposes of funding the placement of sod at the park faci(ity, 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 goad 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 fulfy 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 Viilage 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 several(y 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 residenfs and guests of the residents of the Village of Tequesta are entitled to fufl 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. BAY1/IEW T RRACE H MEOWNERS ASSOCIATION .., ; � P � r � By . � , !�`�°,�tl�. �.C.�-�-�L�'�✓��'�'`��..___ 1��'� � j;vb;:� _����,c�rc,��:�� llwM� �,,,n, Me �tS: `� .L'.,`� i r;�.Q,�i ;� i a; t.LL,' � E-(�i l�f' ..�.�„ �,�'� f� �S�(Ll�e.�-�a�(.1� :� �� �` J ��.�� �� � /� � _��...._.�.__� �_---- = SHADY I.ANE HOME�WN ASSOCIATION By: ' '� ��i i'� k �l� Its: � � �''.,.�5 !F� : �� � o ,� d �� ti ' � r � f (,. �. : . VILLAGE OF TEQUESTA By: K ,.�-- �.� ._. w..,,,` Michael Cou zo ; Its: Villaqe Manaaer N:\SGH113153-1\PtiqreementslShady Lane - Bayview Re Park.doc Vendor: 2627 MEYER'S TURF WC y �---�-----� Invoice # Invoice Date O���J J 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 ChPck ��tP: 10/27/2004 Cherk #: 65599 — . ;� 6ANK OF AMERICA , � `. �;., VlLLAGE OFTEQUESTA TE°uEST" F� 0� 5 5 9 9� �, GENERAL CORPORA'f10N ACCT. 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