HomeMy WebLinkAboutDocumentation_Regular_Tab 5BD_09/09/1999 1_ . �
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MEMORANDUM
To: Thomas G. Bradford, Village Ma.nager
From: Scott D. Ladd, Director of mmunity Development ��
Kara L. Irwin, Planner �,�/�/�
Date: September 2, 1999
Subject: Consideration of the Tequesta Village Center Developer's Agreement
At the August 12, 1999 Village Council meeting, the Village Council required, as a condition of
their Site Plan Approval, a Developer's Agreement for the Tequesta Village Center Master Plan.
As required by Chapter 13, Planning and Development, Article VI, Development Agreements,
two public hearings must be held to consider the proposed Developer's Agreement before the
Village enters into such agreement.
Staff recommends the following:
L The day, time, and place at vahich the second public hearing is to be held is
announced.
2. The two parties agree by mutual consent to extend the Developer's Agreement the -
duration of the proposed Development.
Tom, attached are nineteen (19) sets of packets, including an original, for the above referenced
subject. A Public Hearing Notice was published in the Palm Beach Post on Friday, September 3,
1999 and Notification of all property owners within three hundred (300) feet was also mailed on
Friday, September 3, 1999. Please place this item on the September 9, 1999, Council agenda.
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NOTICE OF PUBLIC HEARING
VII.LAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village of Tequesta., Florida, will
hold a Pub�ic Hearing d�ring the Village Council meeting Thursday, September 9, 1999,
beginning at 7:00 P.M., in the Village Ha.11 Council Chambers, 357 Tequesta Drive, Tequesta,
Florida, to consider:
A Developer's Agreement between JMZ Tequesta Properties Inc. and the Village
of Tequesta. for a Master 5ite Plan for the Tequesta Village Center, a Mixed-Use
Development ta include residential, commercial and public uses on a 4.83-acre
site. The Master Site Plan allows for an 116,953 Square Foot Planned Mixed
Use Development (PMUD), on the property at 19Q-222 Tequesta Drive,
(Tequesta PlaTa) within the M-U, Mixed Use Zoning District of the Village of
Tec}uesta, as required by Ghapter 13, Article VI, Development Agreements, of
the Village of Tequesta Code of Ordinances, as amended.
The proposed Developer's Agreement and R.esolution to approve the agreement may be
inspected by the public at the Office of the Village Clerk between the hours of 8:30 a.m.
to 5:00 p.m., Monda.y through Friday, at 250 Tequesta Dri�e, Suite 3Q0, Tequesta,
Florida 33469. Interested parties may appear at the Meeting/Hearing to be heard with
respect to the proposed matter.
At such time and place, the Village Council will hear all evidence in support of or in opposition
to this matter. You are advised that if any person decides to appeal any decision made by the
Village Council with respect to any matter considered at the Public Hearing, he/she �vill need a
record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence- upon which
the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY.
Village of Tequ�sta
For the Village Council
Ron T. Mackail, Mayor
Kara L. I n
Planner
Posted: September l, 1999
Publish: September 3, 1999
§ 13.1•81 PLANNING AND DEVELOPMENT � 13.1-91
fc) Violations of this article punishable by civil fine pursuant
to Chapter 163, Florida Statutes, shall be referred to the code
enforcement bc,ard. �
(d) All monies cQllected pursuant to this article shall be depos-
ited in the general fund of the village. �
(e) Repeat violations of this section may be cause for water
service disconnection by the village.
(Ord. No. 436, § 6, 6-18-92)
State law reference—Penalties, F.S. Chapter 163.
Secs. 13.1-82-13.1-90. �eserved.
ARTICLE VI. DEVELOPMENT AGREEMENTS
Sec. 13.1-91. Public hearings.
(1) [Requirement.] The village may require as a condition of
� approval of any developme�t considered by the village council
that a development agreement be prepared and executed by the
applicant for the development. Before entering into, amending, or
revoking any developmEnt agreement for a development as de-
�fined in the Comprehensive Plan of the Village of Tequesta, the
village shall conduct two (2) public hearings.
(2) [Notice of intent.] .
(1) Notice of intent to consider a development agreement shall
be advertised seven (7} days before each public hearing in
a newspaper of general circulation and be mailed before
the first public hearing to all affected property owners that
reside within the village within three hundred (300) feet of
the property subject to the application. The day, time, and
place at which �he second public hearing will be held shall
be announced at the first public hearing. All advertising
costs as provided herein shall be borne by the applicant.
(b) The notice shall specify the location of the land subject to
�the development agreement, the developrnent uses pro-
posed on the property, the proposed population densities,
, Supp. No. 24 S13 '
§ 13.1-91 TEQUESTA CODE § 13.1-92
and the proposed building intensities and shall specify a
. place where a copy of the proposed agreement can be ob-
tained.
(Ord. No. 425, § 1, 9-4-92; Ord. No. 472, § 1, 6-9-94)
Sec. 13.1-92. R,equirements.
(1) A development agreement submitted to the village for con-
sideration,shall include the following.
� (a) A legal description of the land subject to th� development
agreement and the names of its legal and equitable owners.
(b) The duration of the development agreement.
(c) The development uses permitted on the land, including
population densities, building intensities and height.
(d) A description o€ public facilities that will service the de-
velopment, including who will provide such facilities, the
date any new facilities, if needed, will be constructed, and
a schedul� to assure that public faeilities are a�silable con-
current with the impacts of development.
(e) A description of an� reserva�ion or dedication of land for
public purposes on the property subject to the development
agreement.
(� t� description of a�l approved development permits or per-
mits which need to be approved for the developr�cient of the
lands.
(g) A�ndi.ng that the deve2opn�ent permitted or proposed is
consistent with the Compr-e�enstve Plan and Land Devel-
opment Regulations of the Vi�lage of Tequesta.
(h) A description of any candit�ons, terms, restrictions or other
requirernents deterr�ined ta be necessary by the village for
" the public health, safety or, welfare of its citizens.
(i) A statement indicating that the failure of the development
agreement to address a particular per�t, can�itib�, te��
or restriction shali not relieve the developer of th� neces-
sity of complying with any law governing said permitting
requirements, conditions, terms or restrictions.
Supp. No. 24 814 �
§ 13.1-92 PLANNING AND DEVELOPMENT § 13.1-92
(2) The village may require that a development agreement pro-
vide that the entire development or any phase thereof be com-
menced or completed within a specified period of time.
(3) Consideration of a development agreement by the village
shall not in any way be considered as consideration of an appli-
- -- - �, . ,
§ 13.1-92 PLANNING AND DEVELOPMENT � 13.1-95
� cation to amend the comprehensive plan of the village. (Ord. No.
425, § 2, 9-4-92)
Sec. 13.1•93. Duration.
The duration of a development agreement shall not exceed five
(5) years, and may be extended by the mutual consent of the
parties subject to the public hearing requirements a.s set forth in
section 13.1•91. (Ord. No. 425, § 3, 9-4-92)
Sec. 13.1-94. Consistency and periodic review.
(1) A development agreement and authorized development shall
be consistent with the Comprehensive Plan and Land Develop-
ment Regulations of the Village of Tequesta.
(2) The village shall review the Iand subject to the develop-
ment agreement at least once every twelve (12) months to deter-
mine whether there has been good faith compliance with the terms
of the development agreement. If the village finds on the basis of
substantial competent evidence there has been a failure to comply
with the terms of the development agreement, the agreement
may be revoked or modified by the village pursuant to a public
hearing as set forth in Section 13.1-91. (Ord. No. 425, § 4, 9-4-92)
Sec. 13.1-95. Law governing.
(1) The development of the land shall be governed by the Vi1-
lage of Tequesta Code of Ordinances in existence at the time of
the execution of the development agreement and a11 applicable
state and federal laws.
(2) The village may apply subsequently adopted laws and pol-
icies to a development that is subject to a development agreement
if the village has held a public hearing and determined:
(a) The subsequent laws or policies are not in conflict with the
laws and policies in existence at the time of execution of
the development agreement and do not prevent develop-
ment of the land uses, intensi�ties or densities in the devel-
opment agreement; or
§ 13.1-95 TEQUESTA CODE § 13.1-98
fb) The subs�quent laws or polieies are essential to the public
health, safety or we�€are a�d �xgressly st$te �hat thex shall
appiy to the development that is subject to development
agreemen�, or
(c) The subsequent laws or polieres are specifically antieipated
and provided for in the aevelopment agreement; or
� (d) The village demonstrates that substantial changes have
occurr�d in perti.nent conditions existing at the time of
approval of the development agreement; or
(e) The development agreement is based on substantiall� in-
accurate information sugplied by the c�eveloper. (Ord. No.
425, § 5, 9-4 92)
Sec. 13.1-96. Amendment ar cancellation.
Th�e development agreement may be amended or cancelled by
the mutual consent of the parties to the development agreement
or by their successors or assigns. (Ord.-No. 425, § 6, 9-4-92)
Se�. 13.1-97. Recording of a development agreement.
Within fourteen (14} days after the village enters into a devel-
opment agreement, �he village shall record the. agreernent with
. the Clerk of the Circuit Court in Palm Beach County, Florida. A
copy of the recorded development ag�eement shall be submitted
to the state Iar�d g�anning agenc� within fourteen (14) days after
the agree�nen� is recorded. The pro�sions of the development
agree�nent shall be binding upon and t�e henefits of the agree-
ment sha� inure to all suecessc�rs in interests to t�e parties to the
agreement. (Ord. No. 42�, § ?, 9•4-92)
Sec. I3.1-98. Modificatiaa ar revocation.
If state or federal Iaws are enacted after the execution of a
development agreement whieh a�e app�icabl� to prec�ude the par-
ti�s' compli€�ee with the terms of the development-�agreement,
such agreeme�t shall be mudif'ied or revol�ed as is necessary �o �
co�ply with the relevant st,ate or federal Iav�s. (4rd. No. 425, § 8,
9-4-92)
[The next page is 827J
EXHIBIT "A"
DEVELOPERS AGREEMENT
This Developer's Agreement is entered into as of this day of ,
1999 by and between the VII.,LAGE OF TEQUESTA, FLORIDA, hereinafter referred to
as "Village" and JMZ TEQiJESTA PROPERTIES INC., a Florida Corporation,
hereinafter referred to as "JMZ."
WHEREAS, 1MZ has previously acquired property known as Tequesta. Plaza
located along the south side of Tequesta Drive west of U. S. Highway One and east of Old
Dixie Highway in Tequesta, Florida (currently known as 190-222 Tequesta Drive), and
WHEREAS, the Village has purchased a portion of the property from JMZ to
include the southwest parcel of property totaling 52,778 SQ. FT. and the Roadway Parcel
that consists of approximately 0.6463 acres, and
WHEREAS, JMZ has requested the Village approve a master site plan for the
area and approve construction of a 25,241 Square Foot mixed-use building more
particularly set forth on the plans heretofore submitted to the Village, and
WHEREAS, the Village desires that, as a precondition to issuance of the building
permit, that this agreement be entered into, in Qrder to provide assurance to the Village
that all requirements of the law shall be satisfied;
NOW, THEREFQRE in consideration of the premises and covenant contained
herein and for other good and valuable consideration, the receipt of which is hereby
acknowledged by each party to the other, and for other good and valuable consideration,
the parties agree as follows:
l. Legal Description- The legal description for all parcels included under this
Developer's Agreement has been attached and heretofore referred to as
`BXHIBIT B".
2. Unity of Control- `Unity of Contral' Dacument to be provided by the property
owners/applicants in a form acceptable to the Village attorney. This document
will be in lieu of the required `Unity of Title'.
3. Plat- On or before the issuance of any Certificate of Occupancy by the Village,
the applicants shall have provided the Village with a recorded Plat.
4. Utilities On or before a issuance of a Certificate of Occupancy relating to the
improvements, the owners sha11 cause the utility improvements required by the
Village to be completed in accordance with plans heretofore submitted to the
Village and for conveyance of such systems as are required to be conveyed by bill
of sale to the Village.
5. Vehicles- No parking of large trucks, tractor trailers, 18-wheelers, or recreation
vehicles shall be allowed on the property for any reason other than commercial
vehicles, vans, or trucks delivering goods or services temporarily during daylight
hours.
6. Compliance with Conditions of Special Exception and Site Plan approval-
1. The development of the remaining parcels is limited to the following uses:
a. PERMITTED USES:
1) Residential
2) Small-scale retail sales and service
� EXHIBIT "A"
3) Off'ice (Business/Professional Services)
4) Personal Services
b. SPECIAL EXCEPTION USES:(Must apgly to Council for approval)
1) Large-scale retail sales and services (In excess of three thousand
five hundred (3,504) square feet gross leasable area allowed for
each tenant area or individually owned unit)
2) Large-scale BusinesslProfessional services (In excess of three
thousand five hundred (3,500) square feet gross leasable area
allowed for each tenant area or individually owned unit)
3) Large-scale Personal services (In excess of three thousand five
�undred (3,500) squaxe feet gross leasable area allowed for each
tenant area or individually owned unit)
4) Restaurants (including carry-out)
5) Public Buildings and facilities
6) Civic/CulturaUPublic
7) Bed and Breakfast
8) Private Schools
9) Private Clubs
10) Hotels
2. The architectural style for all parcels and buildings of the master Plan shall be
in keeping with the architectural style of building "A', located on Parcel 3.
Architectural style includes but is not limited to; roofing material, building
colors, window and door treatments, architectural detailing, and accessory
appurtenances
3. The developer sha11 provide for a uniform sign format for the Master Plan area
in keeping with the approved architectural theme.
4. The developer shall maintain Parcel 2 as a parking area during the
construction of Parcel 3, until such time as Parcel 2, identified as Building
"D", is constructed.
5. There shall be no parking in the On-Street parking spaces provided within the
Village right-of-way by tenants and/or their employees.
6. The newspaper vending machines, post office boxes, FED EX boxe�
must be designed in keeping with the theme of the master site plan.
?. All Retail Sales and Services, Business Services, Professional Services, and
Personal Services in excess of 3,500 Square Feet must apply for a�pecial
Exception.
8. Restaurants must apply for a special exception use.
9. There shall be no outside sale events, except for special outdoor events agreed
upon by and provided by th � of the Tequesta Village Center.
10. The Viliage Council must approve any amendments to the Developer
Agreement, which have been placed upon the property by the Village Council.
11. During construction of Building "A" of the Master Site Plan, the developer
must provide access for customers and business owners to the current Tequesta
Plaza until such time as it is demolished.
12. Temporary signage will be allowed during construction in the master plan
area for the tenants of Tequesta Plaza, prior to the demolition of said building.
�.,,.,��,,_�,� ��� �i ��'c: � j � .
� EXHIBIT "A"
13. All easements, including, but not limited to, shared ingress/egress between the
parcels, future utility services, sanitary sewer pipes, emergency sewer lines,
storm drainage pipes, sprinkler pipes, telephone lines, cable television wires,
street lights, etc. must be declaxed on the recorded plat of the Tequesta Village
Center.
14. In the event that the property owner fails to provide proper maintenance to the
common areas, the Village reserves the right to maintain the appearance of the
property and assess the property owner for the cost of the maintenance.
15. The Plat must delineate all common areas and set forth declarations assigning
responsibility, including but not limited to cost sharing, of maintenance of said
common areas (e.g. exfiltration trenches).
16. No vehicle shall be used and/or placed within a parking space provided within
the Village's right-of-way, for the purpose of advertising a bus' s�nd�or ��
profession. Business owner and/or tenant vehicles that are identified as such, �� j� ,��� ��
such as SLJV's, vans, and small delivery vehicles shall be parked at the farthest �� C �,��
parking spaces along the east and west side of the Master Pla.n areas. ci
17. This `Developers Agreement' must be in a recordable form acceptable to the
Village attorney.
18. The parties shall agree that this Agreement shall be recorded in the Public
Records of Palm Beach County, Florida before the issuance of the first
Certificate of Occupancy.
7. Miscellaneous Provisions .
A. Compliance with Legal Requirements. The Village has reviewed the
construction of the proposed facility and believes the same to be consistent
with its comprehensive plan and land development regulations.
Furthermore, the Village does not believe that the same will cause any
detriment to the Village or to its citizens' public health, safety or welfare.
The parties agree and acknowledge that the failure to address in this
Agreement any particular condition, term or restriction shall not relieve
JMZ of the necessity of complying with any law governing said required
condition, term or restriction.
B. Recordation of Agreement. The parties agree that this agreement shall be
recorded in the Public Records of Palm Beach County, Florida within
fourteen (14} da.ys of execution by all parties.
C. Enforcement. Either party may file an action for specific performance
and/or injunctive relief in the Circuit Court in and for Palm Beach County,
Florida, in order to enforce the terms of this Agreement. Neither party
shall be required to show irreparable harm in order to enforce the terms of
this Agreement through injunctive relie£
D. Binding Effect. This Agreement shall be binding on the successors in
interest to JMZ and the Village.
E. Litigation. In the event of any litigation arising hereunder, jurisdiction and
venue shall be in Palm Beach County, Florida, and the prevailing party
� EXHIBIT "A"
shall be entitled to recover reasonable attorney's fees and costs, including
those fees and costs in appellate proceedings.
F. Effective Date. The effective date of this Agreement shall be the last date
on which the parties execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
Witnesses: VII.LAGE 4F TEQUESTA, FLORIDA:
By:
Print Name: Name:
Title:
Print Name: (SEAL)
Attest:
Name:
Title:
JMZ Tequesta Properties Inc.
Print Name:
B
Name:
Print Name: Title:
(SEAL)
STATE OF FLORIDA
� �>����- �
COUNTY OF PALM BEACH � � � `p
/
The foregoing instrument was acknowledged before. me this day of
, 1999, by , as; Mayor.�if the VII,LAGE
OF TEQiJESTA, FLORIDA. Said person (check one) ❑ is personally known to me, ❑
produced a driver's license (issued by a state of the United States within the last five (5)
years) as identification, orp produced other identification, to wit:
Print Name:
Notary Public, State of Florida
� EXHISIT "A"
Commission No.:
My Cammission Expires:
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. EXHIBIT 'B "'
LLG/�L DLSCRIP'f10N -
f'AItCCL Nn. t -
LYiNC; IN SECTfON 3U,
TUWNSI-�lP 40 S4UTli, RANGE 43 CAST
A PARCL•f. OF LAND L�'tNG IN SCCT[ON 30,'('OWNSE[lP 40 SOUTIt, RANGE43
E:f�S�', PALM t3CACH COUNl�Y, Fl_ORtI)A, t3E[NG MORC PARTICULARLY
DESCRlE3CD AS FOLLOWS:
CUM�:IENCIN�; A�' 'CI�iL• PUINZ' Oh [NZ'EILSGC'fIUN Qr TEIE CENTE2LINE UE�
STATE ROAD NO. 5(US HICiFiWAY NO. 1) W1TH T[-i� SOUTH LINE OF
SEC'i'lON 30, TUWNS��IP 40 SOUZ'H, RANGE 43 EAST; TNENCE NORTH
03°54'SS" EAST (BASIS OF BEAR[NGS), ALONG T[�E SA1D CENTERE.INE, A
UtS'['ANCE OE' G9S.55 rEE TSJ n[�o[N ON THE EASTERLY EXTENStON OF
TNE NORTNRtGHT-OF-WAY L[NE OF aR[DGE ROAD (PEEt DEED BOOK t IGG,
PAGE SS2 OF l'E{E PU[3LIC RFCOEtDS UC PALM B�ACH COUNTY, FLOR[DA);
Z'HENGE SOUTH 89°46'SS" WEST, ALONG S�tD EASTEEZI.Y EXTENSiON AND �
SA[U NORTH [ZIGHT-OF-WAY (_[NE, A DISTANCE OF 673.37 FEET TO THE �
- POlNT' OF BEGINNINC; THENCE CO[�fTENUE SOU`TH 89°46'S5" WEST. ALONG
SA1D NOKTN RIGHT-OF-VVAY L1NE, A D[STANCE OF 2U3.21 fEET; THENCE
NORTH 00°13'OS" WEST, A DiSTANCE OE 224.57 FEET; T'HENCE NORTH
89°46'S5" EJ1ST, A DISTANCE O� 263_52 FEET; THENCE SOUTEi 18°43'I3" WEST.
A DISTANGE OE 87.10 FEET TO THE BEG[NN[NG OF A CURVE, BC[NG
CONCAVE'CO THE EAST AND HAVI[�!G A RADIUS OF !30 FEET; TH�NCE
. SOUTHER[.Y ALONG THE ARC OF SA1D CURYE THROUGEi A CENTRAL
ANGL� OF l8°56'!8 ['OR Al�i AEZC LENGTH OE 42.97 FEET; fHENCE SOUTH
- 0° l3'OS" EAST, A DISTANCE OF 74.99 FEET; THENCE SOUT� 44°4G'S5" WEST, A
D[STANCE OF i5.36 FEET' TO THE F�O[NT OF BEGiNN1NG.
SA(D PARCEL CONTA[NS 1.211G ACRES MORE OR LESS, . �
::. ;__ _
-... . . .
. -•Y : ��5.:::..: �
.�1U1Ct7
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�:l!�INIT�(;(�1,\��i �'� l)llttttANC:I�. C:c�n«�lcin�; l•:n6inrc�c, 1���. .
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OR8 1 1 fa90����P_g 5�9
� r iHY K. wILKfl�f, G7.ERK PB COINtY, FL
• _ . EXHIBIT ��B'�
LEGAL DESCRIPTION �
` PARCCL NO. 2
. LY(NG IN SECTION 30, .
- TOWNSHIP 40 SOUTH, RANGE 43 EAST
A PARCEL �F [.AND LY[NG lN SECT[ON 30� TOWNSHEP 40 SOUTH, RANGE 43
- ! EAST, PAE.M BEACH COUNTY, FLUE�iDA. BEING MORE PARTICULARLY
r
� DESCRIBED AS FOLLOWS: �
COIVtMENC1NG AT' THE POIN.T QE [NTERSECT[ON OF THE CENTCRLINE OF
� STATE ROAD NO. 5(US H[GHWAY NO. I) WCl'H THE SOUTH GiNE O�
; ' SECf[ON 30� TOWNSHIP 40 SOUTH, RANGE 43 EAS'f; TE�NCE NORTN
03°54'S5" EAST (BASIS OF BEARiNGS). ALONG THE SAID CENTERLINE� A
� D[STANCE OF 695.55 FEET TO A POtNT ON THE EASTERLY EXTENSION OF
� T'HE NORTH RiGHT-OF-WAY: L�NE,OF BRIDGE ROAD (PGR DEBD BOOK 1 I66,
PAGE S52 OF THE PUBLLC RECORDS OF PALM BEACH COUNTY, FLOFL1DAj;
THENCE SOUT'H 89°46'SS" WEST', ALONG SAID EASTE[tLY EXTEN�ION AND
SAID N�RTE# �RIGHT-bF-WAY LINE, A DISTANCE OF 876.58 FEET; THENCE
NORTFI 00° I3`O5" WEST, A DISTANCE OF 224.57 FEET TO THE POENT OF
•- BEG[NN1NG; THENCE CONTINUE NOEtTH 00°l3'OS" WEST, A D1STAIVCE OF .
' 96.49 FEET Td A POINT ON THE SOUTHERLY R1GEiT-.OF-WAY LINF `O�
- � TEQUEST'A DRiVE (PER OFFICIAL RECORD BOOK 6b25, PAGE 302 O� 'I`HE
PUBLIC� RECORDS OF PALM BEACH COUNTY, FLORIDA); Tf�tVCE ALOiVG �
5A1D SOUTHERLY RIGHT-OF.-WAY LINE FOEL TEiE NEXT TWO (2) COURSES,
NOR'fH 67°54'40" EAST', A bISTANCE OF 23 i.34 FEET; T� T� BEGINNING 4F
i A CUiZVE, BEING CONCAVE TO TI-� SOUTH AND HAVING A RADIUS OF 305
_: i
FE6T; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CUEZVE
THROUGH A CENTRAL ANGi.6 OE 9°52'46", FOR AN ARC LENGTE-I OE 52.59 �
- FEET; THENCE DEPA�iTING SAID RIGHT-OF-WAY SOUTFi 51°t0'I9" EAST
AI.ONG A NON-RADIAL LINE, A DISTANCE OF 38.83 FEET; TF-�NCE SOUTH
00°13'OS" EAST, A DISTANCE OF 68.97 FEET TO THE BEGINNING OF A CURVE,
� BEING CONCAVE TO TKE WEST AND HAVING A RADIUS OF 70,00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 18°56'18", FOEt AN ARC LENGTH OF 23.14 FEET;
THENCE SOUTH i8°43'l3" WEST, A DISTANCE OF 86,09 FEE'I'; THENCE NOftTH
- 89°46`55" EAST, A DISTANCE UF 263.52 FEET TO THE POINT OF BEGlNNING.
SA[D PA[ZCEL CONTAI�YS t.0022 ACRES MORE OR LESS, SUBJECT TO
_ _ EXISTING EASEMENTS OF RECORD.
9R �41(9806 t -P 2. LEG.1L)
t C:UNN[NGHAM & DUIttLANCE C:crnsuhing Enginccrs, [nc_
_ '.' _ """�"_'�_ s�,.....
� _. -- ---- -�-- ORB 1 1 m9i0 Pg 558
�
' EX�-IIBIT "B"
, -
_ -
LEGAL DESCRIPT[ON
PARCC� i�[O. 3
- LY.[NG [N SECTION 30, .
TOWNSH[P 40 SOUTH, RANGE 43 EAS'['
- A PARCEL OC LAND LYlNG [N SECTtON 30� TOWNSHI(' 40 SOUTH� RANGE 4]
EAST, �PALM BEACH COUNTY, FLORtDA, BEING MORE PART[CULARLY
�� DESCRIBED AS FO[.LOWS: �
� COMMET�tC.tNG AT THE 1'OtNT OF INTERSECTION OF THE CENTERL[NE OF
STATE ROAD NO. S(US HIGHWAY NO. i) W[TH THE SOUTH L[NE OF
- �� SECTION 30, T�WNSt�[P 40 SOUTN. RANGE 43 EAST; TNENCE NORTH
p3°Sq'SS" EAST (BASIS OF BEARINGS), ALONG TETE SAtD CENTCRLINE, A
DISTANGE'OF G95.55 FEET TO A POlNT ON THE EASTERLY CXTENSION OF
THE NORTH RIGHT-OE-WAY i.1NE OF BRIDGE ROAD (PElZ DEED BOOK 1 t6b.
- PAGE SS2 OF THE PU6l.[C RECORDS OF PALM BEACH COUNTY. FLORIDA);
THENCE SOUT'H 84°46'SS" WEST, ALONG SA[D EASTERLY EXTENS[ON AND
i SAlD NORT� RIGHT-OF-WAY LWE, A DISTANCE OF 360: t6 F�ET TO THE
PO[NI' OF $EGINN[NG; THENCE CONT[NUE SOUTEi 89°46'SS" WEST, ALONG
SAID NORTH R[GHT•O�-WAY LlNE, •A D[STANCE OF 203.21 FCET; THEHCE
NOEtTN 45°13'OS" WEST, A D[STANCE OF 35.36 FEEf; THENCE IYORTH
`> . UO° 13'OS" WEST'� A DISTANCE OF 74.99 FEET TO THE BEGINNING OF A
��_ - CURVE. BEING CONCAVB TO THE EAS't AND HAV[NG A RADIUS OF 70 FEET;
THENGE NORTHE�LY ALONG THE AtLC OF SAID CURYE THROUGH A
_ CENTRAI. ANGI.E OF l8°56'l8". FOR AN A.RC LENGTH OF 23.14 FEET;
THENCE �fORTH IS°43'13" EAST. A DISTANCE OF I73.19 FEET TO Tf-IE
BEGINN[NG OF A CURVE, BEING CONCAVE TO THE WEST AND HAVlNG A
RADIUS OF 130 FEET; THENCE NORTHERLY ALONG THS ARC OC SA[D
CURVE THROUGH A CENTRAL ANGLE OF I8°56'18"� FOR AN ARC LENGTH
OE 42.97 FEET; THENCE NORTH 00° 13'OS"WEST� A DISTANCE OF 74.99 FEET;
-�- THENCE NORTtt d4°47' 17" EAST, A DISTANCE OF 3S.3G FEET TO A PO[NT ON
`� THE SOUT'HER[.Y RiGHT-OF-WAY L[NE OF TEQUESTA DRIVE (PER OFFIC[AL
RECURDS BOOK 6625, PAGE 302 OF THE PUBL[C RECORDS 4F PALM BEACH
CQUNTY, FLORIDA}; THENCE I�iOE�TH 89°4?'40" EAST ALONG SA[D
SOUTHERLY R[GHT-OF-WAY LINE, A DISTANCE OF ! 46.98 FEET; TNENCE
SOUTH 00° 13'OS" EAST, A D[STANCE UF 279.06 FEET; TEIEIrICE 50UTH
03°54'S5" WEST, A D[STANCE:OF I50.00 FEET TO TNE POINT OF BEGINNING.
t .
SA[D PARCEL C4NTAINS 1.9822 ACEtES MORE OR LESS, SUBIECT TO
EX(STING EASEMENI'S OF RECORD.
9it�161(9RA61-F3.l.Gti:\L} �
CUIrIN[NGHAM & DURRANCE Consulciag Cngineccs, Enc.
,
RESOLUTION NO.
A RESOLUTION OF THE VII.LAGE COUNCIL OF THE '
VII.LAGE OF TEQUESTA, PALM BEACH COI�NTY,
FLORIDA, APPROVING A DEVELOPER'S AGREEMENT
BETWEEN JMZ TEQUESTA PROPERTIES INC. AND THE
VII.LAGE OF TEQUESTA RELATIVE TO TEQUESTA
VII�LAGE CENTER MASTER SITE PLAN AND
AUTHORIZING THE VII.LAGE MANAGER TO EXECUTE
THE SAME ON BEHALF OF THE VII�LAGE.
WHEREAS, 7MZ has previously acquired property known as Tequesta Plaza
located along the south side of Tequesta Drive west of U. S. Highway One and east of Old
Dixie Highway in Tequesta, Florida (currently known as 190-222 Tequesta Drive), and
WHEREAS, the Village has purchased a portion of the property from JMZ to
include the southwest parcel of property totaling 52,778 SQ. FT. and the Roadway Parcel
that consists of approximately 0.6463 acres, and
WHEREAS, JMZ has requested the Village approve a master site plan for the
area axid approve construction of a 25,241 Square Foot mixed-use building more :
particularly set forth on the plans heretofore submitted to the Village, and
WHEREAS, the Village desires that , as a precondition to issuance of the building
permit, that this agreement be entered into, in order to provide assurance to the Village
that all requirements of the law shall be satisfied;
NOW THEREFORE in consideration of the premises and covenant contained
herein and for other good and valuable consideration, the receipt of which is hereby
acknowledged by each party to the other, and for other good and valuable consideration,
the parties agree as follows:
Section 1. The Developer's Agreement between JMZ Tequesta Properties,
Inc. and the Village of Tequesta, attached hereto as E�chibit "A" and incorporated by
reference as part of this Resolution, is hereby approved and the Village Ma.nager of the
Village of Tequesta is authorized to execute the applicable Agreement on behalf of the
Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember
, who moved its adoption. The motion was seconded
by Councilmember , and upon being put to a vote, the vote was
as follows:
FOR ADOPTION AGAINST ADOPTION
,
e ,
The mayor thereupon declared the Resolution duly passed and adopted this day of
September, AD, 1999.
�