HomeMy WebLinkAboutProperty_Deed_07/07/1995 _. , ,� _
THIS INSTRUMENT PREPARED BY:
PETER S. HOLTON, ESq. � - ' • `'; , �;:; •:.�,:-��,_._, - � .. i�`�,�
JONES, FOSTER, JOHNSTON & STUBBS, P.A. ' ��� � ���� � ,� „��..�,�.
P.O. Box 3475 ��' ■ �_ # i!' �� ` � St �
West Palm Beach, Florida 33402-3475 �
.�;`i<' �,�� �fi i�ft�� , ��
WILL CALL �85
PROPERTY CONTROL NO.: 60-42-40-25-00-000-522
WARRANTY DEED
This Indenture, Made this ��� day of �„C , 1995, Between
JUPITER-TEQUESTA JUNIOR CITIZENS, INC., Granto , whose post office
address is P.O. Box 4072, Tequesta, FL 33469, and VILLAGE OF
TEQUESTA, (FEIN 59-6044081), whose post office address is 357
Tequesta Drive, Tequesta, FL 33469, of the County of Palm Beach,
State of Florida, Grantee*,
WITNESSETH, That said grantor, for and in consideration of the
sum of Ten Dollars ($10.00), and other good and valuable
considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said grantee, and grantee's heirs and assigns forever,
the following described land, situate, lying and being in Palm
Beach County, Florida, to-wit:
See Exhibit "A" attached hereto
SUBJECT TO all matters of record including easements, rights-
of-way, restrictions zoning and other governmental
requirements.
THIS DEED IS MADE SUBJECT TO the property being used as a
public park.
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
*"Grantor" and "grantee" are used for singular or plural, as
context requires.
y �
IN WITNES5 WHEREOF, Grantor has hereunto set grantor's hand
and seal the day and year first above written.
Signed, sealed and delivered
in ou �presence: JUPITER-TEQUESTA JIINIOR
�; CITIZENS, INC.
°"'��- �` BY;-- ' ��-� �',>�--
Print Name �_; ;,�� ��-,=:,� : `.:= "---� Susannah T. Carr, President
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P�int' �Name� �-L. �, ' �%�-�,-�o L�t_;
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
�� day of 'T,�;, , 1995, by Susannah T. Carr, as President
of JUPITER-TEQUES'�A JUNIOR CITIZENS, INC., on behalf of the
corporation. She is personally known to me or who has produced a
driver's license as identification and who did take an oath.
� ,, /�- %-_
� �. (NOTARY SEAL) ,
Notary P lic _ ����
Print DYame: `
My �Ommission expires:
:� �.,.,-.�..�.,
,,,,;;�,.��;,-.,; CARLOS J. BcRROCAL
=`� � T�'�°�= MY COMMISSION ll CC 184507
PSH\13153-1\TEQUESTA.WD :.�• ��'�-;;:= EXPIRES: March 4, 1996
:;;pF; �°:•'� Bo; ded Thrd hotary PubliC Undanvriters
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EXHIBIT "A"
Legal Description
All that part of the North 264 feet of the South 279 feet
of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Section 25, Township 40 South, Range
42 East, lying West of County Road (Seabrook Road) as
same is now located, constructed, and used, Palm Beach
County, Florida; Less the West 100 feet of the East 905
feet of the North 117 feet of the South 132 feet of said
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of Section 25; and Less the West 75 feet of the
East l, 080 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West 50
feet of the East 1,280 feet of the North 117 feet of the
South 132 feet of said Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 25; and Less the
West 10.4 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West
120 feet of the East 805 feet of the North 117 feet of
the South 132 feet of said Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 25; all of the
above being subject to existing road right-of-ways (if
any) thereon; said land situate, lying and being in Palm
Beach County, Florida.
Together with all of the Improvements located thereon.
PSH\13153-1\JTJC.ExA
June 30, 1995
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AGREEMENT �
THIS AGREEMENT is executed by the Village of Tequesta (the ,
"Villaae") this 7th day of July, 1995, in favor of Jupiter/Tequesta
Junior Citizens, Inc. ("JTJC") a dissolved Florida corporation.
RECITALS
A. JTJC dissolved pursuant to a Plan of Liquidation and
Distribution of Assets of Jupiter/Tequesta Junior Citizens, Inc., '
dated December 7, 1994, a copy of which is attached hereto as
Exhibit "A" (the "Plan"). ,
B. At the time of its dissolution, JTJC owned the real
property described in Exhibit "B" hereto (the "Real Property") and
certain fixtures and furnishinqs located on or about the Real
Property (the "Fixtures and Furnishinas").
C. The Plan provided that JTJC would convey to the Village '
the Real Property and the Fixtures and Furnishings on the terms set
forth in the Plan.
D. It is the intention of JTJC to convey to the Village the I �
Real Property and the Fixtures and Furnishings on the terms set
forth in the Plan.
E. This Agreement sets forth certain agreements of the
Village in connection with its acceptance of the conveyance of the
Real Property and the Fixtures and Furnishings.
NOW THEREFORE, in consideration of the receipt of the Real
Property and the Fixtures and Furnishings, the Village agrees as '
follows:
1. The Village will use reasonable efforts to complete '
the conversion of the Real Property to a public park by June 30,
1996. The completion date stated in this paragraph shall be
extended due to acts of God, fire, flood, inclement weather and
other matters beyond the reasonable control of the Village, claims
and defenses raised in the case styled Donald H. French, et al v.
Jupiter/ Tequesta Junior Citizens, Inc., etc, et al in the
Fifteenth Judicial Circuit CL 94-2939AI, as under appeal to the
Fourth District Court of Appeal in Fourth District Case No. 94-
2910, or if a Dissolution Challenge or a Title Challenge (as those ,
- terms are defined in paragraph 6. hereof) shall be brought. ,
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2. The Villa e s II
� hall make the Real troperty available
for use as a community center for a period of one year from the
date the deed to the Real Property is recorded in the public
records of Palm Beach County, Florida. �
3. Each group listed in Exhibit "C" hereto is currently '
using the Real Property under an agreement with JTJC. Each group '
listed in Exhibit "C" may continue to use the Real Property in I
accordance with their respective agreements with JTJC for a period '
of at least one year from the date the deed to the Real Property is '
recorded in the public records of Palm Beach County, Florida.
4. The Village shall have the right to adopt reasonable
rules (including a requirement that any group using the Real
Property maintain liability insurance in amounts acceptable to the
Village) concerning the use of the Real Property for the purposes
described in paragraphs 2. and 3. hereof.
5. JTJC may, at its own expense, construct a memorial
in the vicinity of the entrance to the building now located on the �
Real Property. The memorial may acknowledge the thirty-one years !
of existence of JTJC, the people who have been a part of JTJC and '
their support. The precise location of the memorial,. its size,
design, composition and all inscriptions thereon shall be subject
to the reasonable review and approval of the Village. The Village
may, at its own expense, relocate the memorial after its initial
construction to another portion of the Real Property if the Village
deems such relocation necessary to properly utilize the Real
Property as a community park.
6. If a Third Party (as hereinafter defined) shall file i
a lawsuit which seeks to cancel, void or otherwise rescind the '
conveyance to the Village of the Real Property or any portion of �
the Fixtures and Furnishings (any such lawsuit is hereinafter
called a"Title Challenae") and, if prior to or during the pendency
of the Title Challenge, a Third Party shall file a lawsuit which
shall challenge the propriety of the dissolution of JTJC and shall
name any or all of the JTJC Directors (as hereinafter defined) as
defendants in such action (any such lawsuit is hereinafter called
a"Dissolution Challenae"), then the Village, at its own expense,
shall provide to each JTJC Director who is a defendant in the
Dissolution Challenge a defense against any claims in the �
Dissolution Challenge that the dissolution of JTJC was improper or ''
that the distribution of the Real Property and the Fixtures and '
Furnishings was improper. The Village shall select the counsel to I �
provide the defense. The same counsel may represent the Village
and all of the JTJC Directors. If a Dissolution Challenge shall be
commenced, the JTJC Directors shall promptly notify the Village in
writing and, if the Village shall provide the JTJC Directors with
a defense as provided in this Agreement, then the JTJC Directors
shall cooperate in any such defense. Nothing contained herein
shall be construed, however, as the agreement of the Village to
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indemnify or hold harmless any of the JTJC Directors for any
damages which they are deemed to be liable for and which arise out
of the dissolution of �7TJC or the conveyance to the Village of the
Real Property and/or t:he Fixtures and Furnishings. The term "Third
Partv" shall mean any person or entity other than the JTJC or any
JTJC Director; the term "JTJC Directors" shall mean the individuals
who were directors of JTJC at the time the Plan was adopted. The
JTJC Directors are listed on Exhibit "D" hereto.
�'������ Village of Tequesta
B yN � - <��.,�`�� _--� _ BY :
_ Na �oa�N r� ��-r�v�� u_� ._ Print Name: ', � YY3r��ae-.
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zi-5 ' �.i i L L�CwI: Ct� = i � � ZtS :��.`,^+✓ C;"�`C:
--- ,.
A.ttest: Jupiter/Tequesta Junior
✓ /��-�� , Citizens, Inc. _
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�� .�,��u� B� .----� :' � -
P�� ir�L :?ame : '- ,.� Print Name : , � �� �" _�
��td:_��� _� r�e Its: �:!�;..—���.���� �. > ----- �
F:;H�\1�1.!�3-1\JTJC.Agt
May ?, 1935
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� EXHIBIT "A"
Px.AN 4F L�QII�Dk�TION AND DI3TRIBIITION I
�F ASSET$ OF ,
JIIPITERJTEQIIE3TA JUNIOR CITZZENS, INC.
l. On November 7, 1994, �he Board of Directors o� the Corporation
adopted � resolution that the Corporation be dissolved. The
recommended dissQlutzoz� was approved by th� Board of Di.rectors
of th� Corporatian at a properly noticed meeting on November
7, 1994. I
2. The Board of Directors af th� Co�pozati.on has determ.ined that
it i.s in the best int�rest of the Carporation that the �
liquid3tion of th� Corpoxation and the distributidn af its �
assets be made pursuant to a formal, w�itten plan of I
liquidatian and distribution, under which Jupiter/Teques�a i
Junior Citizens, Inc., sY�all be corupletely liquidated and
dissalved, ail of its known debts and liabilities �hall be
paid ar atherwise pravided �ar, and all of its remaining
property arld 3ssets sha1J. b� distx'ibuted puzsuant to this Plarf
of Liquidation and Distribution.
This plan shall b�come �ff�ctive on the dat� a11 �rhich it is
approved arid adopt�d by �.he vate or writterY conser�t af the I I
Board of Directors. The date of Board approval and adoption �i
af the plan is herein�ft�r called the "effectiv� date." l
3. �essaticn of Business. AP�er the effective date, the
Corpora�ion shall cease to carry an business, except to the
ext�nt necessary to praperiy wind up �ts affairs and to
preserve the value af a.ts business and assets pending
liquidation a�d di�tribution.
4. S�tl� of Assets. A�ter the effe�tive date, the Board of
Directvrs and the o�fi�ers of the Corporatian shall
distribute i�s assets a� Follaws:
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(a) xeal Pro�ertv located in Palm each Countv Florida. �
such real property, described zn the Warranty D��d '
attached h�reto as Exhibit "A", located in Pal.m Beaah �
�a�=t� , r ior :3�., �hall �.e gif �.�d �o t;� Viil.age a�
Teque�ta and such canveyance sha�l be evidenced by i
Warranty Deed, subject to those conditions listed in
Exhibit "A";
(b) Yauth C�llter. Th� structuz'e, commottly refe�z'ed to as �he
"Yvuth Center", loeated on �he real praperty described in �
Exhibit "A'�, shall b� convey�d to th� Villag� of
Te+questa, free af a�.l moxtgages ar�d encumbrances thereof;
(c) Fixtures and Furnishin�s of Youth Cerit�r. All existing '
f ixtures and furnishi.ngs lacated with�n �he "Youth
• Cen�er", as d�scribed above in Paragraph 4(b) �hall.
r�main with th� prernis�s and shall be conveyed to the
Vil.laqe of Tequesta by Bill �� Sale;
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(dj L_ease Aareement Interest. All interest of the
Corporatian in the Lease Agreem�nt dated September 24,
Z993 by and b�tween Jupiter/Tequesta Junior Citizens,
Inc., and the Villaqe of Tequesta, shall be assigned to I
the Vi�lage af Tequesta and such Lease Agr�ement shall '�
merge inta the warranty d�ed; and �
(e) Cash Reserve. The r�maining cash of the Corporation,
after satisfaction o� the foregoing st�ted in Paragraph
5, below, shall be used to establish a scholarship fund
for recreational purposes for childr�n in the village a�
Tequesta and Tvw1� a� Jupiter.
The Officers of the Carporation may execute any instruments
that are necessary ta transfer title to the property and I,
assets. I
5• Pa�ment af Debts and Liabilities. Priar to making any
distribution af cash, the Board of Directors and the Officers
sh�ll p�3y all o� the knawn or ascertain�ble debts and
liabilities of th� Corporatian, i.ncluding, but not limited ta,
liabilities for taxes and expenses of liquidatian and
dissolution, and ar'iy defense of �he Boazd or any Board member
invvlved in any �awsuit as a result vf the Boaxd�s decision to
dissolve th� Corparation_
Any amount remaining in the reserve fund after payment of I
these liabilities and expenses sha11 be distributed as stated
in Paragraph 4(e}, �b�ve. � '�
6• Powers af Of�ioers� The Officers of the C�rporation shall
carry aut th� provisions af this plan and shall �ake aIl
actions that are r,ecessary or advisable to effect the complete
iiquidation of th� Carporation and its dissolution, including
the execution of such instrumer�ts as may be required to vest
title in the assets ta the distributees and �he execution of
all documents re.qua.z�ed by law to be filed to effect 'the I
dissolution of the Corpora�ion. I
Dated : ��l/ ��,�99� I
�� "�...J
usaruiah T. Carr, Pz'�sident
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f:�815�p(en.dis I
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EXHIBIT "B"
Legal Description �
All that part of the North 264 feet of the South 279 feet ,
of the Northeast Quarter (NE 1/4) of the Southeast �,
Quarter (SE 1/4) of Section 25, Township 40 South, Range ��
42 East, lying West of County Road (Seabrook Road) as
same is now located, constructed, and used, Palm Beach
County, Florida; Less the West 100 feet of the East 905
feet of the North 117 feet of the South 132 feet of said
Northeast Quarter (NE 1/4) of the Southeast Quarter
� (SE 1/4) of Section 25; and Less the West 75 feet of the
East 1, 080 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast I
Quarter (SE 1/4) of said Section 25; and Less the West 50 �
feet of the East 1,280 feet of the North 117 feet of the ,
South 132 feet of said Northeast Quarter (NE 1/4) of the I
Southeast Quarter (SE 1/4) of Section 25; and Less the
West 10.4 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West
120 feet of the East 805 feet of the North 117 feet of
the South 132 feet of said Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 25; all of the
above being subject to existing road right-of-ways (if i
any) thereon; said land situate, lying and being in Palm '
Beach County, Florida. I
Together with all of the Improvements located thereon. I I
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PSH\13153-1\JTJC.ExB
May 10, 1995 I
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EXHIBIT "C" i
Groups Currently Using Real Property
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1. Jupiter/Tequesta Duplicate Bridge Group - this group uses the ,
building Monday mornings and Tuesday afternoons each week. It i
pays to the JTJC whatever money they raise as a group. �
2. Boy Scouts of America - this group uses the building I
Wednesdays from 7:00 to 9:00 p.m. each week. It pays no rent I
but picks up the trash on the property.
3. Karate Club of Jupiter/Tequesta - this group uses the building
Mondays and Wednesdays from 7:00 to 9:00 p.m. It pays no rent 'i
but sweeps the floors. I
4. Scuba Club - this group uses the building on the second Monday I
of every month from 7:00 to 9:00 p.m. Once a year it must '�
take a group of children snorkeling and provide them with a I
water safety course, and once a year it paints the inside of I
the building. i
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5. YMCA - this group has a day camp during spring, summer and I
Christmas school breaks. It pays $4.00 per child per week. I
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PSH\13153-1\JTJC.ExC I ��,
May 9, 1995 !,
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EXHIBIT "D" �
JTJC Directors �
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� Susannah T. Carr I ,
Robert Meyer '
Frances Sagrans
Nancy Rodth ,
Elizabeth Anderson ',
William Westcott '
Adele Schlusemeyer
George Zigliani
PSH\13153-1\JTJC.ExD I ,
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