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HomeMy WebLinkAboutProperty_Bill of Sale_02/06/1989 Please return to: � " � ` � John C. Randolph P.U. Drawer E West Palm Beach, FL 33402 . _ __. ... BILL OF SALE ��. _ , _ .- : �4AR� KNOW ALL MEN BY THESE PRESENTS, That � Pantlin, of the Corporation of Tequesta Associates, Inc., of the City of West Palm Beach, in the County of Palm Beach and State of Florida, party of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00) lawful money of the United States, to it paid by the Village of Tequesta Water Department of Village of Tequesta, Florida, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second part, its executors, administrators and assigns, the following goods and chattels: Al1 water main transmission and distribution facilities and related appurtenances thereto for the County Line Plaza Project. Department of Environmental Regulation Permit Number 5088-5101 BS as per the plans and specifications for such project as prepared by the Engineer of Record, Mock, Roos & Associates, Inc. This includes from water main of existing facilities of the Village of Tequesta Water Department to the extremities of the current project. TO HAVE AND TO HOLD the same unto the said party of the second part, its successors, executors, administrators and assigns forever. And it does, for itself and its successors,heirs, executors and administrators, covenant to and with the said party of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part, its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, I have hereunto set my hand and seal this �� day of �✓R�a�e:� , one thousand nine hundred eighty nine. Signed, sealed and delivered in presence of us: ^ '' ; , `� � � �.� yG�y�Z�.r--r-� _ A4..����� ./��'',w,�.-�,ial +,/ . - /= G��% General Partner STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, to me well known to be the person described in and who executed the foregoing Bill of Sale, and acknowledged before me that he executed the same freely and voluntarily for the purpose therein expressed. Witness by hand and official seal at Village of Tequesta, County of Palm Beach and St�te cf F���;da, ±h;s ;� �a� of '�i'`:%�%'� , fi.�. loQO_ �fiARY PU9LtC, STATE OF FLOAIDA. % i- MY COMMtSStOM EXPIRSS: SEPT. id, 1991. � BON�:EO �nl.� 1v�>TAR♦ PVF3LtC UfJDERWRITER9. � ��� �,�/O��' � <.� r` � % My Commission expires: Notary Public, State.�� flari�a �% . ,� '-,� RECOf?D VERIFIED PALM BEACH CAUtvTY, FLF.. JOHN B. �UNKi.t � CLERK CIRCUIT COl1�C7 � r � _ GRANT OF EASEMENT �h - - . _. � THIS INDENTURE made and entered into this day of � �' November, 1988, by and between TEQUESTA ASSOCIATES, a Florida � corporation, hereafter referred to as "Grantor", and the VILLAGE � OF TEQUESTA, a duly incorporated Florida municipal corporation, � � hereafter referred to as "Grantee", the terms "Grantor" and �. � Grantee" to include the respective successors and assigns of the �' parties hereto. � � � !\ � W I T N E S S E T H• n,,� � � That the Grantor, for and in consideration of the sum of Ten . � Dollars ($10.00) and other good and valuable consideration to it � in hand paid, receipt of which is hereby acknowledged, hereby �� grants unto Grantee the following described easements located in .� Palm Beach County, Florida: An easement for water transmission � and distribution purposes over and across a strip of land ten (10) ` E feet in width as described in the Mock, Roos & Associates, Inc., � � Drawing File No. A-1710 i in seven sheets attached herewith as Exhibit �i +� . v r a? � Together with all mains, pipes, " valves, and other equipment which is appurtenant to said water main, either below or above ground, as deemed necessary by the Grantee. And the Grantee is authorized to operate, maintain and repair said well site and said water distribution system within the easement as there shall be occasion, and shall be provided access to same over the property of the Grantor at all times necessary. The Grantor reserves unto itself the full use and enjoyment of the property covered by said easements, provided such use and enjoyment does not interfere with the use and purposes of the easements. Please r.eturn to: :_ - John C. Randolph �� Jones, Foster, Johnston & Stubbs �,� ._ ._. _ .; -; = _ _ _ _ P.O. Drawer # . ,,� .; .:;., _= . . __ . _ West PaLM Beach, FL 33402 _ . ... i i., . . � :�,. - .S. 3 ._ i IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. Signed, and sealed and delivered TEQUESTA ASSOCIATES in the presence of : a Flori�la corporzition _ _ ..: _ , � - � .-.__. ,, � � - � - _�� STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this c- C1��-� day of November, 1988 by r�; ��= f'r`;',�; -_;,,;' as �.,� , �� ;-="`";','>_".��. of TEQUESTA ASSOCIATES, a Florida corporation, on behalf of the corporation. � � ^ ,/ , , r„ - sj. My Commission Expires: �'' ;�,, ���,_,� �=;�� , NOTARY P L C ,�—_ _--- [NOTARIAL SEAL) � „� , ,1 T1n . . DESCRIPTION (FOR WATER MAIN) A certain 10 foot wide easement lying in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, lying 5.00 feet each side of t:he following numbered courses describing its centerline: BEGINNING at the intersection of a line 5.00 feet South of and parallel with the North line of ttie South 450.00 feet of Government Lot 1, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, with the westerly right-of-way line of the 102.00 foot wide right-of-way line for U.S. Highway No. l, as shown on the Florida Department of Transportation right map Section 93040-2503; run thence 1)...North 89-57-08 West, along said parallel line, a distance of 65.44 feet to a point hereinafter referred to as Point "A"; thence continue 2)...North 89- 57-08 West along said parallel line, a distance of 35.00 feet to a point ereinafter referred to as Poiilt "B"; thence continue 3)...North 89-57-08 est along said parallel line, a distance of 47.00 feet to a point ereinafter referred to as Point "C"; thence continue 4 West along said parallel lii�e, a distance of 460.00 > feet � a point hereinafter referred to as Point "D"; thence continue 5)...North 89-57-08 West along said parallel line, a distance of 157.43 feet; thence 6)...South 58-07-18 West, departing from said parallel line, a distance of 48.68 feet to a point on a line 5.00 feet East of and parallel with the West line of said Government Lot l; thence 7)...South 00-12-12 East along said parallel line, a distance of 414.27 feet to a point hereinafter referred to as Point "E"; thence continue 8)...South 00-12-12 East, a distance of 89.34 feet; thence 9)...South 17-17-07 East, a distance of 96.11 feeL to a point hereinafter referred to as Point "F"; thence continue 10)...South 17-7_7-p7 East, a distance of 126.04 feet; thence 11)...South 60-23-09 East, a distance of 52.85 feet to a point hereinafter refe.rred to as Point "G"; thence 12)...South 17 East, a, distance of 200.26 feeL; thence 13)...South 58-18-33 East, a distance of 41.77 feet; thence 14)...South 17- 17-07 East, a distance of 35.00 feet to a point in the northerly line of a 50.00 foot wide road easement recorded in Deed Book 1066, Page 364, Public Records of Palm Beach County, Florida, said point also being a point �reinafter referred to as Point "H", said point also being the POINT OF 'RMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "A", run thence South 00-02- 52 West, a distance of 15.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 5.00 foot wide easement lying 2.50 feet each side of the following described centerline: BEGINNING at the hereinbefore c3escribed Point "B", run thence South 00-02- 52 West, a distance of 22.50 feet to the POINT OF TERMINUS. SH EET 1 O� 7 � MOCK, ROOS � ASSOC i ATES, { NC. � � F � EID: N/ A -- scn�E:AS SHOWN DnnwN: T M S ` ��� l�l`�I�11 ENGINEERS o SUf1VFY0�1S � r��_nr�r�Ens �'�'?Pared for DAIE:OCT 1988 nr�r«nvF�: �v► � � 1�l(1((ll'1(1 w�;T r�n�_�� nrncn, r� on i on TF«uFSTn nssor, i ntES �. n. No.es- � 5q. 05 � _ (�n. r�o. f� - 1 7 i 0 TOGETF�ER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "C", run thence South 00-02- 52 West, a distance of 133.50 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "D", run thence South 00-02- 52 West, a distance of 21.60 feet to the POINT OF TERMINUS. TOGET��ER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "E", run thence South 45-04- 44 East, a distance of 64.94 feet; thence South 00-02-53 West, a distance f 32.50 feet; thence South 89-57-08 East, a distance of 54.00 feet; thence torth 00-02-52 East, a distance of I0.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of th� following described centerline: BEGINNING at the hereinbefore described Point "F", run thence North 72-52- 53 East, a distance of 20.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "G", run thence North 25-35- 18 East, a distance of 5.00 feet; thence North 70-35-18 East, a distance of 8.00 feet; thence South 64-24-42 East, a distance if 22.00 feet; thence South 89-20-30 East, a distance of 47.76 feet; thence South 89-43-47 East, a distance of 116.00 feet to a point hereinafter referred to as Point "I"; thence continue South 89-43-47 East, a distance of 57.00 feet to a point ' ereinafter referred to as Point "J"; thence continue South 89-43-47 East, distance of 7.50 feet to the POINT OF' TERMINUS. �lOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: BEGINNING at the herein before described Point "I", run thence North 00-16- 13 East, a distance of 15.00 feet to the POINT OF TERMINUS. TOGETHER WITH certain 5.00 foot wide easement lying 2.50 feet each side of the following described centerline: SNEET Z, OF � "E�: i-Z�-BS MOCK, ROOS � IISSOC 1 ATES, I NC. - SCALE:�S sf�owN F N/ -- onnwN: TMS ` ��f�i������ ENGiP1EE�1S � SUf1VEY011S � ��_ANNE(1S �'�PP�red for DATE:OCT 1988 n�rnovrn: sv� � ,�` 11(I1I1111iI1 �EST f'A�N OFACII, �l I �� TE�UF;T11 ASSOC I ATFS �'• h• N0.86- 159. 05 �. on. no. f�- 1 710 BEGINNING at the hereinbefore described Point "J", run thence North 24-40- 19 East, a distance of 18.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: COMMENCING at the hereinbefore described Point "H", run thence South 89-43- 47 East along the said northerly line of a 50.00 foot wide roadway easement, a distance of 22.00 feet to the POINT OF BEGINNING; thence North 00-16-13 East, a distance of 18.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: COMMENCING at the hereinbefore described Point "H", run thence South 89-43- 47 East along said northerly line of a 50.00 foot wide roadway easement, a distance of 464.13 feet to the Point of Curvature of a curve concave ortherly having a radius of 700.00 feet; thence departing from said oadway easement described in Deed Book 1066 Page 364 and now running along the northerly line of a 50.00 foot wide roadway easement deeded to the Village of Tequesta, run easterly and northeasterly along the arc of said curve through as central angle of 4 a distance of 56.93 feet to the PUINT OF BEGINNING; thence NortYl 00-02-52 East, a distance of 83.00 feet to a point Yiereinafter referred to as Point "K"; thence continue North 00-02- 52 East, a distance of 57.00 feet to a point hereinafter referred to as Point "L"; thence continue NOrth GO-02-52 East, a distance of 22.00 feet to a point hereinafter referred to as Point "M"; thence continue North 00-02- 52 East, a distance of 14.00 feet to a point hereinaft.er referred to as Point "N"; thence continue North 00-02-52 East, a distance of 2.00 feet; thence North 8�3-57-08 West, a distance of 67.00 feet to a point hereinafter referred to as Point "O"; thence continue North 89-57-08 WPSt, a distance of 16.84 feet; thence South 00-02-52 West, a distance of 12:��0 feet to the POINT OF TERI�4I]�IUS . TOGETHER WITH a certairl 10.00 foot wide easement lyir.� 5.00 feet each side � of the following described centerline: EGINNING at ttle hereinbefore described Point "K", run thence North 89-57- 08 West, a distance of 14.00 feet; thence South 00-02-52 West, a distance of 11.00 feet to the POINT OF TERMINUS. TOGETHER WITH a certain 5.00 foot wide easement lying 2.50 feet each side of the following described centerline: BEGINNING at the hereinbefore described Point "L", run thence South 89-57- 08 East, a distance of 36.16 feet to the POINT OF TERMINUS. TOGETHER WITFi a certain 10.00 foot wide easement lying 5.00 feet each side of the following described centerline: SHEE'�' 3 oF 7 �� MOCK, ROOS � ASSOC 1 ATES, I NC. � SCnLE:AS SHOWN FIELD: N/!1 ��� �t,i���� �'re ared for onnwN: TM5 ` � p ENG I NFEfiS o SUFIVEYOf1S ��LnNr�Ens � DATE:OCT 1988 n�rn�vFn: ;VI1 �_ l��{�Jl�flJ�J HFST f'�I_N �3EACH, �1.0(1IDA TE�UESTA ASSOCIATES �'��• No.es-i59.05 � nn. r�o. �— i 7 i 0 30404� BEGINNING at the hereinbefor_e described Point "M", run thence South 89-57- 08 East, a distance of 25.00 feet; thence North 00-02-52 East, a distance of 6.00 feet; thence South 89-57-08 East, a distance of 1.00 feet; thence North 00-02-52 East, a distance of 24.00 feet to the POINT OF TERMINUS. TOGETHER WITFI a certain 5.00 foot wide easement lying 2.50 feet each side of the following described celzterline: . BEGINNING at ttie hereinbefore described Point "N", run thence North 48-49- 14 East, a distance of 42.00 feet to the POINT OF TERMINUS. TOGETFiER WITIi a certain 5.00 foot wide easement lying 2.50 feet each side of the following described centerline: BEGINNING at t;he hereinbefore described Point "O", run thence North 00-02- 52 East, a d.istance of 7.3.00 feet to a point hereinafter refe.r_red to as Point "P"; ttlence continue North 00-02-52 East, a distance of 10.00 feet to a point hereirlafter re£erred to as Point "Q"; thence continue North 00-02- 52 East, a distance oF 21.69 feet to the POINT OF TERMINUS. OGETfiER WITIi a certain 5.00 foot wide easement lying 2.50 feet each side f the following described centerline: BEGINNING at t11e hereinbefore described Point "P", run thence South 89-57- 08 East, a distance of 48.00 feet to the POINT OF TERMINUS. TOGETIiER WITI� a certain 5.00 foot wide easement lyinq 2.50 feet each side of the followi.ng described centerline: BEGINNING at tlle hereinbefore described Point "Q", run thence North 89-57- OII West, a distance of 21.84 feet to the POINT OF TERMINUS. TOGETIiER WITI� a certain 5.00 Loot �aide easement lying 2.50 feet each side of the following described centerliize: COMMENCING at the hereinbefore described Point "E", run ther�ce North 00-12- 12 West, a distance of 335. 1 feet to the POINT OF BEGINNING; thence South 89-57-08 East, a distance of 62.49 feet to the POINT OF TERMINUS. TOGETFIER WITF� a certain 5.00 foot wide easement lying 2.50 feet each side of the following described centerline: COMMENCING at the hereinbefore described Point "I", run thence North 89- 43-47 West, a distance of 116.00 feet to the POINT OF BEGINNING; thence North 00-02-52 East, a distance of 70.00 feet to the POINT OF TERMINUS. / -89 Sf�EET 4 G� � REV: //-/O-8g MOCK, R�JOS �. ASSUCIATES, INC � SCAIE: /�/`,e� FIEID: N�,4 { �rcPof-e�p( For ���?����� ��� � ENGINEERS • SURVEYORS • PLANNERS ' DATE: OCT 1�$ DRAWN: T/�'lS ``� '' WEST PALM BEACH, FLORIDA ? �� ST ' q ' p A. N0:8�'/.�OS �rcT r � � APPRQVED SU/-� .�- ��� ���I!Il• .� � DR. N0: A- /7/O POINT 'C' ( �POINT '8' POINT 'A' POB o 0 N89�5708W •,' � -- — . 10 . 44 --------- I I � �5 � �io� ----1-- J = � '^ {1• � I I � / �� O O Lfl 0 � N LLj p I` I I N� �' ! � ti N o N POINT OF ° o ° I° I ° TERMINUS "' o N I � o w J I= I U N Cn LL� I � DETAIL ° �I i NOT TO SCALE \ �! --� f---io' I I ' I I ° 0 N I I � PO l NT Of �� � TERMINUS � – – � / � / \ NORTH L1NE OF THE SOUTN 450.00 P�8 POINT 'D' FEET OF GOV�RNMENT LOT i / \ S 89 57 �08'�E ` ' �249'� – --- , t� - _ � POB�• I \ `' � o POINT OF� I I I I � , 5�' � l �, �O TERH I NUS 1 ( I�, 5� l0 � ° �;, \ �'� 2 � � / _ � �' ° \ � f{�Itii"7 OF T, CRMINU$ \ � J II \ ` ,_ � / / � � - J � �' r t- � - c N .� I � ou' 3 � `�" �' o I � SEE DETAIL o,� POINT �E� I 1� SHEET E 9�- � \ GOV �T LO s 1 ` 0 2 I � \ �o � J � G O V�T LOT ,:_ �'�'' � POINT OF ° N \` 2 �4 5 3+E �TERHINUS 9� /� 2p, 0�� : ; � c Z _--�� — � � PO I NT ' F' / � �, o � � SEE DETAIL � � � � SHEET �o � � u � � -� � _ _ � � � SEE DETAIL� � � � SHEET 7 � POlNT �c� \\ \� ` � � / / ; � \ � � � \� � /� � � � � I W 9 \ I � S 89 43�47��E \ / PO LNT ' H' PO I NT OF 50� f�0AC34UA`l � �!'1T �� � i TERMINUS � — 51-I � ET 5 OF 7 SKETCH NOT A SURVEY REV: ��-���88 MOCK, ROOS 6 ASSOC I ATES, I NC. SCALE:AS SHOWN FIELD: N/A Prepared for DATE:OCT i988 � � ENGINEERS o SUPVEYORS o PLANNERS DRAWN: TMS TEQUESTA ASSOC I ATES P� A. N0.86- i 59. 05 APPROVED: S V H � WEST PALM BEACN, FLORIDA DR. N0. A — 1710 F Z� � _� J h I ~ � � � 3� J lu � 5� o II o '� m n � � � � - �, �� J Q I U � POINT 'E' "' N 89 �7� O�� W GOV �T L.OT 1 0 �' PO I NT OF � ���� 6' �TERMINUS C�JV T L4T Z � i \\\ 9 � 9 �� I I \ � I � � �ti m I a I � i ��i L___� i . 'ti � � °m � — — — J�� �o� � S89° 57' 08' E � O � 54. 00' � � � �� Z � �� � PO1 +�i'r F r' ` L� �� � � . 1 � � 0 - �` 77 '� J o� �, \ �� � ��o \\\ � \ o \ s \ , ,�t-' S P01 NT OF �� 5 "' II� POINT pF TERMINUS \ \ m �c- W TERMINUS � � 'Y � � "�: � � i m ;. � : ' f , \ � q o N �p° 3c, � ie 'o`� ��� �o � t \ �ti �./ � QO 564 z ,\ �y o � � o o % � \ � \ J / �2 o q q2.F I i � � Z ~ ` =n' � 1 l� \ �\ � � I - ii oo' - - -� f L- - 57. 00' - �7.50 � , _ -�; �_ - _ ---�- _ ��� � _ _ �� � �;,' S89' 43' 47' E 180. 50' '� p01 NT OF /� � 5 ' � � � TERM I NUS POINT 'G' �� " �, PGItiIT`I' `.--ppiNT",' � \ � - - `"' D B 107� � �� `\ . g � Pf�G E' ;�7G3 oj \ � , y � �-�. �� , SH�ET (c OF7 �"z�' SKETCH NOT A SURVEY REV: II -�o-�B �OCK, ROOS s ASSOC I ATES, I NC. SCALE:AS SHOWN FiE��: N/A • Prepared for DATE:OCT 1988 I�Ii. ENGINEEAS o SURYEYORS o PLANNERS DRAWN: TMS TE(�UESTA ASSOC I ATES P• A. N0.86-159. 05 APPROVED= SVH � A t 4�E5T PALl� BEACH, FLORIDA DR. N0. A— 1710 F ` , - �r � DETA I L �' • P01 NT OF NOT TO �.A�E ,�,� /'� TERM I NUS i .s � � �� , Q � a � � � `� --�- — — — — — — °--�e � --il � 1-- fo' N � lC1 I N O I N89° 57' OB' W 35. 03' � _ .,,` S. PJ! NT o� S89° 57' OB' E � — — — — � o o f_ , , � z N } =i 1. 00' °�---1 I w o 'o I `° � � ,� � '"�.` o P��'•'Jr � 1`1'; �� S89° 57' 08' E 25. 00' J �� o o � m � r----- ° = 0 0 � `,,� �n � 0 I I o Z - o �'-i J � N "'� � PO I NT OF � «' L---- 1 / TERM I NUS �...�, o � ° ' ' �36._ifi_—��� •� �,'*.� � � — — — — �C J POINT OF � � I \�1 NT L � TERM I NUS � x� N-r ,.Q„ � I ' N89° 57' 08' W • /% 21. !34'_ J � o � S89° 57' 08' E ' — — — � � P01 N'T" OF �� '— 48. 00' i P01 NT OF ' -� t: rs�� i PJUS P0 1 1� 1�' ., Pi • L�� _ —/ TERM I NUS � I — — / \ 3 � � � � � / \ � m � F'O1NT �O �� POINT���I� � j � N � � --I /---- �_ _ �,� // � I , o° r 16. 84' _ 6J. 00' --- - 7� • ' � "'� � N89° 5 7' 0 8' W 6 3. 8 4 --- � � I � — �o – � I L � J --_--' I� L � � _� / POINT OF �'/ \ �INT�M" / , I, r � TERM I NUS \ I o I I N \ N / \ � � �-- -/� � � � � I � �� _ �� — 1 \; � � �1NT � L II� � � �� � � � N89° 57' 08' W � � 14. DO' ��� � �- —�—� `��nolNT "K'� , I � °� 0 3 % �-- � Sl �� N O I W LCl O _ N '�� N �+ l[7 � d' ° _' � � � N \ � �" � POINT I �gI \ uS TERM I NUS � z � � � � � � w � �o � � � � � , �- o � � � ° Im I � �o o m 6 ---� r ._ _ ►o � ` ili \ \ Z � TERMIN�S � . � ` � � � � \ � � � o I I � � --..I l�- io I I 22. 00' �'" 442. 13 R= 7 0 0. 0 0' — `— — � 50 ROr?C3vL�/��'�" S89° 43' 47• E p° 4' 3 9' 3 4' ESMT. • �--' A=56. 93' PO I NT �� H�� %`� POB S ��� T - � 0�7 POB SKETCH NOT A SURVEY REV: �OCK ROOS 6 A�SOC I ATES, I NC SCALE:AS sHOw►v FiE��: N/A - Prepared for DATE:OCT 1988 I�iI EPlG I�lEERS o SURVEYORS e PLANNEflS DRAWN: T M S �, � TEQUESTA ASSOC I ATES P� A. N0.86-159. 05 APPROVED: SVH � wEST PALM BEACH, FLORIDA DR. N0. f�– 1710 F F � 304044 MARTIN COUNTY PALM BEACH COUNTY N � 5� ` 1 1 P.O.0 � � S89 57'08"E NORTH LINE OF THE SOUTH 450' OF GOVT.LOT 1 � � N. a O � n ` 1 • 1 N O• �� POB � pS � MEN � E Nt� , � . ,p E pSEM 3p �� �' � � Q Z 53 C S N � j � cn � N , �'i � p � # � � � N m N �, �. � � o �► � a'. , O O � Z 0 n � �o w � o � � i Q t7�, � � N ppB E�``'� No. 2 � � �p' E:AS��� >>�w N �► � S 12 4 �p cr. n O '( N � . 3 r ,. E p � P� N'�� t 10 �� @ 10 ,.�( �,�. O? � N 1T y4.5 3 .v� �. 4 Z 5 '� ST Z 2 , 3•VJ � 1 42 5 O SZ 24 53 �.�1 p� '� . ST Z AZ , �� � �� Z� � � N t N� • Q — �a AS � M � �. P� o � 7 � 5 � S 9 • , 5� O E pSEM yo R oa SKETCH NOT A� SURVEY SHEET 1 OF 2 REV: 4-24-89 MOCK, R�OS �. A .SSOCIATES . INC. PREPARED FOR SCALE: 1 '-�00' FiE��: ENGINEERS • SURVEYORS • PLANNERS DATE: APRIL 1989 TE(�UESTA ASSOCIATES ORAWN: WPT � WEST F�ALM BEACH, FLORIDA P.A. N0: 89-125 ArPROVED: SVH __ LTD .PARTNERSHIP DR. No: q- 1841 A f ' S ' � � A DFSCRIPrION Four easements 10 feet in width in Goverrunent In, ts 1 arx� 2, Section 30, 'Ibwnship 40 South, Range 43 East, Pal�a Beach County, Florida, the centerlines of which are described as follaws: Easement No. 1 Ca�ne.ncing at the intexsection of �`�e North l�ne oi the South 450 feet of said Gaven�t Lpt 1 with the westerly right-of-way line of U. S. Highway No. 1(SR No. 5); thence South 17°-17'-07" East alor�g said right-of-way line, a distance of 182 feet to the P�int of Beginning of the herein descri�ecl ea5ement centerline; thence South 72°-42'-53" West, a distance of 30 feet to the erid of the herein described centerline. Easement No. 2 Ccs�m�encing at the interse�..^tion of the North line of the South 45o feet of �aid Gc7verrIInent Lr�t 1 with the westerly riqht-of-way line of U. S. Hic�way No. 1(SR No. 5); thence South 17°-17'-07" :East along said right-of-�way line, a distance of 529 feet to the Point of Beginnirx� of the herein described easement centerline; thence South 72°-42'-53" West, a distance of 110 feet to the er�d of the herein described centerline. Easement - No . 3 Cotrnn�lciizg at the interser_tion of the North line of the South 450 feet of said Gaverm�e.nt Ir�t 1 with the westerly right-of-way line of U. S. Highway No. 1(SR No. 5); thence South 17°-17'-07" L.ast along said right-of-way line, a distance of 625 feet to the Point of Beginning of the herein described easement centerline; the.nce South 72°-42'-53" West, a distance of 24 feet; thence South 27°-42'-53" West, a distance of 25 feet; thence South 72°-42'-53" West, a distance of 54.5 feet; ther�ce North 17°-17'-07" West, a distar�ce of 1.0 feet to the end of the herein described centerline. Easement No. 4 Co�nencing at the intersec.,-tion of the North line of the South 450 feet of said Govez Lc�t 1 with the west�rly rightrof-way line of U. S. Highway No. 1(SR No. 5j; thence South 17°-17'-07" East along said right-of-way line, a distance of 869 feet to the Point of Be�inning of the herein described easement centerline; thexice South 72°-42'-53" West, a dis�tance of 56 feet to the eryd of the herein described centerline. RECOR� VE[21F1ED PALM 3EACH COUN7Y, FLA. JpHN B. DUNKIE CLERK CIRCUIT CDURT SHEET 2 OF 2 1 REV: 4-24-89 MOCK. R�OS �. ��SSOCIATES INC. pREPARED FOR SCALE: 'FiE�o: ��i { ENGINEERS • SURVEYORS • PLANNERS DATE: APRIL 1989 ��1 TEQUESTA ASSOCIATES .oRAwN: wPT ' '- WEST PALM BEACH, FLORIDA P.A. NO' 89-125 _;,,; LTD.PARTNERSHIP APPROVED: SVH i ',-____- i DR. N0: /�- 1841 . • - • I .. _ ' , ^ 2 '� ^ .. .,. '�.` i .l -rj f � .. �,� . , .. __' _ . . ... . .. •� S .� .�'� � il� �0 � �� .S y .�� = ��..� ..�.0 ...� �yl • .. �' [ �'e }�b �� T �'dk T� 6 � � ��. r� � �� � `� - _' r' = �. � :.?��i i:` Lr_��: r _ -.._ .s f5 :'[e (4iere — .zn� .� rt, ,if��"I�� C+ �i�_:��Ls_���L���'+. 's�� �1t�e13�? {{ '... REVISED SPECIAL WARRANTY DEED THIS INDEN'.I'URE, made this �(/' day of `�% l�' ��, , 1989, between TEQU]ESTA ASSOCIATES, LIMITED PARTNERSHIP, a Delaware limited partnership, having its principal place of business in the County of Palm Beach and State of Florida, Grantor and THE VILLAGE OF TEQUESTA, FLORIDA, a Florida municipal corporation, Grantee, having an address at: p.�_ R�X ������ TP= 1,P�t-a, Fr. �3atia_n�7� That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS 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 said Gr�antee, and Grantee's successors and assigns forever, the followin�� described land, situate, lying and being in Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto. Subject to restrictions, reservations, easements and limitations of record, if any, pr�ovided that this shall not serve to reimpose same, zoning ordinanc�es, and taxes for the current year and subsequent years. Said Grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons claiming by, through or under said grantor but against none other. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and TEQUESTA ASSOCIATES, delivered in our LIMITED PARTNERSHIP presence a Delaware limite�l--�.artnership �-�7 �- ,- � , ., , � , � ! . r ,:;__ - r.�_---- � ./"L� s BY : ' / t .L/i.l�'.c:-' � , . �;^ , - - � �eter : � antlin, � ����-�'��'.�', ��� '' ' � '' General Partner �� �- J ` ''�� ��/,�, � '� %� c " BY: �'/ C�v ��G�L�i�' -._ � � - — , � , � �' ` f; Mark P . Pantlin, ��;!� C '��_ General Partner - ��. - , '"i..; _ , --- c - � � �, --- _ �`d- l �'s�i� .:: .. BY • �=-�./✓�✓L�-�,;�,ec,i,�;: :, � � -.. ,,� , ..�-�-. ' ��' i� Lawrence M. Pantlin, � ' ` General Partner Please return this dccument to: John C. Randolph , ,� Jones, Foster, Johnston & Stubbs, P.A. , . � STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY, that on this � day of �- , 1989, before me personally appeared PETER F. PANTLIN, MARK P. PANTLIN, and LAWRENCE M. PANTLIN, the sole general partners of TEQUESTA ASSOCIATES, LIMITED PARTNERSHIP, a Delaware limited partnership, to me known to be the persons who signed the foregoing instrument as such general partners and severally acknowledged the exe�cution thereof to be their free act and deed as such general partners for the uses and purposes therein mentioned and that the said instrument is the act and deed of such limited partnership. WITNESS my hand and official seal at West Palm Beach, in the County of Palm Beach and State of Florida the day and year last aforesaid. � , � _ o ao o� ��. _ , - � ;� ',�' NOTARY PUBLIC ^ ` L . � ��.:. - . ' ' O ��r� � t y� �f /i � 9 ��. , o � o'r ��:� . � �, ` � .N ' ` �0 i .. MY COMMISSION EXPIRES: ,, ..;,�, ,, o �, NOTARY PUSUC, STAfiE OF FLORiDA. �`�°`°o°°o°°`j�7 L7Y COM;diS510N E.FiRES: SEP'i. 14, t84i. � � `' 9JHDED TY{R1y ►1p7ART IU6llG Uf{DE11\yRR�RE. - � ` � � `` ` .., , .. 30404d DESCRIPTION COMMENCIN� at the intersection of the centerline of U.S. HIGHWAY NO. 1(SR No. 5) with the North line of Section 30, Township 40 South, Rangie 43 East, Palm Beach County, Florida; as said centerline is shotirn on Florida Department of Transportation right-of-way map section 93040-2503; thence South 17-17-07 East along said centerline, a distance of 1834.06 feet; thence South 72-42-53 West, a distance of 51.00 feet to a point in the westerly right-of-way line of U.S. Highway No. 1 as shown on said right-of-way map and the POINT OF BEGINNING; thence South 27-42- 53 West, a distance of 35.35 feet; thence South 72-42-43 West, a distance of 183.00 feet to the Point of Curvature of a curve concave northwesterly havi.ng a radius of 700.00 feet; thei�ce southwesterly and westerly along the arc of said curve through a central angle of 17 a distance of 214.48 feet to a point on the North line_of a 50.00 foot wide easement as recorded in Deed Book 1066 Page 3G4; thence North 89-43-47 West along the said North line, a distance of 414.22 feet; thence South 17-17-07 East, a distance of 52�44 feet to a point on the South line of the said 50.00 feet wide easement; thence South 89r43-47 East along the said South line, a distance of 398.40 feet to the Point o� Curvature of a curve concave northwesterly having a radius of 750.00 feet; thence easterl.y and northeasterly along the arc of said curve through a central angle of 17 a distance of 229.80 feet; thence North 72-42-53 East, a distance of 183.00 feet; thence South 62-17-07 East, a distance of 35.35 feet to a point on the said westerly right-of-way line of U.S. HIGHWAY No. l; thence Pdorth 17-17-07 West along said westerly right-of-way line, a distance of 100.00 f_eet to the POINT OF BEGINNING. CONTAINING 0.974 acre, more or less. 3 R�V.DGS�c. �EET 16F2 REV:SKE �Tc � MOCK RfJOS �. A.SSOCIATES INC. SCALE: NJf� P,�OUt�D'A2Y SuQVEY FiE�o: �.p. ENGINEERS • SURVEYORS • PLANNERS DATfi:SE'�'f 1988 DRAWN:TM`3�WPT # A AS PSZEPA2.E� Fa2, WEST PALM BEACH, FLORIDA P.a. No86 APPROVEO_ Sl� F} __ _;�'_E ______._ TE� U E`"jTA �,SSOCr DR. N0: A J 700 .. ^` r `` • . - _ _. � _... .._ _ _.. _ — .--: 304044 � ' -._ . .._ ..`. ... _ ..: :. - �ER N 5E� � TfO� s • � p G pNSr �,,�A�K � � , Z go3� " N$ MA E��R 0 �F G�R � e , 5 1 `c,E�� b pC' • °-�� ,n % � � " R N�• � . � N, o.o�� � � ^ �� ` p P ��� � �� p � �- . W � �-1 � AN � RpP o1 / , ��n S�2°i�o�',� Z-� v S1l° �� � f G is� I� I 35 .36 ll.� oc p � w a pNT R , � PO$ '$. �'�► � �� 2 P � / s 27 °92's3"w � � m� 3 � W � � � 5� v�P� 35.36' `� O u; �� � J * � t-- , �� n � � v � � o � � � a I W " `� �— ' � a z�� � ' ° I � N � 3 �M � ( � � I -� N � I � ` w� � �o- � o Jo �NO I a• �aD �, o a - ��o � �°,�'� z� ' �'• ° ��r M „"� ■ I I Ct Q � Q � � C � � � � Q Z � $ � UQ w Z m � � � � a . . o N �t N � Q � +�+ cr� et = W . 1� � �' Q � � � M et ' � . Z � C/� � � � � � � � �N3 � #..- . oW((N �m`� �C�� �00 ct� O � o o SS1 ��, p�• E � 52 44, I HEREBY ATTEST t�at lo fhe best of my knowledqe an0 be�lef Ihe aurvey I repreaented hareon compiles wlt� the minlmum Iec�nlcal sl�ndarda, as sel lorlh Dy I �� � IAe Florida Board of Lind Surveyom, pursuanl to Sxlion �72027, Florlda Statulea. J rn. a.t..e s��.. W• /0-31_$8 . �� Rl � W �p � MO!'!flIONAL LAMD tU11V[YOR, �LORIDA �l11TI�ICAT! MO. �5 2__ I `� i`" ' / _ � � „ . Tb De velld, coplea mu�l Aeve � � I orlpMd ol Surveyo/s �lynefuro ($usveyof SI ` n re =-��� � 0 1 ' �-_ I �y � � RtCOY(✓' 'JERfFIEQ r �osseeaee�/mpr�nt. - z� �� _� O O �',^,� BEACI (.;:(��j�T`y' �! .r� - � � Survayor I I � (Sipnature Dale) - .\ Se+' I JOHN B. Q�►��� � I � I �'L�R�' C!RC!;Ij ��`�p T�t �•. ney propared Iw _ •nd le �ol seslpnsh�e. � � � Thla aurvey wD�ect lo a tiqa eearch. I 3 fZEVtSE SoUw�VnRY A�DaEG SAFE c�ocz�E�s I J�'hE�T 2 �F 2 I i '�Ey 7f-2- 88 MOCK, RfJOS �. A�>S�CIATES, INC. ' s►�TCH ;�, suR,�r � dpUNI�ARY SL1RY�'�( SCALE: I '= loo� I �' =iE�D: $.O ;..if. ENGINEERS • SURVEYORS • PLANNERS DATE: SEPT, 1988 PREPARED FOR �RAWN: TM�x �M4T �'==�'� � WEST PALM BEACH, FLORIDA P.A. N0:8<o i : TEQUESTA ASSOC. ' .PPROVEO: S V H _-_ .. ' t! DR N0: A- ITOO _ . ...... I . - JONES, FOSTE�R, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FIJ�GLER DRIVE couNSe� ELEVENTH FLOOR WILLIAM A. FOSTER P. O. DRAWER E LARRV B. ALEXANDER BLAIR R. LITTLEJOHN, III WEST PALM BEACH, FLORIDA 33402-3475 HENRV F. LILIENTHAL GEORGE H. BAILEY JOHN M. LeROUX 4O7 659-3000 �9�2-�98z KEVIN C. BEUTTENMULLER JOHN BLAIR McCRACKEN � � MICHAEL D. BROWN TIMOTHY E. MONAGHAN FAX: (407) 832-1454 HARRV ALLISON JOHNSTON MARGARET L. COOPER JOHN C. RANDOLPH 1895-1983 REBECCA G. DOANE ANN MARIE G. REZZONICO RANOV D. ELLISON ANDREW R. ROSS L. MARTIN FLANAGAN STEVEN J. ROTHMAN IORIE.HANDELSMAN PETER A.SACHS SCOTT G. HAWKINS JOEL T. STRAWN 7HORNTON M. HENRY SIDNEY A. STUBBS, JR. PETER S. HOLTON ALLEN R. TOMLINSON HARRY A. JOHNSTON, II JOHN S. TRIMPER p OTHER LOCATION J. A. JURGENS MICHAEL P. WALSH Ma r ch V� 19 8 9 MARK 8. KLEINFELD H. ADAMS WEAVER CHARLES B. KOVAL PAUL C. WOLFE 557 S. E. 8th STREET, SUITE 707 MICHAEL T. KRANZ DELRAY BEACH, F�ORIDA 334a4 Thomas G. Bradford Village Manager Village of Tequesta PO Box 3273 Tequesta, FL 33469-0273 re: County Line Plaza Dear Tom, Enclosed for your information is the original Warranty Deed from Tequesta Associates, Limited Partnership to the Village of Tequesta, relating to the above-referenced matter. Please note that this document has been recorded in Official Record Book 5980, at Page 305. Very trul ;ours, / n C Randolph JCR/a j s � .�.�"��� ��' ;:.;. ��,. , � . . enclosure ,�,� �> ,- � ,� ... cc: Harold S. Bofshever, Esq. %� GQ� �'Q �'F _ /��'�,� Fs '' 9 � , � e � �ca.C� G '� �j� G� b� �� '�� ��� � :�` ` oF �,�� R � �'� /, . ��� . � � ; ,. - ..�-�- � 1 _ ' �-2eturn to: �7ohn C. ndo.lph �� PO.Drawer E West Palm Bearh, FL �3402 - ,:.. - _ _ � WILL CALL # 85 �-_-��-�. - � . l :. o {L�i:,i �.:�'� — ��=_t=�t-..:� d ��R�' ���� #�� ��� 'vil�i lt�: L�� t.tt�{� s J� j vy�k�; P; i'.[C[: :`� _ - � nr. ' - _ � .:'� .._ -. ;i.'-:...... . q ;_, _ ' _ "_,.._....�.. .,__.... ._ _.._.. .' ,.._ SPECIAL WARRANTY DEED THIS INDENTURE, made thi s l � y of /' e�(,���2 �i , 1989 between TEQUESTA ASSOCIATES, LIMITED PARTNERSHIP, a Delaware limited �artnership, having its principal place of business in the County of Palm Beach and State of Florida, Grantor and THE V:[LLAGE OF TEQUESTA, FLORIDA, a Florida municipal corporation, Grantee, having an address at: 357 �equesta Drive, Tequesta, Florida� 334b9. That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS 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 said Grantee, and Grantee's successors and assigns forever, the following described land. situate, lying and being in Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto. Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not servA to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. Said Grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons claiming by, through or under said grantor but against non� other. T ll � T (' (`, 1 ��- /� n + L. L. ��.. i 1 I l,. �. ... .,I ': iir .r11 i��E..., hh�2E0F u� �ui1�01" iidS iiCi 2liiit"v SEt, Gt'8ii��i S iia�iu a�i� 52a1 the day and year first above written. Signed, sealed and delivered TEQUESTA ASSOCIATES, LIMITED PARTNERSHIP in our presence a Delaware limited partnership �-. _ �; Plc�_ �� �' 11�I��c`'� 13Y: � _��° . �,.--� Pe er F. Pantl i n- General Partner �� , � ; �.::; ;� ; � � ' - --- - � , _ a / ? / /; � / I (� �� �„�% ✓ i . . �� �.�/ G��' � � �.�' ./ �' a Y : � a��� , �, , � ,� - � �-�-� ;, ;_. Mark P. Pantlin - General Partner , , �.��' � � % ' � , � � . _ �;�,-' . � i ,�,.- - ,.;-- — �, , ,_ ��, / ' '" �; .,.;�'i'`�:l!;/�_ BY. - `�� �awrence M. Pantlin - General Partner ` ''� ��: �, ' _ ' . � - �= - � � THIS INSTRUMENT WAS PREPARED BY: HAROLD S. BOFSHEVER, ESQ. 1975 East Sunrise Boulevard #800 Fort Lauderdale, Florida 33304 . t y ' STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY, that on thi s-'' �`���a of �� '��' �=,c �' 1g8g, Y /�f � .-r� , before me personally appeared PETER F. PANTLIN, MARK P. PANTLIN and LAWRENCE M. PANTLIN, the sole general partners of TEQUESTA ASSOCIATES, LIMITED PARTNERSHIP, a Delaware limited partnership, to me known to be the persons who signed the foregoing instrument as such general partners and severally acknowledged the execution thereof to be their free act and deed as such general partners for the uses and purposes therein mentioned and that the said instrument is the act and deed of such limited partnership. WITNESS my hand and official seal at West Palm Beach, in the County of Palm Beach and State of Florida the day and year last aforesaid. � � � / �'�/,�-� j � . „ NOTARY PUBLIC � .r �.� � �, MY COMMISSION EXPIRES: NOTAR7 PUBL�C. STATE OF FLORI�A. �iY COb1^.ilti:�(QN EA'rili::�: .°�'._f'7. 14� i9�1. yVt�UEO TNtti� NuTA:�'I �u�3�.ic: UNUERWR3TERYJ f. _ . ._._ ... . , _.. . ___ .. . . J0�0�� � v� EXHIBIT "A" DESCRIPTION COMMENCING at the intersection of the centerline of U.,,S. HIGHWAY NO. 1(SR Nc�. 5) with the North line of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; a�y said centerline is shown on Florida Department of Transportatioti right-of-way map section 93040-2503; thence South 17-17-07 East along said centerline, a distance of 1859.06 feet; thence South :'2-42-53 West, a distance of 51.00 feet to a point in the westerly right-of-way line of U.S. Highway no. 1 as shown on said right-of-way map and �the POINT ��' BEGINNING; thence South 72-42- 43 West, a distance of' 208.00 feet to the Point of Curvature of a curve concave northw�=_sterly having a radius of 700.00 feet; thence southwesterly and westerly along the arc of said curve through a central angle of 17-33-20, a distance of 214.48 feet to a point of the North line of a 50.00 foot wide easement as recorde� ?n Deed Book 1066 Page 364; thence Ncrth E9-�3-47 Wes�: along the said North line, a distance of 414.22 feet; thence South 17-17-07 East, a distance of 52.44 feet to a point on the South line of the said. 50.00 foot �ide easement; �thencP South 89- ;3-47 East along the said South line, a distance of 398.40 feet to the Point of Curvature of a curve concave northwesterly having a radius of 750.00 feet; thence easterly and northeasterly along the arc of said curve through a central angle of 17-33-20, a distance of 229.80 feet; thence North 72-42-53 East, a distance of 208.00 feet to point on the said westerly right-of-way line of U.S. HIGHWAY NO. l; thence North 17-17-07 West along said westerly right-of-way line, a distance of 50.00 feet to the POINT OF BEGINNING. CONTAINING 0.960 acres, more or less. � SNEET t OFZ � �EV: ��� „ MOCK, R�JOS �. ASSOCIATES, INC. sK��-cN oR PROPoSsp SCaIE: N�A F+ ELD: N/,� �� 'E(� ENGINEERS � SURVEYORS • PLANNERS RoAD R/W onrE:S�PT. i9se� DRAWN: TMS I. , ���i�� ������ AS f'REP�4REO �oR P_A. N0 �?� - F9 n� . wEST Pa� r� AFnr,��. Fi n��na , , , .. _ . . . ., _ o i , v �o:�u '� ' ... �� ExHIBIT "A" continued 3 ,�, s � � � , Z go3� � � o 5 �� a'' 9� • �, ' •�" y M y �S a ��.� l �° ° � 9 0 � � ��50. oo' � I P � p,o ��5 ��S N � . i� 0� � � � � � o S �� � � o ��� � PO$ o � �� � � � o °�I 3 r I o � ' m a ; cs , °� �, �. � a I r � �`� I a � • N I � r— 3 � � `� I � w t � v . -� cA c � W � `t I ` I p Q -� tn O� d N cD Np I p. z =� Q. a .� . � � �, , I ° `" °' , c•y o u, . cv 2 �• � � r^N N r r ' � ,,., r r � � '� Q t .� r � G � ,. � Q I � v C � _ V � W z `� �� a� � a . . o N Q N m Q � � � '� = W � ^ a v � tn v v . � � i � si, ,�, ��� E � 52• A4 � �� I � W �n i / ' �� � � 3� I R�c:��� VE�I���� �' I PAL.Ni L'tl�C;-I CO�liVTY, FL_.�. �� m JOHN B. DUh�KLE p SK�"r'cN, NoT,� SuRYey ��� c��w`�r�����=��rccuR� I � aEV MOC K, RfJOS �. AS SOCIATES, INC SKETGN OF PRO�os�o SCALE: 1 "= �oo' � FiE�D. N�A , !t ENGINEERS • SURVEYORS • PLANNERS RdAD R�W DA7E: SEPT. 19843 ' `�i; j PREPA,REA FOR ��RawN TMS I ��• WEST PALM BEACH, FLORIDA P.A. N08lo'15�05 � T�QUESTA ASSOC. � �ParnrFO S V N __ .�lii�rf,l ,: ... ( ,� i . ,..,.� A �._., � _ , , ..:_: :--- :- _ _-- ' � _ __ , _. . _ _ _. , - _ ..,_ - . 1 � ' � Please retur I COUNTY LINE PLA ri t0: Z A John C. Randolph NAME OF PROJECT Jones, Foster , Johnston & Stubbs, P.I�. P . 0 . Dravaer E West Palm Beach, FL �3402 - - - � -- - - = �- - I�EVELOPER AGREEMENT __.,=-- THIS AGREEMENT mader and entered into this � ° ,19.�, .bY and between, daY of hsreinafter referred to as "Developer", and Te � Department, hereinafter referred to as Utility. �e Water WHEREAS Developer owns or controls lands located in the Utility service erea, and described in Exhibit "1�►", attached hereto . and made a part hereof as if fully set out in this hereinafter referred to as the "Pro er paragraph and develop the Property by erectis� p thereonn d individuallntends to residential units, commercial unitsg or a combination of thesee WHEREAS Developer �esires that the Utility provide water service for Developer's Pr�perty herein described; and WHEREAS, the Utility is willing to provide, in accordance with the provisions of this Agreement and Te Service Policies, water service to the prose= water Department operate applicable facilities so that the x upant� improvements on the Proper�y will receive an adequate water supply. NOW, THEREFORE, for end in consideration of the premises, the mutual undertakings and agreements herein contained and assumed, Developer and Utility hereby covenant and agree as follows: 1• The foregoing st:atemants are true and correct. 2 • The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless iche context in�dicates a different meaning: ��) '�NS�MER INSTALL�TION" - All facilities ordinarily on the consumer's side of the point of delivery. � B) "DEVELOPMENT PH}�►$$" - �► subdivi sion Ot Vens�ructio.: �:�aase of the construction �f utility facilities on the propert�. (C) "EQUIVALEN'T RESIDENTIAL CONNECTION (ERC W factor us+ad to convert a given average daily f�ow (�F) to the equivalent number of � residential connection:s. For this purpose the averaqe d�,aily flow of one equivalent residential connection (ERC) is 350 gallons per day (gpd). The number of ERC's contained in a given ADF is determined by dividing that ADF by 350 gpd. �D� "POINT OF DELIVERY" - The point where the water lines or meter(s) of the Utility are connected with the water lines of the consumer. Unless otherwi�e indicated, the point of delivery. shall be the customer's side or discharge side �f the water meter(s) that will be utilized for delivery of water s6rvice. The Utility shall, accordinq to the term$ and conditions hereof, own aii pipes and appurtenances to the pc►int of delivery uniess otherwise agreed upon. The� pipes and appurtenances outside the point of de�livery shall belong to others. . �E) "PROPERTY" - The area or parcel of land described in Exhibit "A" by legal description. Page 1 i.� L' S �� �� .L. �'.^t `i i . �� ] ] . ` ' _ � � COUNTY LINE PLAZA NAME OF PROJfiCT (F) "SERVICE" - The readiness and abili of the Utility to furnish and ma i ntain e wate service to the point of delivezy for each lot or tract pursuant to applicable rules and requlations of applica�ble regulatory agencies. 3• Assurance of Title -�►t the time of execution of this Agreement the Developer agrees to deliver to the Utility a copy of Title Insurance Policy or an opinion of title from a attorney-at-law, with respect to the Pro er �elified include a current report on the statuspoftthewtitle�psettinghout the name of the legai title hoiders, the outstandinq mortgages, �axes, liens and covenants. The provisions of this paragraph are for the purpose of eviden�cing Developer's legal right to grant the exclusive rights of service contained in this Agreement. 4• Connection Char�es - In addition to the contribution of any water distribution s�stem, where applicable, and further to induce the Utility to psovide water service, Developer hereby agrees to� pay to the u�tility, connection charqes aa defined in exhibit B . Payment of the connection charges does not and will not reault n the Utility waivinq any of its rates or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by Developer making payment of same. The Uti2i not be obligated to refund to Develo er an tY ahall the connection charges for any reaso� whatsoever�fnore8hallethe Utility pay any interest or rate of interest upon the connection charges paid. Neither Developer nor any person or other entity holding arsy of the Property by, through or under Developer, or otherwise, shall have any present or future right, title, claim or interest in and to the connection charges paid to the Utility. 14ny user or consumer of water service shall not be entitled to offset any bill or bills rendered by the Utility for such service or seavices against the connection charqes paid. Developer shall not be entitie� to caffse� th� ���ectic^ ��:��y�� n���, �,� �;;s �1ai� or claims of the Utility including claims for breach of c�n�rac�, damages, or charges of the like of the Utility. 5• Pa ent - Devel�oper shall pay, in full, connection harges at the time of execution hereof. 6 • Equivalent Resi�3ential Connections Reserved �he parties agree that the capacity needed to provide service to the Property is 76 equi�al�nt residential connections (ERC's) for water supply. Develo�er agrees that the nwnber of units of capacity reserved hereby �hall not exceed the number of units of development for which cap�city is rese�ved hereby pursuant to Exhibit "B". 7. On-Site installai:ian - Ta induce the utility to provide the water treatment facjLlities, and to continuously provide consumers located on the Property with water service, unless otherwise provided for herein, Developer hereby covenants anci agrees to construct and to transfer ownership and control to the Utili��, th� on-site ;�Q�er Eii3trfDUZiOA systems referred to in Exhibit "B" hex�ein. Page 2 / � i { r . ., �OUNTY LINE PLAZA � NAMfi OF PRO�7gC? Developer shall caufse to be prepared five (5) copies of the applications for permits and e sufficient number of sets of finalized engineerinq pl�ns prepared and sealed b a engineer registered in �he State of Florida (Utili professional four (4) sets), alonq with a �o tY wili retain quantities covering all contract it ms that to dedi ated to the Utility. Pians shall show the on-site water distribution system proposed to be installed to provide service to consumers within the Property. Such plana will also show the interconnection of such on-site facilities to the off-site facilities of the Utility or off-site facilities that may be constructed or others and given to the Utility. Such detailed plans may limited to the first development phase only, and subsequent phases may be furnished from time to time. However, each such develo phase shall conform to a master plan for the develo �°ent Property and such master plan shall be submitted t p the t Uti2ity concurrent with or prior to submission of engineerinq plans for the first development phase. Developer reserves the right to modify his master pian any time in such e manner es to not unduly interfere with the Utility�s eziatinq facilities and upon modification, shall submi�t four copies of the modified plan to the Utility. The cost of an;y modifications to the Utili systems or to its Mast�er Plan that are caused by Developerns modifications or changes shall be borne by Developer. Deveioper ahall cause his engineer to submit specifications governing the material to be used and the method and manner of installations. �►11 auch plans, specifications and shop drawings submitted to the Utility shall meet the minimum specifications of the Utili shall be subject to the approval of the Utility � 8 nd ahell not be unreasonably withheld. The Utili • which approval to review the revised Master Pian and recalcuiateet e8�onrieection charqes that are to be paid by the Developer at the time the revised Master Plan is submitted. until the Utili No construction shall commence ty and appropriate regulatory agenciea have approved such plans and specific�tiona in �rritinq. When permits and approwed plans are returr�ed by appropriate regulatory agencies to Developer, D�veloper shall submit to the Utili#�. one �n� �� �p�,�T Pern►�t(sj and approved plans. If construction commences prior to all such approvals and any other approvals required hereunder, �he Utility shall have no responsibility to accept such 2ines or facilities nor to perform rout3ne inspections of such lines or facilities, and the Utility may elect to terminate this Agreement �nd/or not provide service to Developer until auch time as Developer obtains such required approvals and the Utility has witnessed all of its require�d inspections and tests. Aft�r the approval of plans, specifications and shop drawings by the Utility and approp:riate regulatory aqencies, Developer, or the engineer of record, sh311 conduct a preconstruction conference with engineer of record, utility contractor, appropriate buildinq official(s),, all other utility companies involved in the development of the Property, and Tequesta Water Department. Developer shall provide to the Utility's inspector a minimum of forty-eight (48) hours notice, excluding weekends and holidays, prior to commencement of construction. Developer shall cause to be constructed, at Developer°s �� �o�t and exgense, the wates distribution system as shown on the approved pians and specifications. Page 3 I , ; � • . COUNTY LINE PLAZA �, � NAME OF PROJECT During the const:ruction of the water distribution system by Developer, the Ut�.lity shall have the right to inspect such installations to determine compliance with the approved plans and specifications. The engineer of record shall also inspect construction to assure compliance with the approved plans and specifications. The Utility engineer of record and utility contractor shall be present for all standard tests for pressure, exfiltration, line and grade, infiltration and all other customary engineering tests to cletermine that the systems have been installed in accordance with t:he approved plans and specifications, good engineering practices;, and American Water Works Association criteria as well as other federal, state�and local regulations which are applicable. Upon completion of construction, Developer's engineer of record shall submit to the Utility a signed copy of the certification of completion submitted to the appropriate regulatory agencies. A copy of the bacteriological results and a sketch showing locations of all sample points shall be included. The engineer of record sh.all also submit to the Utility ammonia mylars of the as plans prepared and certified by the engineer of record, and ammonia mylars of the recorded plat, including the dedication sheet(s). By these presents, Developer hereby covenants to transfer to the Utility title to all water distribution systems installed by Developer or Developer's contractor shown in Exhibit "B" of this Agreement dealing with those potable water supply facilities that will be transferred from Developer to the Utility, pursuant to the provisions of this Agreement. Such conveyance shall take effect at the time the Utility issues its final letter of acceptance. As further evidence of said transfer of title, upon the completion of the installation, but prior to the issuance of the final letter of acceptance and the rendering of service by the Utility, Developer shall: (A) Convey to the Utility, by notarized bill of sale in form satisfactory to Utility's counsel, the water r distribution system listed in Exhibit "B" as constructed by Developer and approved by the Utility. (B) Pr�v;de LTti1'��L �aith ccgies L� �a�aic�s i�;,.-„ con�rac'�o� for installation of the utility systems b�ing dedicated to Service Company, including eng3neering design and inspection fees so paid. (C) Furnish proof satisfactory to the Utility that the installation of the facilities and all contractors, subcontracto�:s, materialmen, laborers and engineers have been paid :in full (ie: by release of lien or other appropriate rneans). (D) Warrant and0or guaranty all utility facilities being dedicated to the Utility against faulty workmanship and � defective materials for a period of one (1) year from the date of the Utility's final letter of acceptance. Also, Developer shall assign any and all warranties and/or maint�enance bonds and the rights to enforce same to the Utility which Developer obtains from any contractor c:onstructing the water system. Developer shall remain secondarily liable on such warranties. If Developer does not obtain such written warranty and/or maintenance bond from its contractor and deliver same to the Utility, which warranty and/or maintenance bond Page 4 � � ; � � � COUNTY LINE PLAZA NAMB OF PR0.7SCT shall be for .e minimum period of one year, then in such event, Develo�per, by the terms of this J�greement, covenants to imdemnify and save harmiess the Utility for �y loss, damages, costs, claims, suits, debts or demands by rea�on of defects in the systems for a period of one year :from the date of the final letter of acceptance by tlze Utility. (E) Provide the U�ility with all appropriate operation / maintenance and parts manuals. (F) Further cause to be conveyed to the Utility, free and clear of all encumbrances, all utility easements and rights-of-way covering areas in which water systems are installed, or otherwise required, in recordable form satisfactory tu the Utility's counsel. the Utili y Q If applicable, association mc:ooperative �o= �vendee Property. the The Utility agrees that the issuance of the final letter of acceptance for the water distribution system installed by Developer shall conatitute the assumption of responsibility by the Utility for the continuous operation and maintenance of such systems from that date forward, sub�ect to the terms and conditions contained herein. Whenever �the development of the sub,�ect pro e involves one c�nsumer or a uni p � conswaers, and/or in the opinion of Utility ownerahip by the Utility of the internal water distribution system is not necessary or proper, then at the option of the Utility, Developer ahaii retain ownerahip and the obligation for maintenance of such on- site water faci7lities located on the discharge side of a master meter located on the consumer's side of the point of delivezy. jn the event that the Utility, for Whateves reason, does not take possession, ownership and control of on-site facilities constructed by the developer, and provides master metered service to the developer for the use of several customers within the on-site facilities, the developer shall be required to: (A) Main�ain water quality at each individual outlet which is in compliance with all prima�ry and secondary standards promulgated by the Florida Department of Environmental Regulation, or County Health Department. At no time shall such water quality standards be required to be in excess of those attained at the Utility's point of delivery to the master meter. Page 5 � ,_ ; - - . _ � ' i , ` COUNTY LINE PLAZA 1 N1�►Mfi OF PR0.7SCT (B) Institute a program of line flushing in order to help in the reduction c�f sedimentazy deposits in the developer's on-site lines, and reduce the possibility that water quality standards will fall below those required by aub- section "�►" above. Such line flushinq shall be conducted in accordance wlth reasonable engineering standards as necessary to meet the objectives as outlined herein. Such flushing shall xcur at a minimum of not less than Developer shall provide the Utility a ninimum of 48 hours notice of the time and place of such flushinq. The Utility sh�ll send its representative to observe such flushings and record the amount of water used for that purpose as indicated by the master meter. Developer shall be solely and directly responsible for the cost of atl water used in the flushinq of his on- site facilities„ such billing and collection to be conducted in ac;cordance with the provisions of the Utility's approvqd ordinances and/or policies. (C) Developer shall be responsible for maintaininq all on- site water facilities in accordance vith reasonably t ederi9htngtoee inspect ta the rd facilities t of i he8hall have during reasonab2e business hours u developer the deveioper. If the Utility deter�inea that Developer has failed to comply with the provisions of this section, U'tility shall provide an ezplanation of the reason for such violation at which Developer shali have twen point the as 1s reasonably necessazy�2to �=rect the deficiencye Upon failure to do eo, Utility ahell have the power and right to discontinue sezvice in accordance With the provisions of its epproved ordinarices and/or policies for non-payment of bills. 8• OFF-SITE INSTALL�TZON Developer may be requfred to construct, at his sole ex�ense, certain off-site vater facilities in order to connect Develop�r's on-site facilities to the Utility's existing water system. Im addition, Developer may be res�uired to ��d��a�e s�3 a: � g, +�� s��d off-s3te water fa�;ilitie�s to the Utility for ownership, maint�nance and operation. All provisions in Section 7 above, entitled On-Site znstallations, pertainin ito s ecifications lans �provals shall also be a p � p . permits and �onstruction. PP�icable to all off-site Water facilities 9. EASEMENTS - Developer hereby grants and gives to the Utility, its successors and assigns, but subject to the terms of this Agreement, the exclusi�►e right or privilege to construct, own, maintain or operate the water facilities to serve the Property; and the exclusive right or privilege to construct, own, maintain, alter, replace and operate said facilities in, under, upon, over and across the present and future streets, roads, alieys, easements, reserved utility� strips and utility sites, and any public place as provfded arnd dedicated to public use in the record plats, or as provided for in agreements, dedication� or grants made otherwise, and is independent of said record plats. Developer shall obtain any and all necessary off-site easements that may be required in �rder to carry out the terms, conditiona and intent hereof, at Developer's expense, and shall convey same to the Page 6 � COU�TY LINE POAZA NAME OF PROJECT Utility in accordance w�ith this paragraph. Mortqagees, if any, holding prior liens on the Property shall be required to release such liens, subordinate their position or �oin in the grant or dedication of the easementa or rights-of-way, or qive to the Utility assurance by way of a"non-disturbance agreement', that in the event of foreclosure, mortgagee would continue to recognize the easement rights of the Utility, as lonq as the Utility complies with the terms of thia Aqreement. �11 water dlstribution fscilitiea, save and except consumer installations, shall be covered by easements or rights-of-way if not located within platted or dedicated roads or rights-of-way for utility purposes. Developer hereby further agrees that the foregoing grants or promises of grants include the necessary riqht of inqress and egress to any part of the Property upon which the Utility is constructing or operatinq such facilities: that the foregoinq grants shall be for such period of time as the Utility or its successors or assiqns re�quire such rights, privileqea or easements in the construction, ownership, maintenance, operation or eapansion of the water facilities, that in the event Developer and Utility agree that the Utility is to install any of ita water facilities in lands within the Property lying outside the streets and easement areas described above, then Developer or the owners ahall grant to the Utility, without cost or expense to the Utility, the necessary easement or easementa f��r auch "private property" installation; provided, all auch "private property" installationa by the Utility shaii be made in such n manner as not to interfere with the then primary use of auch "Private Property". The Utility covenants that it xill use due diligen�ce in ascertaininq all easement lxations; however, should the Utility install any of its facilities outside a dedicated easement aree, the Utility will not be required to nove or relocate any facilities lying outside a dedicated easement area, so long as the facilities do not interfere with the then or proposed us9 of the er�a in which the facili�ies have been installed, and so long as the Utility obtains a private easement for such facility Iocation, which Developer will give if same is within his reasonable pow�r to do so. The use of easements qranted by Developer other Utility shall preclude the use by other utilities of these eas0ments, auch ea for cable televiaion, telephone, electric, or q�s utilities, or a� otherwise agreed to by ��� Utilit-�. In the event Devr�loper faiis to actually deliver auch easement, this document �;hall serve as the Utiiity's authorization to substitute this Agreernent as a recorded easement sufficient for the Utility's needs. The Utility hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water industry with respect to the installation and maintenance of all its facilities in any of the easement areas. However, this provision shall not be construed so as to require the Utility to restore those improvements constructed, installed or planted wii:hin the utility easement which are not in accordance with the estab�ished and generally accepted practices of the water industry with respect to the use of utility easements. Page 7 , ' ' ,' COUNTY LINE PLAZA NAM� OF PROJECT 10. AGREEMENT TO SERVE - Upon the completion of construction of the on-site and off-site water facilities required hereunder Dy Developer, its inspection, the issuance of the final letter of acceptance by the Utility, ar�d when all appropriate governmental agency approvals have been received, the Utility covenants and aqrees that it will coruiect or oversee the connection of the water distribution facilities instelled by Developer to the central facilities of the Utility in accordance with the terms and intdnt of this 1�qreement. Such connection shall at ali times be in accordance with rules, requlations an�l orders of the applicable governmental authorities. 4'he Utility agrees that once it provides water service to the Property and Developer or others have connected consumer installation to its system, that thereafter the Utility will continuously provide, at its cost and expen,se, but in accordance with the other provisions of this Agreement, includinq rulea and regulations and rate schedules, water service to the Property in a manner to conform with ell requirements of the appiicable governmental authority having ,�urisdiction over the operationa of the Utility. 11. APPLICJ4TION FOR SERVICE: CONSUMER INST?�LLJ�TIONS Developer, or any owner of any parcel of the Property or any occupant of any residence, building or unit located thereon shall not have the right to and shall not connect any consumer installation to the facilities of the Utility aintil formal written application has been made to the Utility by the prospective user of water service, in accordance With the then effective rules and requiations of the Utility and approvai for such coru�ection has been granted. Although the respons�bility for connection of the consumer installation to the meter and/or lines of the Utility at the point of delivery is that of the Developer or entity other than the Utility, with reference to such connectiona the parties aqree as follows: • (1�) AF,proved ��ackfiow preventers must be installed prior to th�e Utility providing meters and service. (B) Applicatiora for the installation of water meters shall be made seventy-two (72) hours in advance, not including Saturdays, Sundays and holidays. (C) Al1 consumer installation connections must be inspected by the Utility before backfilling and covering of any pipes. (D) Notice to the Utility requesting an inspection of a consumer instaliation connection may be given by the plumber or Developer, and the inspection will be made within twenty-four (24) hours, not including Saturdays, Sundays and holidays, provided the water meter and backflow preventer have been previousiy instailed. Page 8 . C�UNTY LINE PLAZA , � , NAME OF PROJECT If the Utility fails to inspect the consumer installation connection within forty-eight (48) hours after such inspection is requested by Developer or the owner of any parcel, Developer or owner may backfill or cover the pipes without the Utility's approval and the Utility must accept the connection as to any matter which could have been discovered by such inspection. (E? If the Developer does not comply with the foregoing inspection provisions, the Utility may refuse service to a connection that has not been inspected until Developer complies with these provisions. (F) The cost of constructing, operating, repairing or maintaining consumer installations shall be that of Developer or a party other than the Utility. 12. THE UTILITY'S EXCLUSIVE RIGHT TO UTILITY FACILITIES - Developer agrees with the Utility that all water facilities accepted by the Utility in connection with providing water service to the Property (including fire service}, shall at all times remain in the sole, complete and exclusive ownership of the Utility, its successors and assigns, and any person or entity owning any part of the Property or any residence, building or unit constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities or any part of them, for any purpose, including the furnishing of water service to other persons or entities located within or beyond the limits of the Property. 13. EXCLUSIVE RIGHT TO PROVIDE SERVICE - Developer, as a further and essential consideration of this Agreement, agrees that Developer, or the successors and assigns of Developer, shall not (the words "shall not" being used in a mandatory definition) engage in the business or businesses of providing potable water service to the Property during t�ie period of time the Utility, its successors and assigns, provide water service to the Property, it being the intention of the parties hereto that under the foregoing provision and also other provisiuns of this Agreement, the Utility shall have the sole and exclusive right and privilege to provide water service to the Property and to the occupants of such residence, building or unit constructed thereon. 14. RATES - The Utility agrees that the rates to be charged to Developer and individual consumers of water service shall be those set forth in tlze ordinances and/or policies of the Utility. However, notwithstanding any provision in this Agreement, the Utility, its successors and assigns, may establish, amend or revise, from time to L in the future, and enforce rates or rate schedules so established and enforced and shall at all times be reasonable and subject to regulations by the applicable governmental agency, or as may be provided by law. Rates charged to Developer or consumers located upon the Property shall at all times be identical to rates charged for the same classification of service, as are or ma�,� be in effect throughout the �ervice area of the Utility. Notwithstand�ng any provision in this Agreement, the Utility may establish,. amend or revise, from time to time, in the future, and enforce ru7Les and regulations covering water service to the Property. However, all such rules and regulations so established by the Utility shall at all times be reasonable and subject to such regulat��ons as may be provided by law or contract. Page 9 . i , � _ . . . . . .. � CniTNTY T INE PLAZA NAME OF PROJECT Any such initial or future increased rates, rate schedules, and rules and regulations established, amended or revised and enforced by the Utility from time to time in the future, as provided by law, shall be binding upon Developer; upon any person or other entity holding by, through or under Developer; and upon any user or consumer of the water service provided to the Property by the Utility. 15. BINDING EFFECT OF AGREEMENT - This Agreement shall be binding upon and shall inure to the benefit of Developer, the Utility and their respective assigns and successors by merger, consolidation, conveyance or otherwise subject to the terms and conditions of this agreement as contained herein. Developer understands and agrees that capacity reserved hereunder cannot and shall not be assigned by Developer to Third Parties without the wr�tten consent of the Utility, except in the case of a bona fide sale of Developer's property, or other valid transfer or assignment of property, including without limitation, the transfer or assignment of the property as a result of a judicial proceeding such as mortgage foreclosure or sale, and assignment for the purposes of obtaining financing. In any such case, the Developer shall provide a Notice or evidence of such assignment, or partial assignment as the case may be, to the Utility and the Utility shall have the right to r�enegotiate the terms of this Agreement with assignee or the tran�feree. Such approval to sale, transfer, or assignment shall not be unreasonably withheld. Nothing herein shall preclude sales of individual units and assignment of rights of water service pertaiming thereto. 16. NOTICE - Un�til further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, by mail or by telegram, and if to Developer, shall be mailed or delivered to Developer at: and if to the Utility, a:: Tequesta Water Department t.0. Box 3474 357 Tequesta Drive Tequesta, Fla. 33469 Attn: Water System Manager 17. LAWS OF FLORIDA - This Agreement shall be governed by the laws of the State of Florida and it shall be and become effective immediately upon execution by both parties hereto, subject to any appro��al which must be obtained from governmental authority, if applicable. 18. COSTS AND ATTORNEY'S FEES - In the event the Utility is required to enforce this Agreement by Court proceedings or otherwise, by instituting suit or otherwise, then the Utility shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees. Page 10 � COUNTY LINE PLAZA) NAME OF PROJECT 19. FORCE MAJEURE In the event that the this Agreement by the �Utility to this Aqreement is ented or interrupted in consequence of any cause beyond the control of the U�ility, including but not limited to �cts of God or of the public enemy, war, national emergency, allocation or of other qovernmental restrictions upon the u�e or availability of labor or materials, rationing, civil insur�cection, riot, raciel or civil riqhts disorder or demonstratio:i, strike, embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casuai catastrophe, unforeseeable failure or breakdown dofa$ter or transmission or other facilities, eny and ell governmental ru es acts or orders or restrictions or regulations or requirements, acts or action of any governm�nt or public or governmental authority cr commission or board or a5tency or agent or official or officer, the enactment of any statute� or ordinance or resolution or requlation or rule or ruling or �rder, order or decree or �udgment or restraining order or in�wnction of any court, said party shall not be liable for such non-performance. 20 • INDEMNIFICATION - Developer aqrees to indemnify and hold the Utility harmless fro�m and aqainst any and all liabilities, claims, damages, costs and eupenses (inciudi attorney's fees) to which the Utility may become sub n ect reasonable of or arising out of Developer's breach or non � � re �►qreement. This indemnification provision shallpsurvive e�actual connection to the Utility's water aystem. MISCELLANEOUS PROVISIONS 21. This �greement $upersedes all previoua aqreements or representations, either v�erbal or written, heretofore in effect between Developer and the �Utility, made with respect to the matters herein contained, and wh�n duly executed, fully conatitutea the aqreement between Developer and the Utili . alterations or variations of the terms of thi �greementdshallnbe valid, nor can proviaion� of this Agreement be waived by either Perty, unless such addit:tons, alterations, variations or Waivers are expressed in writing anci duly siqned by all signatures herein. 22• S�i tr� even� �;=a} G�velope: does not mcve forw�rd with development of the Property within twelve months from the date of this Agreement, this Agreement shall become null and void. 23• Whenever the si.ngular number is used in this Aqreement nd when required by thE� context, the same shall include the plural, and the masculine�, feminine and neuter genders shall each include the others. 24. Exhibits mentior�ed herein have been signed or initialled by the duly authorized officers, agents or attorneys of the parties hereto and are hereby incorporated herein by reference and made a part hereof as fully as if set forth herein. 25. The submission of this Developer Agreement for examination by Developer does not constitute an offer but becomes effective only upon execution thereof by the Utility. 26. Notwithstanding the gallonaqe caiculations that could be made hereunder relative to ERC's, by and execution hereof, Developer agrees that the intentioii of this Agreement is to reserve a given number of units of capacity for the property described in Exhibit "A" and not for purposes of any other calculationa. Page 11 • '� !'�" ... ' . L . � .' 'r��. ;+..:� g COUNTY LINE PLAZA NAME OF PROJECT 27• It is agreed by and between the parties hereto that all words, terms and conditions contained herein are to be read in concert, each with the c�ther, and that a provision contained under one heading may be con�sidered to be equally applicable under another in the interpretation of this Agreement. 28 • The parties h.ereto recognize that prior to the time the Utility may actually comm,ence upon a program to carry out the terms and conditions of this Agreement, the Utility may be required to obtain approval from various state and local authorities having jurisdiction and regulator gO°ernmental construction, maintenance, and operation of thep�Utilitver the Utility agrees that it will diligently and earnestly, T at Developer's sole cost and expense, make the necessary and proper applications to all governmental authorities and will same to the end and that it will use its best effortsptosobtain such approval. Developer, at his own cost and expense, agrees to� provide necessary assistance to the Utility in obtaining the approvals provided for her�ein. 29. Regardless of where executed, this Agreement shall be construed according to the laws of the State of Florida. 3 m• In the event that relocation of existing water and sewer utilities are necessary for the Developer, Developer will reimburse the Utility in full for such relocations. 31. The Utility shall, at all reasonable times and hours, have the right of inspection of Developer's internal lines and facilities. This provision shall be binding on the successors and assigns of the Developer. 32. There shall b� no liability whatsoever on the Utility for failure to deliver water service to Developer according to ' Developer's needs or schedules. This Aqreement constitutes a promise of good faith and not a time table for delivery of utility services. 33. Each party hereby agrees to assurances and provide such additional doguments may required, each by the other, in order to carry out the terms, conditions and comply with the express intention of this Agreement. 34 The Developer will be invoiced for reimbursable expenses bY the Utilty. These expenses will include but not be limited to: Utility Engineer expense,s, secretary time, computer time and associated items related to this project. Page 12 , _. _ . '.. _C'CITTNTY T,TNF PLAZA NAME OF PROJECT IN WITNESS WHEREOF, Developer and the Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an origina7. executed copy of this Agreement. WITNESSES: THE UTILITY: Tequesta Water Department P.O. Box 3474 357 Tequesta Drive Tequesta, Fla. 33469 � - `-�zL� � � ' ' ' . _ sY � - � � Thomas G. Bradford, Village Manaqer DEVELOPER: --� - ---� .� . . _, ; , : �. „ . , .- ___ '�y :'�t�-i��''-�'°Z-- B , - -t �. °- y � � JOINDER AND CONSENT OF PROPERTY OWNER (�f Other than DPVelope�): (Please print/type name & title) MORTGAGEE JOINDER (if applicable) By , (Please print/type name & title) By (Please print/�ype name & title) Page 13 ; i � � �`�TTNTY L�NE PLAZA P1AME OF PROJfiCT FOR UTILITY: ) STAiE OF FLORIDA ; g COUNTY OF PALM BF.a►CH , �,�� The foregoir�";�nst en�i�s acknow - ed before me this / day of —� .� ���,� Bradford, Village Manaqer n behalf ' 19 `��• by Thomas G. of the Utili- -- . - l �_, / i�= � � ,� _ / �:,�%� �--c My Commission Expire�: Notary Publ � ``-��`". `. State of a. . �* :�,���,� ; FOR DEVELOPER: �i�s� �%�m�niss,or, �,;�s:,es `: I, _.� � . �CEO�f ZC� lJ�� : � � j :� ,r, •:+� �ttfU �i�ti�f2i If + � / � °' ` STATE OF FLORIDA ; L'noe,�vr�ters �'``� �- - , 88 , .':..� o .� . �'��m:;0000;°ML,�;`+ .. COUNTY OF PALM BEACH The foregoinq instrwaent was acknowledqed before me this of � �- day of ,�� _ � -` ;� , 19 �� ` , by / rf"i� �'�- ,�� of the >� _ ;���' � ��.., ��� � ,, a �..�� �, ��, �,���,,�,, �,� ,�� ; .�. on beh °�ee�ation. ��, alf ,� 1 s,cy;'�"i�,,,•'�: :� � '.'�. r9y Coaunisaion Expires a+or,,R FteL,c STATE OF FLORIDA. NOtBZY PUbl�C '-" �Y ��h91H�SS10N EXPIRES: SEP7. 14, 1931. .StBte Of Fla • R `'� �ONDED THlly/ f.�pTARY PUBL�C UNOE RWRITER3. ���� . �� � " ... o r�..� �,:�, FOR MORTGJ�GEB JOINDBR: ° `. ' � ,, � t o o °,� ' ST�Tfi OF FLORIDA ; gs - .,\�,:�;, COUNTY OF PALM BEACH , The foregoing i�strument was acknowledged before me this o _ day of � , 19 , of the corporation. � a' corporation, on behaif My Commis�ion Expires: Notary Public State of Florida at Large FOR PROPERTY OWNER ;TATE OF FLORIDA ) COUNTY OF FLORIDA � � ) The foregoing ir�strument was acknowledged before me this of day of , 19 , by • 8 corporation, on behalf of the corporation. - Notary Public My Commission Expires: State of Fia. at Larqe Page 14 w , } ` ' _ . . _ _... __. i _. __, COUNTY LINE PLAZA N1►ME OF PROJfiCT PRCIPERTY DESCRIPTION See Page 15A for Description. WITNESSES: DBVfiLOPER: � ���' j� � _ _�i��: .�- � � -'��G-��'- gY �� �� �.n ,c.c � ��'�2�� EXHIBIT "A" Page 15 r r , __ PARCEL 1 That part of the south 450 feet of Government Lot l, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, lying west of a line which is 51 feet westerly of the baseline of survey according to the right of way map for State Road No. 5, Section 93040-2503 prepared by the Florida Department of Transportation more partic��larly described as follows: Beginning at the southwest corner of Government Lot l, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; run thence North 00°12'12" west, along the west line of saicl Government Lot 1, a distance of 450.01 feet to a point in the north line of the south 450 feet of said Government Lot l; thence south 89°57'08" east, along said north line, a distance of 809.77 feet, more or less, to a point in a line which is parallel with and 51 feet westerly from measured at right angles to the baseline of survey according to the right-of-way map for State Road No. 5, Section 93040-2503 prepared by the Florida Department of Transportation; thence south 17°17'07" east, along said parallel line, a distance of 471.42 feet, more or less, to a point in the south line of said Government Lot 1; thence north 89°57'08" west, along said parallel line, a distance of 948.24 feet, more or less, to the point of beginning. PARCEL 2 Commencing at the intersec�tion of the centerline of U.S. Highway No. 1(SR No. 5) with the north line of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; thence southeasterly along said centerline a distance of 1875.19 feet; thence westerly parallel with the north line of Section 30, a distance of 53.49 feet to a point in the westerly right-of-way line of the 102-foot wide right-of-way for U.S. Highway No. 1, as shown on Florida Department of Transportation right-of-wa�� map section 93040-2503, and the Point of Beginning of the herein described parcel; run thence South 72°42'S3" West, a distance of 208.00 feet to the point ��f curvature of a curve concave northwesterly having a radius of 700.00 feet; thence southwesterly and westerly along the arc of said curve through a central angle of 17°33'20"; a distance of 214.48 feet to a point on the North line of that certain 50-foot wide road easement described in Deed Book 1066, Page 364, of the Public Records of Palm Beach County, Florida; thence westerly along the north line of said easement; and parallel with the North line of Section 30, a distance of 289.22 feet, to the southeast corner of property described in Deed Book 1097, Page 379, of the Public Records of Palm Beach County, Florida; thence northwesterly parallel with the westerly right-of-way line of U.S. Highway No. 1, and running along the East line of said property described in Deed Book 1097, Page 379, a distance of 250 feet; thence westerly parallel with the North line of Section 30, and running along the north line of parcel described in Deed Book 1097, Page 379, a distance of 125.00 feet; thence southeasterly, parallel with the westerly right-of-way of U.S. Highway No. l, a distance of 250.00 feet to the southwest corner of parcel described in Deed Book 1097, Page 379; thence westerly along the westerly extension of the South line of Parcel described in Deed Book 109i, Page 379, a distance of 83.91 feet to a line parallel with and 80 feet westerly from, as measured at right angles to, the West Line of parcel described in Deed Book 1079, Page 379; thence northwesterly along said parallel line, a distance of 250.00 feet to the westerly extension of the northerly line of parcel described in Deed Book 1097, Page 379; thence westerly along said northerly line a distance of 37.87 feet; thence northwesterly parallel with the westerly right-of-way line of U.S. Highway No. l, a distance of 345.74 feet, more or less, to the South line of the northwest quarter (NW 1/4) of the northwest quarter (NW 1/4) of said Section 30; thence South 89°57'O8" east along said South line, a distance of 26.19 feet to the southeast corner of the northwest quarter (NW 1/4) of the northwest quarter (NW 1/4) of said Section 30; also being the northwest corner of Government Lot 2 of said Section 30; thence easterly along the North Line of said Government Lot 2, a distance of 948.24 feet, more or less, to the said westerly right-of-way line of U.S. Highway No. l; thence southeasterly along said westerly right-of-way line, a distance of 499.71 feet to the point of beginning. Containing a total of 20.577 acres more or less in Parcel 1 and 2. Prepared for Tequesta Associates, by Sanford V. Howard, 9-13-88 Mock, Roos & Associates, Inc. Refer Drawing No. 40-43-30-9 and A-1700 P.A. 86159.05 Page 15A , , . � . �. , _ .. _ Count,y ]�� i�e I'] �za NAME OF PROJECT CONNECTION CHARGES The Developer a rees to provide service, g pay� in order to induce the Utility to Facilities, the following Connection Charges for the Share of are set Said Charges to be paid b forth in the Utilit �S Y Developer are those which policies. Y Ordinances and uniform service ITEM 1 PAYMENT SCHEDULE «ater_ The following formula was used to determine Develo Water Facility Charges.'� per's share of TO- `I'AL ER_ C_s CHA:�GE PE=C TOTAL �6 CHA�S $400.00 . $30,400.00 CULATIONS: Stores - 164,256 sq. ft. x.1 gpd/sq, ft. Barbar/Beauty Ship-10 chairs x 100 16,426 pgd A.D.F. Dry Cleaner - 300 JPd/chair= gpd 1,000 gpd A.D.F. Food Service - 17,625 sq. ft, - 10� - 1�6 300 gpd A.D.F. 176 x 50 gpd ` . . 8,813 gpd A.D.F. TOTAL CALCULATED FLOW 26,539 gpd A.D.F. 26,539 gpd = 350 = 76 ERC!s o� � � o ° � �� q � r � ��,� � � \ fZ� � , �� . � EXHIBIT "B" , Page 16 A n� �� a , ._ . __ � .. .; . ' � COUNTY LINE PLAZA NAME OF PROJECT EXHIBZT "B" (CONTINUED) I T� II WATER SYSTEM CONTRIBUTIONS The Developer shall install the following pipe, mains and appurtenances thereto and dedicate same to the Utility. Said instaliations are to be iri accordance with the approved plans drawn by being Drawinq No.4,:; � - Sheets `� thru___dated v` _, _ _ UTILITY COMPI�NY: DEVELOPSR: - HY a--, `�• f� " _ ,�- _. Thomas G. Bradford, Vill e M naqer � "��� , WITNESSES: WITNESSES: � � _ _ � —_�; �'i` , °� � _ -;':a' �-�:� _.- "�� G _ �� ° ` � , � EXHIBIT "8" Page 17 .i ��. . . � � COUNTY LINE PLAZA NAME OF PROJECT LOCATION MAp _ . _ � � � Jupiter -- � � � \� . '�, ' I ` '° za � � � -- -- - -- ---- 1 e I I _ _ � ---\ Gate � � ' �c+ - � 19 � , � n� c'� p; Dohe y St � � C F- Q (Y � ¢ � v °' � Sound ;�l c� v o 0 0 0 0 o a. c �i � � O F- F- � O- i ' _ ' , �` � •, z � °' � w Q � Kiwanis � \ Q � \ i�I :c: � E � � m } � Willia�,is \ 'ftccrca[ional� , �. u� o� Q O� Q Ter 4. � �. _ _ � m � m � �--�r��k � MART�N , COUNT� �� p t� COUNiY LINEROM SI ' ���M `�� EACH ` " � CO UIVT Y' N v Ro bert St �� . r z r -" � � ;� L U� Wingo St 6 y , L r �o n+ � . t . ;I ,�, � Russell S( � • ���O r i d[� m�' a �a j � v U �� w r�-�.� � F � V q ,� ( p L_� o oodland Dr� `� S 1, � � v . o� ,���� �� 3� Poi���r 11d i < a nd ` c-- L �— - ���eine.}1�11 Ti�'—� r " T � ? , �Pvinte B � . / -_ rbor R�p �s1 � � � �o �! �� F-r S � � t , ��.E 3 � o g� �� e. u�?�` �., � O u e z ., ^� ana� �� j '` a. Q� o, �.�`Y d c~.CC� � �! 71J6 I . \ V f3ut�0 h, Q_`J� �--� d'J 4 .� `; �n i = C. °p `' � oo a c, �> O:,k �' P J� G� � � � � � p i � R.��r ines Ct ��,� v� m mRitlgr, La � O• ° � p� : orti� Dr � � � Q ��b � �, e u: Willow O R, o� p .� . ,' z5 ���'� I � � �� s��� 30 �� � �? Fi���r Cir o- � � � ' P � � We twood�jewood zalea _ �--- ' � ` � � A.•re Cir � Cir '�\,� I ' ; Nicole Cir �, o � Camellia o� o f?ashion ,. ^ � Q t C7 -1 -- �Ci� p �\`1 � ,�'r '�'s" i .,"rf9�1 �� � �V�t f �� �„ (; z iler} �Vill;���'� O �QUESTA i Wazerwa d� ...._ /o ` o o` TyOUESTA, S S(; p � Ft I'eque'st ti 'a I p Coral �, _Plazn' �' c= ,� , in 'l r, ""aE3cac�n sc : � '`� n,�.i,,,. n.i :> p.�����i„ �'' . ... LOCATION NtAP WITNESSES: DEVfiLOPER: , .r J � ��/ _ "" �. 1%�y�.� ! ( �>,.� By '' — � � ��i E�� EXHIBIT "C" Page 18 �,a.� ���r:�r��c �PALM BEACH CLiI�NT`!, FLA. ,)pH� g. pUNKLE pLERK CIRCUIT CG'�.i�7