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HomeMy WebLinkAboutAgreement_General_10/04/2000 Oct -18 -2000 01:02p® 00-397827 ORB 1 0079 Pg 4r3 1 III II III 11111111111111111 IN i RETURN TO: JOHN C. RANDOLPH, ESQUIRE J Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475 West Palm Beach, FL 33402 -3475 DECLARATION OF USE AGREEMENT This Declaration of Use Agreement is executed as of QG i�'�. , 2000, by Thomas A. Steen, Robert A. Walsh and Palm Beach Motor Cars, Inc., dba Tequesta Motor Cars, (TMC) of 75 E. Putnam Avenue, Cos Cob, Connecticutt, 06807. RECITALS A. TMC owns the property more particularly described in Exhibit "A" attached hereto ( "Property"); B. TMC has requested approval from the Village of Tequesta, Florida, ( "Village ") for a Site Plan Approval for its proposed project ( "Project "). Said Project is a New/Used Automobile Sales and Service Facility as more fully set out in the plans as approved by the Village. C. The July 13, 1989 Approval by the Village of TMC's Site Plan and Special Exception to develop the Project is conditioned upon the execution of this Declaration of Use Agreement by TMC. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, TMC agrees as follows: 1. The Recitals set forth above are true and correct and are incorporated herein and made a part hereof. 2. TMC shall comply with all Project development conditions pursuant to the July 13, 1989 Village Council Site Plan and Special Exception approval, attached as Exhibit "C ". The use of the Property shall be in compliance with all the information and exhibits included in the application not inconsistent with the terms and conditions of approval. Any uses not specifically set forth in the approval are prohibited and no deviation may be made from the application as approved by the Village Council, except upon new application and approval by the Village Council. ORB 1 ;RO79 Pg 3. The terms and conditions in the approval, amendements and this agreement are agreed to voluntarily by TMC and TMC agrees to be bound by them and TMC waives any legal objection it might otherwise have to said terms and conditions or parts thereof. Said terms and conditions are more particularily contained within the Village Zoning Ordinance as restated in Exhibit "B ", incorpoated herein and made a part thereof. 4. The Property descibed herein shall be considered as one (1) parcel and no portion thereof may be sold, transferred, devised or assigned except in its entirety, either voluntarily or involuntarily, by operation of law or otherwise, unless approved by the Village or otherwise modified by agreement between TMC and the Village. 5. The Village shall have all remedies available by law and equity in order to enforce the terms and conditions of this agreement including, but not limited to: (a) the Village's code enforcement proceedures in the Code of Ordinances; (b) the Village may initiate action to revoke the occupational license; © all remedies otherwise offered in the Village's Code of Ordinances; (d) injunction, specific performance, and any and all other equitable relief through the civil courts in and for Palm Beach County in the State of Florida. In the event the Village is required to seek injunctive relief, it shall not be required to post bond and it shall not be required to demostrate irreparable harm or injury to secure an injunction to enforce the terms of this agreement. Additionally, in the event of any breach, default or non performance of this agreement, or of any of its covenants, agreements, terms or conditions, the prevailing parry shall be entitled to recover its costs, expenses and reasonable attorney's fees either befor or as a result of litigation, incuding appeals. 6. This Declaration of Use Agreement shall be recorded by TMC in the public records of Palm Beach County, Florida, prior to issuance of a Certificate of Occupancy by the Village. 7. This Declaration of Use Agreement shall run with the land and shall be binding upon TMC, its heirs, successors, representatives and assigns, and any successors in interest with respect to the subject Property. This aggreement shall be superior to mortgages on the Property and shall be recorded prior to the recording of any such mortgages. 8. This agreement represents the entire agreement between the parties and may not be amended except by written agreement executed by both parties. 9. The effective date of this agreemnt shall be the day upon which it is executed. ORB 1 -2 '0 7 9 Pg 4S;2 IN WITNESS WHEREOF, TEQUESTA MOTOR CARS, has executed this Declaration of Use Agreement as of the date first above written. Signed, sealed and delivered in the TEQUESTA MOTOR CARS presence of �„' L C� Witness Thomas A. Steen Pri e fitness Print Name ' Fitness 4�bbert A. Walsh Print ' Name .,F Wi ess / lf5i/ Y Print Name Palm Beach Motor Cars, Inc. B y: VC40 vv- S� _ rtness Print name: Ryloq �/(r /� t m pSp Jr cl� �c�t 1 k, r ".j Its:—B& Ueyvt ►— Print me Wit ss Print Name ORB 1207 Pg 49Z3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day ofad—, 2000, by Thomas A. Steen, who is personally known to me or has produces as identification. tkL A Notary Publ Print Name My Commission expires: C, ct STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2000, by Robert A. Walsh, who is personally knon_t me, or has produced as identification. Notary Pubic Print Name OFFICIAL NOTARY SEAL My Commission expires: CARLA Y. BARNES NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC6352 MY COMMISSION EXP. ARP. ORB I Z 0007 Pg '377 DOROTHY H. WILKEN, CLERK PB - LM4TY, FL ORB :1 c 07'S3 Pg z ORB 5795 Ps A A Dazrei OZ Lard lyi7 i Ccs,Mz — t Lot 1! Sectir 30, TAd !ship d0 5CAIth described as foLlcas; 1, , desc ribed 43 East, Palm h Chanty, Florida. Said pazc being arnie carticularly Frcm t 1 - the west�r e of corner Government said Gove=m=t Lot i bear N. 0 E., along point st -lv- lint Lot 1, a distance of 650.0 feet to the N 0°16'10" E,�� of the re herein described parcel of land; thence cza�tinue along the westerly line of said Gcve=ment Lot 1, a distance of 147.47 feet; thence S. 89 0 24 1 30" E., a distance of 620.98 feat; thence N. 0 0 30'10" E., a distance of 3.49 feet; thence S. 89 E., a distance of 81.14 feet to a point in the westerly right of wav lima of States oad No. 5 a� the caster line oy said State Road No. 5; thence S. 16 6 50 1 20" E., along said westerly right of way line, a distance of 157.14 feet; thence N. 89 0 29'50" W., 748.35 _feet to the point of beginning of the he rein described parcel of land. o�. RFCCRD VERMED PALM 9CACH COUNTY. rLk )OHN 8.OUNKLE t CLERK CIRCUIT COURT y : ORB 1;20 Pg !S/2 2 " 2 e 0 a a 5 561-57PE-E-229 IL ,,- "B" TO THE DECLARATION OF APT. 0 0" "".1 M. E USE AGREEMENT TEQUESTA MOTOR CARS CY 3 73 Seem V11 APPENDIX A—zoNING Sec. vu 13- Motor Vehicle dealers, subject to th f conditions: a. Size shall be regulated with a minimum of two (2) acres and a maximum o f e i g h t (8) acres. Motor vehicle dealer establish- menu shall be prohibited fi- l oca ti ng within one thousand (1,000) lineal feet of all existing or previously approved motor vehicle dealer establishment wit=hin the village. b. E 01 3rs and days of operation shall be re ' - Il tr-xted aS fallows: (1) 24-hO'w operation is prohibited. (2) Speeffic cl no l than 9:00 p.m. .(3) Sunday operating hours limited to 11:00 a.m. to 6:00 p.yn. (4) No opening for business on Monday— Saturday before 7:00 a.m. C. The use of banners, flags, streamers, bal- loons Or any similar device shall be pro- ; hibited. The use of the Arneric= flag shall Supp. No. 26 1133 i m� cI V QI CL 3 a 3 R� A o ` ° �0N ol W b 7 i t (J p V } � i t .. R+ `� • Cj *� .may V „' �•� �v� �0��,a� ar� W�����d ��`�'�� �� i� ' o , C to a tot Q 4 0' O ;� ° 4, d 4 . A' �' +� a ° 41 g tip 46 k ba �' ? b qty tti +� ' �� 4) q CID y � .i:i U � � •� � U � ..-• '� � •� c� r F.� r > s�'� � o � � +-� .` � . '"' i 44 bA u u� <r A• - •; ri da _2, 2000 1D: 45 5GI - 5 -523° `,TILLAGE OF TEQUEST,�4 ORB 1 i207S Pg 43B See, VII APPEMIX .A- -ZONDM Sec. `III h. Reserved. i• Motor vehicle dealers shall be required to Provide a vehicle showroom building of no less than three thousand (3,000) grass square feet in area. j• Major and min repair activities shall only be accessory uses to the principal use. Major and minor repair activities are as defined in the Comprehensive �on� rd�:ance. Faint and body shop activities or facilities shah be prohibited. �• All "tent" sales, as well as all "telethon", "marathon", "24 hours ", etc., sales efforts or campaigns of anY type shall be prohib- ited. 1• The use of spot lights, sky lights, search lights, or other similar high intensity il- lumination lighting shall be prohibited. an. All a rtificial lighting used to illuminate the premises shall be directed away from adjacent *or abutting properties, streets, alleys, or roadways, illuminating only the subject site. n. All radio television, or Other similar mae- dia broadcast from anywhere on the prem- ises shall be prohibited. o. Any use of animated or mechanical axxi- mial, clown, etc., devices, :also, a nve c� sal ,s signs, adve ^hsi g, or pl ac- ards Of any kind from anywhere on or adjacent to the premises shall be prohib- ited. P. All writing, lettering, pricing, advertis- ing, or sign.age of any type being placed directly upon or withirx any motor vehicle or part thereof (i.e.; windshield, Window, roof, hood, trunk, side panels, etc.) shall .be prohibited. However, nothing herein j shall be construed to prohibit provision of SUPP. No. 26 1134.1 J m d ri 4 n_ cn CL l o g CA I Como V. LL 0 t4 cl 13 0 44 Q Lv EV Q .t ,,,, � ? u� rn in L(7 -y' Cn - cV C i 7'. • :'.'?� �?�`2�0a i�: 45 551 - 575 -5239 ILLAGE OF T EDLESTA PAGE 05 ORB 1 X079 Rg 500 Sec. V11 AP PENDIX Ar-- ZON1Nr, Sec. Y£I ligation, of unusual parking ahgnMents such as "back end first" confiuratisms for adv$rtisement or attention seeking .pur poses shall also be prohibited. X. Stormwater run -off must be retained on site in accordance with South Florida Wa- ter Management District guidelines. All motor vehicle sales estabiiaiments must p ;ide on -site _retention facilities for chemical and petroleums products. Y No outdoor public address or paging sys- tem of any kind shall be permitted at any motor vehicle sales establishment. Z. All vehicles for sale, rental or display, not located within an enclosed structure, must be Parked at grade. 's Supp. Na. 26 l l 34.3 ORB 1;20 Pg 5o i EXHIBIT "C" TO THE DECLARATION OF VILLAGE OF TI AGREEMENT / TEQUESTA MOTOR CARS BUILDING DEPARTME Post Office Box 3273 + 357 Te, Tequesta, Florida 33469 -0273 + FAX: (407) 575 -6243 VILLAGE OF TEQUESTA SITE PLAN RZVIEW COUNQIL FINDINGS PROJECT TEQUESTA MOTOR CARS 746 U. S. RWY. ONE, NORTH TEQUESTA, FL ROBERT WALSH. APPLICANT The Village Council of the Village of Tequesta. Florida, having reviewed the above referenced Site Plan an July 13, 1989 finds, pursuant to the terms of Ordinance No, 355, Section X (M), 4 <b) as follows: I. The approval of the Site Plan will not adversely aff the public interest. 2. The specific zoning requirements governing the use of the property have been met. 3 Satisfactory provisions arid' arrangements have been made concerning items 1 thru 15, Section X ( M) , 4(b) of Village Ordinance No. 355. 4. Satisfactory provisions and arrangements have not been made concerning items not specifically referred to in the previous sentence. CONDIT QNS O APP ROVAL: 1. A minimum five (S') iaot utility easement on the north side of the property adjacent to the Aqua Isle Motel and starting at the east side of the service building and running easterly to U.S. One must be included on the site plan. 2. The proposed utility easements as requested by FP &L and as indicated on their site drawing <copy attached) for both the auto dealership property and the proposed hotel property south of and adjacent to the auto dealership must bs properly recorded and submitted to the Viilaga sat Tequesta prior to the issuance of any permits for construction. ORB 1 i20 Pg 50a Pace 2 7 -20 -89 SPR Council Findings 3. All proposed utilities, including but not limited to,* electrical service, water, sewer, gas, telephone and cable T.V. shall be located underground. 4. Change the landscape islands in the rear auto storage area back to the original site plan, which indicated six 8.75' x 40' raised planter areas located at each and of each row of parking spaces. Each of the four revised islands are to have a minimum of two approved tree% in each Island. 5. All landscaping material selected shall be salt tolerant. 6. Queen Palms planted at U.S. Hwy. One frontage shall be in accordance with Village of Tequesta streetscape plan. 71 The required chain link fence surrounding the rear auto %torage area shall be green vinyl coated. 8. Applicant shall submit a letter outlining the proposed afterhours site lighting plan. 9. Applicant shall provide a landscape pert ormunpe bond in an amount equal to 1255s of the cost of the landscape materials. Said bond shall be in force for a minimum of one (i) year and be submitted in the form of a recordable document as approved by the Village Attorney. 10. Applicant shall provide an underground utility performance bond in an amount equal to the contract amount of placing all u t i l i t i e s proposed for the project underground. Said bond shall be in force until all proposed utilities are properly installed underground. The bond shall be submitted in a form as approved by the Village Attorney. 11. All conditions, including the ten <10) listed in this document and the twenty -six i26) listed as conditions of the Special Exception Use shall be set forth in recordable form in the form of an agreement as approved by the Village Attorney. The agreement will be properly executed, recorded and submitted to the Village prior to the issuance of a building permit for the proposed project. ORB 12079 Pg 50�3 DOROTHY H. WILKEN, CLERK GP COUNTY, FL Fagg 3 7- 20--89 SPR Council Findings Based upon the: foregoing findings, the Village Council of the Village of Tequesta approves with conditions the application. For the Village Council Xa, Id, gp "• Scott D. Ladd Building official Date; July 20, 1989 NOTE: A building permit must be applied for within one (1) year of the date of this site plan approval or the approval shall be nullified. Witness ate pplicant ceptance Date it ess Rats