HomeMy WebLinkAboutProperty_Deed_07/07/1995 (2) .. . , � .
THIS INSTRUMENT PREPARED EY:
PETER S . HOLTON, Esq. ' -� - - .- : �: .-. ----
._., . _... ,_-_ �
JONES, FOSTER, JOHNSTON & STUBBS, P.A. �� nn �� �` il=, r °" ,—
- ,f. � ,.�
P.O. Box 3475 ��'� '�'��� �� � �'��
West Palm Beach, Florida 33402-3475 • �� i����#f �_ �������� i��
�'� " f?�' ''-r -rn
_ _< ��: LF+�_ . i+..
WILL CALL �85
�_�
PROPERTY CONTROL NO.: 60-42-40-25-00-000-522
WARRANTY DEED
This Indenture, Made this j�� day of bet: , 1995, Between
JUPITER-TEQUESTA JUNIC�R CITIZENS, INC., Granto��, whose post office
address is P.O. Box �6072, Tequesta, FL 33469, and VILLAGE OF
TEQUESTA, (FEIN 59-6044081), whose post office address is 357
Tequesta Drive, Tequesta, FL 33469, of the County of Palm Beach,
State of Florida, Grantee*,
WITNESSETH, That said grantor, for and in consideration of the
sum of Ten Dollars ($10.00), and other good and valuable
considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said grantee, and grantee's heirs and assigns forever,
the following descri��ed land, situate, lying and being in Palm
Beach County, Florida,. to-wit:
See Exhibit "A" attached hereto
SUBJECT TO all matters of record including easements, rights-
of-way, restrictions zoning and other governmental
requirements.
THIS DEED IS MAL�E SUBJECT TO the property being used as a
public park.
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
*"Grantor" and "grantee" are used for singular or plural, as
context requires.
y `
., � ._ � ,.�. ..y� �....
�. . . �. 'L� T i...-: .�� 3 '�.... � ..� '+.� G .�.:
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand
and seal the day and year first above written.
Signed, sealed and delivered
in our presence: JUPITER-TEQUESTA JUNIOR
� _ CITIZENS, INC.
� f � . -
c �
' ---`.�, '
BYj�- � � z-' �-
Pri� Nam `�✓;� ,=�;:�;=�� :'..= - Susannah T. Carr, President
��� �
�
P�int Name G� �, �-. ,�;�,:,.o �_
`.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
� r `` day of T,�;,, , 1995, by Susannah T. Carr, as President
of JUPITER-TEQUES A JUNIOR CITIZENS, INC., on behalf of the
corporation. She is personally known to me or who has produced a
driver's license as identification and who did take an oath.
� ; � �--_
(NOTARY SEAL} v
Notary P lic -' ���
Print D�ame:
/�'
My �ommission expires:
«.,.�
,,���Y.;��;,., A'n CARLOS J. BcRROCAL
'� � T. �';"'. MY COMMISSION ll CC 184507
_.: -
PSH\13153-1\TEQUESTA.WD :••: ��- o- EXPIRES: March 4, 1996
:;, pF i°�P Bo;�ded Thr� Notary Puhiic Undanvriters
2
_ ._ ,.._x z..>' . _ 3 � . � :�:
• �-�-;z:_ ,� � T � �:c�� �� ��� �� ��r,tJ�lT�` �L
���_,._ ., �� �.� �_�,�;� s ;..�..�.�,� ti
EXHIBIT "A"
Legal Description
All that part of �the North 264 feet of the South 279 feet
of the Northeas�t Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Section 25, Township 40 South, Range
42 East, lying West of County Road (Seabrook Road) as
same is now located, constructed, and used, Palm Beach
County, Florida; Less the West 100 feet of the East 905
feet of the North 117 feet of the South 132 feet of said
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of Section 25; and Less the West 75 feet of the
East 1,080 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West 50
feet of the East 1,280 feet of the North 117 feet of the
South 132 feet of said Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 25; and Less the
West 10.4 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West
120 feet of the East 805 feet of the North 117 feet of
the South 132 feet of said Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 25; all of the
above being subject to existing road right-of-ways (if
any) thereon; said land situate, lying and being in Palm
Beach County, Florida.
Together with all of the Improvements located thereon.
PSH�13153-1�JTJC.ExA
June 30, 1995
AGREEMENT
THIS AGREEMENT is executed by the Village of Tequesta (the
"Villaae") this 7th day of July, 1995, in favor of Jupiter/Tequesta
- Junior Citizens, Inc. ("JTJC") a dissolved Florida corporation.
RECITALS
A. JTJC dissolved pursuant to a Plan of Liquidation and
Distribution of Assets of Jupiter/Tequesta Junior Citizens, Inc.,
dated December 7, 1994, a copy of which is attached hereto as
Exhibit "A" (the "Plan").
B. At the time of its dissolution, JTJC owned the real
property described in Exhibit "B" hereto (the "Real Property") and
certain fixtures and furnishings located on or about the Real
Property (the "Fixtures and Furnishinas").
C. The Plan provided that JTJC would convey to the Village
the Real Property and the Fixtures and Furnishings on the terms set
forth in the Plan.
D. It is the intention of JTJC to convey to the Village the
Real Property and the Fixtures and Furnishings on the terms set
forth in the Plan.
E. This Agreement sets forth certain agreements of the
Village in connection with its acceptance of the conveyance of the
Real Property and the Fixtures and Furnishings.
NOW THEREFORE, in consideration of the receipt of the Real
Property and the Fixtures and Furnishings, the Village agrees as
follows:
1. The Village will use reasonable efforts to complete
the conversion of the Real Property to a public park by June 30,
1996. The completion date stated in this paragraph shall be
extended due to acts of God, fire, flood, inclement weather and
other matters beyond the reasonable control of the Village, claims
and defenses raised in the case styled Donald H. French, et al v.
Jupiter/ Tequesta Junior Citizens, Inc., etc, et al in the
Fifteenth Judicial Circuit CL 94-2939AI, as under appeal to the
Fourth District Court of Appeal in Fourth District Case No. 94-
2910, or if a Dissolution Challenge or a Title Challenge (as those
� terms are defined in paragraph 6. hereof) shall be brought.
�
2. The Village shall make the Real Property available
for use as a community center for a period of one year from the
date the deed to the Real Property is recorded in the public
records of Palm Beach County, Florida.
3. Each group listed in Exhibit "C" hereto is currently
using the Real Property under an agreement with JTJC. Each group
listed in Exhibit "C" may continue to use the Real Property in
accordance with their respective agreements with JTJC for a period
of at least one year from the date the deed to the Real Property is
recorded in the public records of Palm Beach County, Florida.
4. The Village shall have the right to adopt reasonable
rules (including a requirement that any group using the Real
Property maintain liability insurance in amounts acceptable to the
Village) concerning the use of the Real Property for the purposes
described in paragraphs 2. and 3. hereof.
5. JTJC may, at its own expense, construct a memorial
in the vicinity of the entrance to the building now located on the
Rea1 Property. The memorial may acknowledge the thirty-one years
of existence of JTJC, the people who have been a part of JTJC and
their support. The precise location of the memorial,. its size,
design, composition and all inscriptions thereon shall be subject
to the reasonable review and approval of the Village. The Village
may, at its own expense, relocate the memorial after its initial
construction to another portion of the Real Property if the Village
deems such relocation necessary to properly utilize the Real
Property as a community park.
6. If a Third Party (as hereinafter defined) shall file
a lawsuit which seeks to cancel, void or otherwise rescind the
conveyance to the Village of the Real Property or any portion of
the Fixtures and Furnishings (any such lawsuit is hereinafter
called a"Title Challenae") and, if prior to or during the pendency
of the Title Challenge, a Third Party shall file a lawsuit which
shall challenge the propriety of the dissolution of JTJC and shall
name any or all of the JTJC Directors (as hereinafter defined) as
defendants in such action (any such lawsuit is hereinafter called
a"Dissolution Challenae"), then the Village, at its own expense,
shall provide to each JTJC Director who is a defendant in the
Dissolution Challenge a defense against any claims in the
Dissolution Challenge that the dissolution of JTJC was improper or
that the distribution of the Real Property and the Fixtures and
Furnishings was improper. The Village shall select the counsel to
provide the defense. The same counsel may represent the village
and all of the JTJC Directors. If a Dissolution Challenge shall be
commenced, the JTJC Directors shall promptly notify the Village in
writing and, if the Village shall provide the JTJC Directors with
a defense as provided in this Agreement, then the JTJC Directors
shall cooperate in any such defense. Nothing contained herein
shall be construed, however, as the agreement of the Village to
2
indemnify or hold ha�rmless any of the JTJC Directors for any
damages which they ar� deemed to be liable for and which arise out
of the dissolution of JTJC or the conveyance to the Village of the
Real Property and/or t.he Fixtures and Furnishings. The term "Third
Part " shall mean any person or entity other than the JTJC or any
JTJC Director; the term "JTJC Directors" shall mean the individuals
wha were directors of JTJC at the time the Plan was adopted. The
JT�7C Directors are listed on Exhibit "D" hereto.
�:-�- Village of Tequesta
3 y : _ <����`�� -- _ gy : . �cl�
P�, ��- r�i �.w. �: � oa� � r� N �-h � � � �-t_� __ rr int Name : , :� r`l^ ��c_C_�n; �
z : ,�; �La,�� ���r �c Its: '�V
A.ttest• Jupiter/Tequesta Junior
�,�� Citizens, Inc. _�
F3_V : _� g�y; �-� L� � -
��i��%
P;� ir'� ;?ame : a ,�K P"r int Name : �,��J,�i,,��' °'_,��
�±� : �� �., r � Its : �2�s���= .��
`� �
F�H�1�'.`^3-1\JTJC.Agt
May ?, i935
3
� EXHIBIT "A"
PI►AN QF LZQII�DATION AND D�$TRIBIITION
c�F ASSETS QF
�IIpITER/TBQQE3TA JIINIOR CITZZEPiS, INC.
l. on November 7, 1994, �he Board of D�.xectors o� the Corporation
adopted a resalution that the Corporation be dissolved. The
�ecommended dissolution was approved by the Board of D�rectors
of th� Corpora'�ian at a prope�ly noticed meeting on Nc�vemYaer
7, 1994.
2. The Board of Directors af th� Cozpoxati,on has determined that
it is in the best int�rest of the Corpvration that the
liquidation of th� Corporation and the distributian af its
assets be made pursuant to a formal, written plaz� of
liquidation and distribution, under which Jupiter/Teques�a
Junior Citizens, Inc., shall be compl�tely liquidated and
dissolved, all of its known debts and liabilities shall be
paid ar atherwise prvvided �ar, and all of its remaining
prop�rty and assets shall b� distx pursuant to this Flan
af LiquidatiQn ar�d Distribution.
This plan shall became �ffective on the date on which it is
apprvv�d �nd adopted by the vote or written consent af the
soard of Directors. The date of Board �pproval and adoptian
s�� th� plan is her�inafter ca].led the "effective date."
3, Cess�tion af Bu�iness. Af�er the effective da�e, the
Corporation shall cease ta carry on business, except to the
ext�nt n�ce�sary to praperiy wind up its affairs and to
preserve the value af a.ts busin�ss and assets pending
liquidation and distribution.
4. Smle of Asssts. After the eff��tive date, th� Board of
Directars and the o�fi�ers of the Corporation shall
distribut� its assets as tollaws:
(a) Ft�al Prooertv located in Palm each Cauntv Florida.
such rea3 property, described in the Warranty Deed
attached h�reto as Exhibit "A"� located in PaJ.m Beach
You�.ts , r ior :3�, 3:�a2I. ;.e gif 4�d �a t;� Viitnge oi
Teque�ta and such canveyance shaZl be evidenced by
Warranty Deed, subject ta those conditicns li.sted in
Exhibit "A";
(b) Youth C�nter. The structure, commonly referred to as �he
"Youth Center'� , located on the real praperty described in
ExhiY�it "A��, shall be conveyed to th� Vill�ge of
Te+questa, free of al.l moztgages and encumbrances thereaf;
(c) Fi�ures and Furnishinas of Youth Cent�r. Al1 exi�ting
fi.xtures and �urnishxngs lacated with�n the "Youth
• Ge�ter", as describ�d above in Paragraph 4(b}, shall.
remain wi�h th� pr�mis�s and shall be conveyed to the
Vi].lage af Tequesta by Hill �f Sale;
(d) Lease Aareement Interest. All interest of the
Corparation in the Lease Agreement dated September 2a,
Z993, b�j �nd bcrtween Jupiter/Tequest� Junior Citizens,
Inc., and the Village of Tequesta, shall b� assigned to
the Village of Tequesta and such Lease Aqreement shall
merge into th� warranty d�ed; and
(e) Cash Rese.�ve. The r�maining cash of the Corporation,
after satisfa�tion o� the foregoing stated in Paragraph
5, below, shall be used to establish a scholarship fund
far recreational purposes for children in the village oP
Tequesta and Towr; a� Jupzter.
The Officers of the Carporation may execute an� instruments
that are necessary to transfer title ta the property and
assets.
5. Payment af Debts and Liabilities. Priar t� making any
distributian of cash, �he 8oa�d of i7irectors and the Officers
shall pay all of' the known or ascertainable debts and
liabiliti�s af the CorporatiQr,, including, but not limited to,
liabilities fflr taxes and expenses af liquidation and
dissolution, and any defense of the Boazd or any Board member
involved in an� �awsuit as a result of the 8aa�d's decisian to
dissalve th� Corporation.
Any amount remaining in the r�serve fund after payment of
thes� liabili'�ies and �xpens�s sha11 be distributed as stated
in Paragraph 4(e), �bave.
6. Pawers af of�iaers� The Officers of the Ccrporation shall
carry out the pro�isions of thi.s plan and sha.11. �ake aZl
actions that ar� necessary ar advisable to effect the complete
iiquidation of the corparation and its dissolutian, including
the execution of �uch instruments as may be required ta vest
title in th� assets to the di�tributees and the execution of
all dacuments r�quxred by law to be filed to effect the
dissolut�.on of the Corporatioti
Dated: ��(� �/�9�1
,0��' ',U
usarulah T. Carr, President
f:\815�pisn.dis
�
�
J � i
EXHIBIT "B"
Legal Description
Al1 that part of the North 264 feet of the South 279 feet
of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of Section 25, Township 40 South, Range
42 East, lying West of County Road (Seabrook Road) as
same is now located, constructed, and used, Palm Beach
County, Florida; Less the West 100 feet of the East 905
feet of the North 117 feet of the South 132 feet of said
Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/4) of Section 25; and Less the West 75 feet of the
East l, 080 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West 50
feet of the East 1,280 feet of the North 117 feet of the
South 132 feet of said Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 25; and Less the
West 10.4 feet of the North 117 feet of the South 132
feet of said Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of said Section 25; and Less the West
120 feet of the East 805 feet of the North 117 feet of
the South 132 feet of said Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 25; all of the
above being subject to existing road right-of-ways (if
any) thereon; said land situate, lying and being in Palm
Beach County, Florida.
Together with all of the Improvements located thereon.
PSH\13153-1\JTJC.ExB
May 10, 1995
� � ..
EXHIBIT "C"
Groups Currently Using Real Propertv
l. Jupiter/Tequesta Duplicate Bridge Group - this group uses the
building Monday mornings and Tuesday afternoons each week. It
pays to the JTJC whatever money they raise as a group.
2. Boy Scouts of America - this group uses the building
Wednesdays from �:00 to 9:00 p.m. each week. It pays no rent
but picks up the trash on the property.
3. Karate Club of Jupiter(Tequesta - this group uses the building
Mondays and Wednesdays from 7:00 to 9:00 p.m. It pays no rent
but sweeps the floors.
4. Scuba Club - this group uses the building on the second Monday
of every month from 7:00 to 9:00 p.m. Once a year it must
take a group of children snorkeling and provide them with a
water safety course, and once a year it paints the inside of
the building.
5. YMCA - this group has a day camp during spring, summer and
Christmas school breaks. It pays $4.00 per child per week.
PSH\13153-1\JTJC.ExC
May 9, 1995
P � �
EXHIBIT "D"
JTJC Directors
_ Susannah T. Carr
Robert Meyer
Frances Sagrans
Nancy Rodth
Elizabeth Anderson
William Westcott
Adele Schlusemeyer
George Zigliani
PSH\13153-1\JTJC.ExD
c