HomeMy WebLinkAboutAgreement_General_12/12/1997_Sterling House DEC -30 - i` 37 s i:46�tlil 9 --- 46.4' 8 � �-
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DEVELOPER'S AGREEMENT
This Developer's Agreement is entered into as of this / r day of -e
1997 by and between the VILLAGE OF TEQUESTA, FLORIDA, hereinafter referred to as
"Village" and STERLING HOUSE CORPORATION, a Kansas corporation, hereinafter referred
to as "SHC."
WHEREAS, SHC has previously acquired and developed property known as
Sterling House of Tequesta located along Village Boulevard west of U.S. Highway 1 in
J Tequesta, Florida ( "Phase I "), and
co WHEREAS, SHC has contracted to purchase 1.882 acres of land contiguous to
the existing Phase 1 project from First Union National Bank as Trustee ( "Phase 11 "), and
WHEREAS, SHC has requested the Village to approve construction on the
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L, Phase II property of an assisted living facility containing 42 residential units and certain related
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N improvements more particularly set forth on the plans heretofore submitted to the Village, and
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M WHEREAS, SHC has previously conveyed the Phase I property to Meditrust of
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w Florida, Inc., a New York corporation ( "Meditrust "), and has leased Phase I from Meditrust, and
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a WHEREAS, it is contemplated that the Phase II property will be directly
conveyed by First Union National Bank as Trustee to Meditrust and leased to SHC, and
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WHEREAS, SHC desires for the Village to approve the issuance of a building
ul ON . permit for this project prior to the compliance with certain development related requirements,
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o H WHEREAS, the Village desires that, as a precondition to issuance of the building
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o permit, that this agreement be entered into, in order to provide assurance to Village that all
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0 o a requirements of law shall be satisfied;
NOW, THEREFORE in consider ^`ior, of the premises c'nd covenant coat; -fined
herein and for other good and valuable consideration, the receipt of which is hereby
q ge y � e-_.. -. �__ t, _ a F..... h.- - ,. o „,„a a l i onn irlPratinn t h
ac b each parry �v t.�� oz.��r, an ��;, v �:�: >;. �..�u v mble ti,_.u�... C P
o parties agree as follows:
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1. Unity of Title Agreement Prior to issuance of a Certificate of Occupancy,
SHC covenants and agrees that Phase II property shall be conveyed to Meditrust, such that the
holder of the title to Phase I and Phase II shall be Meditrust. SHC further covenants and agrees
ORB 10159 Fq
that Meditrust shall execute the Unity of Title Agreement in the form annexed iitr: to as
Exhibit B and submit same for approval to the Village.
2. Plat. On or before issuance of the Certificate of Occupancy by 'he
Village, SHC shall file an application to plat, or shall cause Meditrust to file an s -ppli( ation to
plat, Phase I and Phase II as one lot such that the Village zoning, platting and lan,' ' -11'e
requirements are satisfied.
3. Utility Systems On or before th issuance of a Certificate of Occupancy
relating to the improvements in Phase II, SHC shall cause the utility improvements required by
the Village to be completed in accordance with plans heretofore submitted to the Village and for
conveyance of such systems as are required to be conveyed by bill of sale to the Village to be
accomplished.
4. Compliance with Conditions of Special Exception and Site Plan Approval
SHC shall provide benches for seating which shall be added in the outdoor court yard.
Additionally, all DRC comments contained in Staff Report dated September 17, 1997, shall be
addressed by SHC, as set forth in letter of response and agreement from CAPTEC Engineering,
Inc., dated September 23, 1997, incorporated herein by refererice.
5. Miscellaneous Provisions
A. Compliance with Legal Requirements. The Village has reviewed
the construction of the proposed facility and renovations and believes the same to be
consistent with its comprehensive plan and land development regulations. Furthermore,
the Village does not believe that the same will cause any detriment to the Village or to its
citizens' public health, safety or welfare. The parties agree and acknowledge that the
failure to address in this Agreement any particular condition, term or restriction shall not
relieve SHC of the necessity of complying with any law governing said required
condition, term or restriction.
B. Recordation of Agreement. The parties agree that this Agreement
shall be recorded in the Public Records of Palm Beach County, Florida within fourteen
(14) days of execution by all the parties.
Page 2
C. Enforcement. Either party may file an action for specific
performance and/or injunctive relief in the Circuit Court in and for Palm Beach County,
Florida, in order to enforce the terms of this Agreement. Neither party shall be required
to show irreparable harm in order to enforce the terms of this Agreement through
injunctive relief.
D. Binding Effect. This Agreement shall be binding on the successors
in interest to SHC and the Village.
E. Litigation. In the event of any litigation arising hereunder,
jurisdiction and venue shall be in Palm Beach County, Florida, and the prevailing party
shall be entitled to recover reasonable attorneys' fees and costs, including those fees and
costs in appellate proceedings.
F. Complete Agreement. There are no representations, agreements,
arrangements or understandings, oral or written, between the parties relating to the
subject matter of this Agreement which are not fully expressed in this Agreement. this
Agreement cannot be changed or terminated orally or in any manner other than by a
written agreement executed by both parties. The above notwithstanding, m %•dim - il ativnS to
be inclusive, of this Agreement may be authorized by the Village, by necessity of
amending this Agreement, provided however, that said modifications are not otherwise
contrary to any of the terms of this Agreement.
G. Effective Date. The effective date of this Agreement shall be the
last date on which the parties execute this Agreement.
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10 159 'C9 5V
H. Building Permit. The parties agree that SHC shall have until January 1,
1998 to apply for a building permit for all Site Improvements.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
Witnesses: VILLAGE OF TE UESTA, FLORIDA:
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Print Name; (ryj 1� C��r� jr �: Title:
,C�
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f - (SEAL)
Print Name:
Attest:
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Name:
Title: vi z- ,qer-E cce-- rz oc4c -srt74
STERLING HOUSE CORPORATION:
M int N e: ,-j Ch
By:
Name: R. Gail Knott
int Name: Title: Vice President
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this is 7hday of
Dc cc �ir�e�2 , 1997, by Ez-iz,, , j,ae zt sc&xye - l Z , as Mayor of the VILLAGE OF
TEQUESTA, FLORIDA. Said person (check one) �s personally known to me, ❑ produced a
driver's license (issued by a state of the United States within the last five (5) years) as
identification, or ❑ produced other identification, to wit:
XMNN MANGANIELLO C
rin Name: _
MY COMMISSION #� CC 507143 P
W EXPIRES: December 22, 1 999 Notary Public, State of Florida
o :Q' Banded Thru Notary Public Underwriters
Commission
My Commission Expires:
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STATE OF KANSAS ORB '1 Pq 60
COUNTY OF SEDGWICK
The foregoing ' strument was acknowledged before me this _5 day of
1997, by , yk o�- , as V i C- I President of the
STERLING HOUSE CORPORATION. Said person (check one) is personally known to me,
❑ produced a driver's license (issued by a state of the United Sta es within the last five (5) years)
as identification, or ❑ produced other identification, to wit:
ALICE LASSLEY Print Name: Alice La SS /�/
NOTARY
S ATE OF U SAS Notary Public, State of Kansa
�`"' My Appt Exp. April 6, zoos Commission No.:
My Commission Expires: ® I
G: \RE \ENC \14566\27261 \DEVELOP- AGM.01 B
[TEQUESTA -II]
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EXHWIT 'A"
LEGAL DESCRIPTION
PHASE I
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP
40 SOUTH, ILINGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MOILE
PARTICULARLY DESCMED AS FOLLOWS:
COMI% ENCE AT - ML- SOUTI - LEAST CORNER OF THE NORTI -f YV ST QUARTE=R OF TILE
NORTHWEST QUARIZR OF SAID SECTION 30, THENCE DEAR NORTF{.69 °57'05 %VEST.
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST
QUARTER A DISTANCE• OF 26.19 FEET; THl NCE SOUTH 17 17'07" EAST, ALONG A LINE
PARALLEL WITI1 THE WESTERLY RIGHT- OF -bVAY LINE OF U.S. HIGHWAY NO. I, AS
SHOWN ONTIIEI=LOILIDADEPARTNM - NT OF TRANSPORTATION RJGHT -OF -WAY MAP
SECTION 93010 - 2503, BEING THE BEARING BASE FORTIES DESCRIPTION. A DISTANCE
OF 153.99 F "T TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 17 7'07"
EAST A DISTANCE OF 192.16 FEET TO THE DITERSECTION WITH THE WESTERLY
EXTENSION OF TI-IE NORTH LINE OF A PARCEL OF LAND DESCRIBED TN DEED BOOK
1097, PAGL- 379, PALtv1 BEACH COUNTY, FLORIDA, PUBLIC RECORDS: THIHENCE SOUTH
89°43'22' LAST, ALONG. SAM EXTENSION, A DISTTANCE OF 37.87 FEET; TI -IENCE SOUTH
17 EAST A DISTANCE OF 251.98 FEET TO THE INTE.R.SECI WITH THE NORTH
RIGHT- OF -W«Y LRvE OF tiZI.LAGE FC'UL -V. P, I3EINC A CLZVE COt iCA�,'L- TC THE
SOL MAST, I-LAL% L G A F-- A -Dlrj5 CAF 725.001FEET ANO W CENTER P,LivZS SCUT: I
02°52'78" EAST; TILENCE SO=- 5 /ZSTEiJ,Y. ALONG SAID CURVE. TIU.OUGH A
CENTRAL ANGLE OF 21 1 A DISTANCE OF 268.96 FEET; Tl-IENCE NORTI-f 17 T07"
WEST A DISTANCE- OF 442.56 FEET: THENCE NORTH 72 0 42'53' EAST A DISTANCE OF
23I.00 Fl- :ET TO THE POINT OF BEGINNING
PRASE II
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RANGE
43 EAST, PAL24 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COl- 2,ENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 30; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 08 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 2G.19 FEET
TO THE POIlfT OF BEGINNING; THENCE SOUTH 17 DEGREES, 17 MINUTES, 07 SECONDS EAST, ALONG LINE PARALLEL WITH TILE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 1, AS SHOWN ON
ARA
TILE FLORIDA DEPARTMENT TRANSPORTATION RIGHT -OF -WAY MAP SECTION 93040 -2503, BEING THE
BEARING BASE FOR TIIIS' DESCRIPTION, A DISTANCE OF 153.99 FEET; THENCE :RUN SOUTH 72
DEGREES, 42 MINUTES, 53 SECONDS WEST A DISTANCE OF 231.00 FEET; THENCE RUN SOUTH 17
DEGREES, 17 i- IIITUTES, 07 SECONDS EAST A DISTANCE OF 72.56 FEET; THENCE RUN SOUTH 72
DEGREES, 42 MINUTES, 53 SECONDS WEST A DISTANCE OF 120.00 FEET; THENCE RUN NORTH 17
DEGREES, 17 I - IIITUTES, 07 SECONDS WEST DISTANCE OF 336.10 FEET TO A POINT ON THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE RUN SOUTH 8D DEGREES,
57 MINUTES, 06 SECONDS EAST, ALONG THE SAID SOUTH LINE OF SAID NORTHI•iEST QUARTER OF THE
I4ORTIIWEST QUARTER, A DISTANCE OF 3G7.70 FEET TO THE POINT OF BEGINIZING.
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RECORDER'S ME%JO - . Legihiliry of document
unsatisfactory when received.
EXHIBIT B
THIS INSTRUMENT PREPARED BY:
UNITY OF TITLE AGREEMENT
THIS UNITY OF TITLE AGREEMENT ( "Agreement ") is made and entered
into as of this day of , 1997, by and between MEDITRUST OF
FLORIDA, INC., a New York corporation ( "Owner ") and the VILLAGE OF TEQUESTA, a
municipal corporation existing under the laws of the State of Florida ( "Village ").
RECITALS
WHEREAS, Owner is the fee simple title holder of the following described
property situated, lying and being in the Village of Tequesta, Palm Beach County, Florida
( "Property "):
SEE EXHIBIT "A" ANNEXED HERETO AND INCORPORATED
HEREIN BY REFERENCE.
PARCEL IDENTIFICATION NUMBER: 60- 43- 40- 30 -00- 000 -3070
AND PORTION OF 60- 43- 40- 30 -00- 002 -0010
WHEREAS, Owner is seeking a Certificate of Occupancy for an assisted living
facility on the Phase II Property more particularly described in Exhibit "A" annexed hereto and
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incorporated herein by reference; and
WHEREAS, in order to satisfy certain zoning, set back and site plan requirements
imposed by Village, it is necessary to record this Unity of Title Agreement regarding the Phase II
property with the Phase I property previously developed as an assisted living facility and
described in Exhibit "A" annexed hereto and incorporated herein by reference as the Phase I
Property (the "Phase I Property "); and
WHEREAS, it is the desire of the Owner, in consideration for the receipt.of said
Certificate of Occupancy, to enter into this Unity of Title Agreement, unifying the Phase I
Property and the Phase II Property into one single lot so that the legal requirements of the Village
will be met.
NOW THEREFORE, in consideration of Ten and 00 /100 (510.00) Dollars and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Owner and the Village agree as follows:
1. All of the above described Phase I and the Phase II Property (hereinafter
called the "Property ") shall be considered as a single parcel of land.
2. The Village agrees and acknowledges that following recordation of this
Agreement and issuance of the Certificate of Occupancy for Phase II, the Property and all
improvements constructed on it are in compliance with applicable zoning and site plan
requirements of Village.
3. No portion of said single parcel of land shall be sold, transferred, devised,
leased or assigned separately from the whole of the Property, except upon prior approval of the
Village.
4. This Agreement shall be a covenant running with the Property and shall be
binding upon the Owner, its successors and assigns, and shall constitute notice to all persons
whomsoever of the terms and provisions herein set forth.
4. This Agreement shall be recorded in the public records of Palm Beach
County, Florida.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the date set forth above.
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Witnesses: OWNERS:
MEDITRUST OF FLORIDA, INC., a New
York corporation
By:
Print Name: Name:
Title:
Print Name:
2
w 1 59 s C JLt
ter.
%t? iiTi'� i !ia 1 Litcm i i.Cf'tK HE t :ii i s .� � i`L
Village:
VILLAGE OF TEQUESTA
Print Nalne: B
Name:
Title:
Print Name:
(SEAL)
Attest:
Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 1997, by , as Vice President of MEDITRUST OF
FLORIDA, INC., a New York corporation, on behalf of the corporation. Said person (check
one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United
States within the last five (5) years) as identification, or ❑ produced other identification, to wit:
Print Name:
Notary Public, State of
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 1997, by , as of the VILLAGE
OF TEQUESTA, FLORIDA. Said person (check one) ❑ is personally known to me, ❑
produced a driver's license (issued by a state of the United States within the last five (5) years) as
identification, or ❑ produced other identification, to wit:
1
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
GAE\ENC\14566\27261 \unity.01 b
[TEQUESTA -11]
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Village o f Teq- esta
MEMORANDUM: DEC 12 1997
TO: Thomas G. Bradford, Village Manager
Village Manager's Office
FROM: Scott D. Ladd, Dir. of Community Development
DATE: December 12, 1997
SUBJECT: Execution of Developers Agreement for Sterling House H.
Tom, attached are two (2) copies of the above referenced subject for execution by the Mayor.
We only need to execute the Developers Agreement at this time. The attached exhibit "B ", the
Unity of Title, will be executed at a later date but needs to be a part of the total document because
it is referenced in the body of the Developers Agreement.
I placed a sign here arrow where the Mayor executes the agreement, and there are two witness,
an attest and a notary section that we must execute, plus a location on the document for the
Village Seal. Keep one original with the records of the Village and send me the other original so
that I can make a copy for the property file and then mail an original to the attorney's for Sterling
House II.
Thank you for your attention to this important Village matter.
FILE: SHIIDEV
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
A TTORNEYS AND CouNSELORS
FLAGLER CENTER TOWER
505 S OUTH FLAGLER D RIVE
LARR B. AL®wIDm MARKB. KLEiNPELD ELEVENTHFLOOR HENItY P. LEJENTHAL
C ARL ANOFLOFF RAYuK)ND E. KRANtER 111
M. TRAcEY B IAOIOTTT MICHAO. T. KRANz WEST PALM BEAcK FLoRiDA 33401
Harty Allison n Johnston
CLAY C.BROOKER KULY V.LANDERS 1895 -1983
MARGARET L. COOPER J OHN B. MCCRACKEN P.O. BOX 3475 R. Beta Jones
RmccA G. DOANE SCOTT L. MCMULLEN WEST PALM BEA FL 33402 -3475 1904 -1988
DAvmE. DREYER DAVIDPRA77 ' Paul C. Wolfe
CHRISUPIARS. Dula: J OHN C.RANDOLPH (561) 659 -3000 1933_1991
H. MICHAELEAKEY S FAX: (561) 832 - 1454
LISA Z. HAusER Porn A. SAM Retired
SCOTT G. HAWKM SIDNEY A. STUBBS William A. Foster
THORNTON HENRY AtUw R. TOMLINSON WRifER'SDIRECTLINE:
PETER S. HOLTON JOHN S. TRIMMER Of counsel
HARRY A- 10MTON II K ADAM WEAVER lark A. Plisoo
December 11, 1997
Mr. Scott D. Ladd
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469 -0273
RE: Village of Tequesta
Sterling House
Developer's Agreement
Our File No. 13153.1
Dear Scott:
I am delivering to you a copy of a letter I received from Mr.
Chotas regarding the Sterling House matter, along with two
originals of the Developer's Agreements.
If these meet with your approval, please deliver them to Tom
Bradford for execution by the Village.
Once these documents are executed, we should return one fully
executed original to Mr. Chotas.
Sincerely,
JONES, ER, JOHNSTON & STUBBS, P.A.
40$�
J n C. Randolph
JCR \ssm
Enclosures
CC: Thomas G. Bradford, Village Manager