HomeMy WebLinkAboutProperty_Easement_12/12/1997 .
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DEVELOPER'S AGREEMENT
This Developer's Agreement is entered into as of this ia �day of Dr c��ir� ��2 ,
1997 by and between the VILLAGE OF TEQUESTA, FLORIDA, hereinafter referred to as
"Village" and STERLING HOUSE CORPOR.ATION, 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
Tequesta, Florida ("Phase I"), and
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 II"), and
WHEREAS, SHC has requested the Village to approve construction on the
Phase II property of an assisted living facility containing 42 residential units and certain related
improvements more particularly set forth on the plans heretofore submitted to the Village, and
WHEREAS, SHC has previously conveyed the Phase I property to Meditrust of
Florida, Inc., a New York corporation ("Meditrust"), and has leased Phase I from Meditrust, and
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
WHEREAS, SHC desires for the Village to approve the issuance of a building
/ permit for this project prior to the compliance with certain development related requirements,
and
WHEREAS, the Village desires that, as a precondition to issuance of the building
permit, that this agreement be entered into, in order to provide assurance to Village that all
requirements of law sha11 be satisfied;
NOW, THEREFORE in consideration of the premises and covenant contained
herein and for other good and valuable consideration, the receipt of which is hereby
acknowledged by each party to the other, and for other good and �valuable consideration, the
parties agree as follows:
1. Unity of Title A�reement. 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
that Meditrust shall execute the Unity of Title Agreement in the form annexed hereto as
Exhibit B and submit same for approval to the Village.
2. Plat. On or before issuance of the Certificate of Occupancy by the
Village, SHC shall file an application to plat, or shall cause Meditrust to file an application to
plat, Phase I and Phase II as one lot such that the Village zoning, platting and land use
requirements are satisfied.
3. Utility Systems. On or before the issuance of a Certificate of Occupancy
relating to the improvements in Phase II, SHC sha11 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. Com�liance with Conditions of Special Exce�tion and Site Plan A��roval.
SHC shall provide benches for seating which sha11 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 reference.
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
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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.
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C. Enforcement. Either party may file an action for specific
performance andlor injunctive relief in the Circuit Court in and for Pa1m 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
sha11 be entitled to recover xeasonable attorneys' fees and costs, including those fees and
costs in appellate proceedings.
F. Complete Agreement. There are no representa.tions, agreements,
arrangements or understandings, oral or written, between the parties relating to the
subject matter of this Agreement which axe 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, modifications 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.
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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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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 TEQUESTA, FLORIDA:
BY: ` �
'`''.�. � , �_ :��. � �. � . e • � �..� zA /3�: .5�- � c. t.n 4t [, i2..
Print Name '- �a � �,�, i f �, � . � Title: ,�. �' kP �
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Print Name: ' � ; =�`. � �-�,, \ , , _
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" Attest: • ' ' `,
Ck.�, ��,�
Name: � .,,�,,i ,v� c--�c a
Title: v�c.c�t�-c- cc.�rz�c, r���c,.g�-�` ��- Tz=�u�
� STERLING HOUSE CORPORATION:
int Na : J ur�'�� Cd �ha- rc(' � j
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By: �. CU.`./'/�ip-;
�° Name: R. Gail Knott
�r`int ame: ��-� �,., C�a Title: Vice President
�
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this i��day of
� �� � � r, r�� 2 , 1997, by ��i` tirr f�. ScyAuG-"/2 as Mayor of the VILLAGE OF
TEQUESTA, FLORIDA. Said person (check one) C�'`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:
+.i:.� , . � `�`'�.
����� � '
` , o t�wY',>"�e„ JOANN MANGANIELLO Print Name: � o�rn� Il'1/�/�/G GLO •'� •�e
_ :. : MY COMMiSSION # CC 507143 Notar Public State of Florida ,� 4
EXPIRES: December 22,1999 3' �
� �;°:� Bonded Thru Nota Public Undenvriters � Commission No.
�iy L.^�:'i:T??iSSlOri F}��1T'eS:
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STATE OF KANSAS
COUNTY OF SEDGWICK
The foregoing instrument w acknowledged before me this � day of
�.Q��,,��j.Q� , 1997, by RZ .�o;,, C1 v���� , as 1F' « President af the
STERLING HOUSE CORPOR�TION. Said person (check one) is personally known to me,
❑ produced a driver's license (issued by a state of the United Stat s within the last five (5) years)
as identification, or ❑ produced other identification, to wit:
�
� ~ �
_._..�� �
� ALIC� L4SSLEY Print Name: ,�'' ' 41�,!_
'"' NQTARY I�UBLIC
��'�--•� STATE OF f�+NSAS Notary Public, State of K s
U' ,��' � �� INy Appt Exp. �prJ! 5, 2QA Commission No.:
My Commission Expires: ° S �
G:\RE\ENC\ 14566\27261\DEVELOP-AGM.O1 B
[T�QU�STA -II]
Page 5
CXH[13IT '.A" .
LEGAL DESCFtIPT10N
PHASE I � -
A PARCL-L O� LAND LYII�IG IN TI-� NOR'I�IWES7' QUARTER OF SECTION 30, TOWNSI-�
40 SOUTFi, ILWGE 43 L•AST, PALM BEACHi COUNTY, FLORIDA, BEING MOKE
PAATICULNtI,Y DESCIZU3L•D AS FOL�OWS:
COMMENCL• AT TFIL• SOUTI-iL•AST COFZNER OF TF-it NOAT2fiYL-ST QUAIt'rEIt O� 'i'}-iL
NORTHWLST QU�IItTLR OF SAID SECTIO�� J0, T'HENCE BEAR tiORTH.89°57'Ofi' WEST.
' ALONG 1'I-� SOtJTH LINE OF SAID NORT�[WEST QUAltTER OF THE NORTHWEST
QU�TEFt, A DISTi1NCE OF 26.19 FEEf; "I�:NCE SOU7�H I7°I7'07" EAST, �LONG A L1NE
PiIIUI,[,L.EL 1VITH TI-� WEST�RLY RIGH7'-OF-h11AY LINL OF U.S. HIGF-t��AY N0. i, AS
SHOWNONT�ILORIDADL•I'IIRTMENI'a�TR,ELNSPORTATION iZIGHT-OF-WAY M�P
SECTION 93440-2503� IIPJNG'I�-�? D�FZII�IO:QASE FOR'II-IIS DESCKIPTION, A DISTANCE
OF 153.99 F"T TO T1-iL POINT OF BEGWNItYG; T�-�ENCE CO?�lTINtIL SOUTH 17° 17'07"
EAST A DISTI�NCE OF 192.16 FEET TO �Tl-iE I��TERSECTION WITH T�� WESTERLY
EXTENSION OF T�-iE NORTH LINE OF A PIIA;CL•L OF LAND DESCIZIE3ED IN JL-ED BOOK
1097. PAGE 379. PALM DEAGH COUNfY. FLURIDA, PUIILIC RECOTtDS: TI-ILNCE SOUTH
89°4372" L•AST� ALONG.SAID EX'I'ENSION. A. DIS'CANCE OF 37.87 FEET; T�-�NCE SOUTH
17°1T07" EAST A DISTANCE OF 251.98 �LT TO THE WI�ItSECi'ION WITF-f THE NORTH
RIGHT-OF-WrtY LTtiE OF VILLAGE FC?UL.Eu.'1.�I�, EiEING A CUZVE COt�li.A�'E TC Tt-�
SrJL,'TF�.1ST, I-i.4�.m1� A F.��IL OF 7:.S.00 1FEET f�,�iL Wi-iOSE �L-NT�Z LL�tiIZ� �OtiTH
03°53'�8" �nST; TI SOiJ'i� ALO(�G SAiD Ci1TLVL TI A
CL'rR�LAL ANGLE OF 21° I S'21 ", A DISTANCE OF 2G8.9G FEET; THL-NCE t�ORTI-( 17° f 7'07'
WL-ST A DISTANCL- OF �342.SG FEET; T��NCL NOfLTH 72°42'S3" EAST A DISTANCL- OF
Z31.00 F1:LT 1"O T2-IL• I'OINT OP BLGINNING
' Pi:AS� II �
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 40 SOUTH, RIaNGE
43 EAST, PALtd IIEACH COUNTY, FLORIDA, BEING MORE PARTICULAFtLY DESCRZIIED AS FOLLOWS:
COI�'UJiENCE AT THE SOUTHEAST CORNER OF THE NORTI-IWEST QUARTER OF THE NORTHT•7EST QUARTER OF
SAID SECTION 30; THENCE IIEAR NORTH 89 DEGREES, 57 2dINUTES, OS SECONDS WEST, ALONG THE
SOUTH LINE OF SAID NORTHP7EST QUARTER OF THE NORTHF7EST QL3ARTER, A DISTANCE OF 26.19 FEET
TO TFiE POI2dT OF E3EGZP7NING; THENCE SOUTH 17 DEGREES, 17 2•fINVTES, 07 SECONDS EAST, ALONG
"� A LINE PARALLEL t•7ITH THE 4IESTERLY RIGHT-OF-WAY LINE OF U.S. HZGHj�JAY 210. 1, AS SHOY7N ON
THE FLORZDA DEPARTI•tEr1T�OF TRAidSPORTATIOIJ RIGHT-OF-i•IAY bL�P SECTION 93040-2503, BEING THE
DEI�RING IIASE FOR THIS' DESCRIPTION, A DISTA2JCE OF 153.99 FEET; THENCE RUN SOUTH 72
DEGREES, 42 1•1IP7UTE5, 53 SECONDS 47EST A DISTANCE OF 231.00 FEET; THENC� RUN SOUTH 17
DEGREES, 17 b1INtTtES, 07 SECONDS 41EST A DISTANCE OF 72.56 FEET; THENCE RUN SOUTH 72
DEGREES, 42 TdINUTES, 53 SECONDS WEST A DISTA24CE OF 120.00 FEET; THENCE RUN NORTH 17
DEGREES, 17 I•IZ2diJTES, 07 SECONDS EAST A DISTANCE OF 336.09 FEET TO A POINT ON THE SOUTH
LINE OF SAID NORTH47EST QUARTER OF THE NORTHWEST QUARTER; THENCE RUN SOUTH 89 DEGREES,
57 1�INUTES, 08 S�CONDS EAST, ALONG THE SAID SOUTH LINE OF SAID NORTHT•7EST QUARTER OF THE
NORTFiWEST QU�IRTER, A DISTANC� OF 367.70 FEET TO THE POINT OF I3EGZN2dI27G.
!
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� � 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 cxisting 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 Properiy into one single lot so that the legal requirements of the Village
will bc met.
NOW THEREFORE, in consideration of Ten and 00/100 ($10.00) Dollars and
other good and valuable consideration, the receipt and sufficiency of which aze hereby
acknowiedged, the Owner and the Viliage 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 shaIl 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
r whomsoever of the terms and provisions herein set forth.
4. This Agreement shail be recorded in the public records of Palm Beach
County, Florida.
IN WIT'NESS 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:
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Village: '
VILLAGE OF TEQUESTA
Print Name: By= �
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, ❑ produeed a driver's license (issued by a state of the United
States within the last five (5) years) as identification, or O 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
t
Print I�ame:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
G:�Rb1ENG114566�27261\unity.O lb
(TEQUESTA-I 1]
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