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N D U M
To: Village Council ~_l~ _
From: Thomas G. Bradford, Village Manager f ~~L~,
Date: December 9, 1998
Subject: Campbell v. Village of Tequesta; Agreement of Settlement
and Mutual Release; Reciprocal Overflow Parking Easement
Agreement; Agenda Items
Attached hereto, please find copies of the above-referenced for
your review relative to the public hearing to be conducted for the
same at your meeting .on December 10th. These documents have not yet
received their final review from the attorney for Campbell or the
attorney for Lighthouse Gallery. However, these documents are not
anticipated to be substantially changed.
At this juncture, the site plan as a submittal for compliance with
Ordinance No. 377 has not yet been received. I know that Mrs.
Campbell's landscape architect is diligently working on the same.
We will have this site plan at the meeting and anticipate being
able to assure that it is an accurate representation of the
landscaping and parking that appears on all of the parcels that
comprise what is known as Gallery Square North Shopping Center.
Should you have any questions about these materials, please contact
me.
TGB\ecr
WP80\MyFiles\VillageCouncil\Council 12-9-98-3
Joys
Fosr.~
ja~vs~oly
Attameys and Cmm~loir:
Scott G. Hawkins, Esq.
direct pial: (561) 850-0460
direct Fax: (561) 650-0436
E-Mall: ShawkIns(~jone5~foster.com
December 9, 1998
Tom Bradford, Village Manager
VILLAGE OF TEQUESTA
Post Office Box 3273
Tequesta, Florida 33469-0273
Flagler Cenler'lbwer, Suite 1100
505 South Plagler Drive
Wost Palm Beach, Florida 33x01
Telephone (Sfil) 659-3000
VIA: FACSIMILE ONLY
Re: Campbell v. Village of 7equesta
Our File No. 13153.33
Dear Tom:
Mailing Ar/dnsr
Post Of'fce 13oz 3475
Wcsl Palm Beach, Florida 13402-3475
FaCvimi lc ! 56 l) 832-1454
Enclosed are final versions of the proposed Settlement Agreement and proposed
Reciprocal Overflow Parking Easement Agreement. It is my understanding that you intend
to distribute these drafts to members of the Village Council relative to the meeting
scheduled for tomorrow evening at 7:00 p.m. Please note that as of this time, I have still
not received final confirmation from either Mr. Shuey or Mr. Jeck regarding their clients'
final review of the enclosed drafts. I anticipate receiving find confirmation in the morning.
I-anr'reasonably certain°that~ther6 will be no°significent'ch~rlges requested: ` ''' °`°"'-' ' '
Very truly yours,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By: ~~'
Scott G. Ha ins Signed ih Mr.
MawMns'absenc~ ici avoid delay.
Enclosures
N:ISOFI113153-331BRADFORD.LB5lDAE
SZiZ'd 9Zb'ON SHHf11S '8 NOISNHOf ~131SOd S3NOl Wd9S:b 866Z'6 '03Q
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
This Agreement of Settlement and Mutual Release (the "Agreement"), entered into
this day of , 1998, by and between DOROTHY M. CAMPBELL and OZ
OF TEQUESTA, INC. (collectively referred to as "Plaintiffs") and VILLAGE OF TEQUESTA
("Tequesta"), reflects the parties' entire agreement to resolve the pending litigation
particularly known as uoroth_y M Campbell and Oz of Teauesta nc. v. Village of
Te ue ,Case No. CL 96-3208 AF, which is pending in the Gircuit Court of the Fifteenth
Judicial Circuit of Florida in and. for Palm Beach County, Florida (the "litigation"). {n
addition, this Agreement reflects the agreement by certain nonparties to the litigation,
Muriel Manning ("Manning") and Lighthouse Gallery, Enc. ("Gallery"), to certain specific
provisions herein.
WITNESSETH:
WHEREAS, Plaintiffs have filed. against Tequesta a claim for declaratory relief
regarding the ownership of the parking area described in Plaintiffs' Amended Complaint
("parking area") and to obtain an injunction preventing Tequesta from imposing any fine
or penalty against Plaintiffs pursuant to Tequesta Ordinance 377; and
WHEREAS, Plaintiffs' claims concern title to and ownership of the parking area
which is the subject of dedicatory language appearing in the Plat titled A subdivision of a
portion of Jupifer in fhe Pines, Section "B" recorded in Plat Book 26, Page 215, of fhe
public records of Paim Beach County, Florida (the "dedication"); and
WHEREAS, Tequesta has contested the Plaintiffs' claims; and
SZiE'd 9Zb'ON SHHf11S '8 NOlSNHOf ~31S0~ S3NOf Wd9S:b 866'6 '03Q
AGiiEEMENT OF SEtTL.EMENt
AND MUTUAL RELEASE
WHEREAS, the parties have amicably resolved their differences as more fully set
forth in this Agreement ;and
WHEREAS, the parties, and certain non-parties, hereto agree for themselves and
for all who might claim by or through either of them, and desire to reduce their agreement
to writing so that i# shall be binding upon them and inure to the benefit of their heirs,
successors and assigns; and
WHEf~EAS, all parties to this Agreement have had the opportunity to consult with
counsel of their choosing and have had the opportunity to seek and in fact have received
the independent advice of counsel and such others of their choosing as they deem
necessary underthe circumstances and have reviewed and approved the form and content
ofi this Agreement,
NOW THEREFORE, in consideration of the foregoing and the mutual promises and
covenants herelnbelow set forth, it is agreed by and between the parties as follows:
1. The foregoing recitations, and-each of them, are true and correct and are
incorporated herein at length.
2. The Plaintiffs agree to dismiss with prejudice their Amended Complaint dated
May 22, 1997, after the court enters an order approving of the Settlement and this
Agreement. Such dismissal to be by a Stipulation of Dismissal to be executed between
the parties and to be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit.
2
Szib'd 9zb'ON SH8f11S '8 NOlSNHOt ~f31SOd S3NOt Wd9S:b 866Z'6 '03Q
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
The Stipulation of Dismissal shall provide that the parties shall bear their own fees and
costs.
3. This Agreement and the proposed abandonment of the dedication shall be
presented to the Village of Tequesta Council, and a public hearing shall be held before this
Agreement is approved.
4. Following approval by the Village of Tequesta Council of this Agreement and
abandonment of the dedication to the public of the parking area, the parties shall file a joint
motion seeking court approval of this Agreement. If court approval is granted, Tequesta
shall deliver aQuit-Claim Deed of any.. interest it may have in the area referenced as the
"parking area" in the Plaintiffs Amended Complaint, a legal description of said property
being reflected in l :xhibit "'A"" hereto, to the record .owners of Gallery Square North, as
tenants in common, Oz of Tequesta, inc.., a Florida corporation, Lighthouse Gallery, Inc.,
a Florida corporation ("Lighthouse"), and Muriel Manning ("Manning"). A copy of the
agreed form of Quit~Claim Deed is attached as Exhibit "B". As a condition to this
Agreement, Gallery and Manning, who ate not plaintiffs in this litigation, shall agree, in
exchar-ge for fihe Quit~Claim Qeed, to release any and all claims said owners may have
against Tequesta arising out of any dispute concerning Tequesta's interest in the property
legally described in the Quit-Claim Deed and to specifically agree to paragraph 9 herein
reflecting such release. Plaintiffs, Gallery and Manning further acknowledge that upon
delivery of the Quit,Claim Deed by ~"equesta, the property which is subject to the Quit-
3
SZiS'd 9Zb'ON SHH(11S '8 NOlSNHOf ~131SOd S3NOf WdLS:b 8665'6 '03Q
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
Claim Deed shall be placed on the property tax rolls. Following delivery of the Quit-Claim
Deed from Tequesta, Tequesta shall have no responsibility as to the parking area.
5. As a condition to this Agreement, Plaintiffs shall first submit to Tequesta a
current site plan, showing alt existing landscaping and improvements on the parking area
all buildings located adjacent thereto and all landscaping and improvements associated
with such buildings ("landscaping plan"). After such submittal and review, all landscaping
reflected on the landscaping plan and the property awned by Plaintiffs, Lighthouse and
Manning, as reflected on said landscaping plan, shall be deemed in current compliance
with Village of Tequesta Ordinance 377. A copy of the approved landscape plan shall be
filed with Tequesta together with a copy of this Agreement, as Appendix 1, in its permanent
property nrcords and shall also be attached to the Resolution approving this Agreement.
Changes to the approved landscape plan, other than routine replacement of existing
approved plantings, shall not be made without prior approval of Tequesta in accordance
with applicable ordinances. All plans to physically modify the parking area in any manner
and/or that will cause an increase in the useable square footage of the buildings adjacent
thereto, shall be submitted to Tequesta for review and approval before the initiation of any
improvements. All proposed construction pertaining or relating to the parking area and the
buildings adjacent thereto shall be subject to all building and land use requirements of
Tequesta.
4
9Zb ' ON SHflf11S '8 NOlSNHOf 21~1SOd S3NOr WdLS : b 8662 ' 6 ' 03Q
AGREEMENT O~ 9E7TLEAAEN'r
AND MUTUAL RELEASE
6. The Plaintiffs shall be responsible fior designing and constructing a solution
to the alleged drainage problem at the Community Savings "drive-thru", if sa desired.
Tequesta, L~#{9c~t~~end Manning shall have no obligation or responsibility with respect
to this matter.
7. As a condition to settlement, Plaintiffs, Manning and Gallery, and Tequesta
further agree that the patties shall have Reciprocal Overtlaw Parking Easements over the
property of Plaintiffs, Manning and Gallery, and Tequesta, in accordance with the terms
of the Reciprocal Overflow Parking Easement Agreement between the Village of Tequesta,
and Plaintiffs, Gallery and Manning, a copy of which is attached as Exhibit "C", which
shall be recorded by Tequesta.
8. Each party hereto agrees to bear its own fees and costs incurred in
connection with this litigation and all matters related thereto.
9. In further consideration of the foregoing, Plaintiffs, Gallery and Manning, an
behalf of themselves, and all who may claim by, on, or through each of them, do hereby
release and forever discharge each and. all the persons and entities described below as
"persons and entities" released from each and all claims described below as "Claims
Released."
A. ,Persons and Entities Released; Village of Tequesta, its officers, agents,
contractors, consultants, employees, directors, attorneys, and all other related persons and
entities,
5
Sz/L'd 9Zb'ON SHHf11S '8 NOlSNHOi' 2131S0~ S3NOr WdLS:b 8661'6 '03Q
AGREEAAENT OF SETTLEMENT
AND MUTUAL itELEl1SE
B. Claims released: The persons and entities described above as "Persons
and l=ntities Released" are released. from any and aU liability whatsoever, including all
claims, suits, demands and .causes of action of any nature, whatsoever, including claims
for attorneys' fees related to same, whether known or unknown, which Plaintiffs, Gallery
and Manning have had, now have, or may have or claim to have, arising from, or in any
way relating to, any claims by Tequesta~. as #o any ownership .interests in the property
described in Exhibit "A", except for the interest retained as reflected in Exhibit "C".
10. In furkher consideration, of the foregoing, Tequesta, on behalf of itself, and
all who may claim by, on, or through it, does hereby release and forever discharge
Plaintiffs, Gallery and Manning, from any end all liability whatsoever, for all claims, suits,
demands, and causes of action of any nature, whether:known or unknown, which Tequesta
has had, now has or may ever claim to have, arising from, arising under, ar in any way
relating to, 7equesta's ownership interest in the property described in Exhibit "A", except
to enforce Exhibit "C", the terms of this Agreement, and the landscape plan referenced
in paragraph 5.
11. The parties to this agreement, including, Manning and Gallery, agree that it
is the intent of this Agreement that all present and potential claims between the parties
hereto arising from this litigation and the facts and documents connected therewith are
deemed resolved and merged into this Agreement. All signing this agreement agree that
except as set Earth herein, there are no oral agreements between them, that there are no
6
SZiB'd 9zb'ON SHHf11S '8 NOlSNHOf ~131SOd S3NOr WdBS:b 866I'6 '03Q
AGREEMENT' O~ SE'1`1'LEINENT
AND MUTUAL RELEASE
oral or written representations made by or among the patties hereto or between the parties
hereto which are not set forth herein and this Agreement may be modified only in writing
signed by the parties hereto, This Agreement shall be construed under and according to
the laws of the State of plorida.
12. This Agreement and the exhibits hereto, and other acts made pursuant to this
Agreement, do not constitute an admission of liability on the part of any party or entity.
13, This Agreement shall be binding upon the parties, their heirs, successors and
assigns.
14. The parties acknowledge and agree that this Agreement has been drafted
by counsel for al! parties who sign this agreement in a joint effort .and that no term or
provlalon of thla Agr®ement or ~,ny ®zhibl# at#ached hereto may be more strictly construed
against any party.
15, If any term, covenant, or condition of this Agreement shall be held to be
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and
each remaining term, covenant and condition shall be valid and enforceable to the fullest
extent permitted by law.
'! 6. This Agreement may only be modified or amended upon written agreement
of all parties hereto.
'17. Nothing contained in this Agreement shall be construed to limit, effect or
annul any municipal ordinances or rules as they apply to or effect either of the Parcels.
7
Szi6'd 9Zb'ON SSHf11S '8 NOlSNHOl a31SOd S3NOf Wd85:b 8661'6 '03Q
AGREEMENT 0~ SEI"TLEAAEN'C
AND MUTUAL RELEASE
18. In the event of any litigation (including appellate proceedings) arising out of
or in connection with this Agreement and the rights, responsibilities and obligations
contained hereunder, the prevailing patty shall be entitled to recover from the losing parry,
its reasonable attorney's fees and costs.
Signed, sealed and delivered
in the presence of:
~}
- Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BF..ACH
DOROTHY CAMPBELL
The foregoing instrument was acknowledged before me this day of December,
1998, by DOROTHY CAMPBELL, who: ^ is personally known to me, ar ~ has produced
a driver's license as identification.
Cs~-l
NOTARY PUBLIC
s
~~i~lt'd 9zb'ON
SHHf11S '8 NOlSNHOl ~131S0~ S3NOf Wd6S : b 8661 ' 6 ' 03Q
AGREEMENT OF SETT~.EMEPIT
AND AAU7UAL RELEASE
OZ OF TEQUESTA, INC.
Print Name:
Print Name:
ATTEST:
Secretary
By:
tts: President
(Corporate :Seal}
STATE OF FLORIaA
COUNTY OF PALM BEACH
The, foregoing instrument was acknowledged before me this day of December,
1998, by (name} as (title), of
OZ of Tequesta, Inc., a Florida corporation on behalf of the corporation. He/She is : ^ is
personally known to me, or ^ has produced a driver's license as identification.
jSEAL]
NOTAFZY PUBLIC
VILLAGE OF TECtUESTA
Print Name:
Print Name:
gY=
Mayor Elizabeth A. Schauer
9
SZiZ1'd 9Zb'ON SHHfIlS '8 NOlSNHOf 2l31SOd S3NOf Wd6S:b 866Z'6 '~3Q
AGREEMENT Of: SETTLEMENT
AND MUTUAL RELEASE
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
1998, by ELIZABETH A. SCHAUER, as Mayor of the Village of Tequesta, a Florida
municipality on behalf of the municipality. She is : ^ is personally known to me, or D has
produced a driver's license as identification.
[SEAL]
NOTARY PUBLIO
10
9Zb ' ON SHHPIIS '8 NOlSNHOf ~J31S0~ S3NOf Wd6S : b 866T ' 6 ' 03Q
AG~tEEMENT Ofi SETI'LBMENT
ANd MUTUAL FtEL~AS~
Print Name:
LIGHTHOUSE GALLERY, INC.
By:
Its: President
Print Name:
ATTEST: (Corporate Seal)
Secretary
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
1998, by (name} as (title), of
Lighthouse Gallery, Inc., a Florida corporation on behalf of the corporation. He/She is : ^
is personally known to me, or d has produced a driver's license as identification.
[SEAL]
Print Name:
Print Name:
STATE OF FLORIDA
NQTARY I'UBL1G
MURIEL MANNING
11
SZiEt'd 9zb'ON SHHf11S '8 NOlSNHOr 2131SOd S3NOt Wd6S:b 866Z'6 '83Q
AGREEMENT OF SETTLEIYIEN7
AND MUTUAL RELEASE
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
1998, by MURIEL MANNING, who: ^ is personally known to me, or O has produced a
driver's license as identification.
NOTARY PUBLIC
~sf~-L]
N:1SGhIH 3153.3315ETTLE~.REVSdae
DeGembar, 1998
1~
SHHf11S '8 NOlSNHOf a31S0~ S3NOf Wd00:S 866Z'6 '~3Q
Prepared by and return tv:
RI=CIpROCAL t7VER~LOW PARKING I~-SEMENT AGREEMENT
This Reciprocal Overflow Parking Easement Agreement (" sement
~areP ent"), is effective , 1998, and is entered into by and
between Village of Tequesta (the "Tequesta")and Dorothy Campbell, OZ of Tequesta,
Inc., Muriel Manning, and Lighthouse Gallery, Inc., a Florida not for-profit corporation
(collectively, the "Owners"}.
RECITA!_S:
A. Tequesta owns tide to the real property described in Exhibit "A" hereto (the
"Village Parcel").
B. The Owners own title to the real property described in Exhibit "B" attached hereto
(the "Owners' Parce!"). The Village Parce! and the Owners' Parcel are hereinafter each
cogectively called a "parcel" and hereinafter collectively called the "Parcels."
C. Tequesta and the Owners wish to enter into this Easement Agreement,
S2.iSi'd 9Zb'ON SHHf11S '8 NOlSNHOt ~131SOd S3NOt Wd00:S 866T'6 '03Q
RECIPROCAL OVERFLOW PARKING I=ASEMENT AGREEMEW'r
NOW THEREFORE, for valuable consideration, the partles agree as follows:
1. Recitals. The recitals set forth in Paragraphs A through C above are true and
correct.
2. Easement Grant for the benefit of the Owners. Tequesta hereby grants to the
Owners, and their respective customers, patrons, licensees, invitees and mortgagees
and their respective tenants, and the customers, patrons, licensees, invitees and
mortgagees of the tenants (all such.parties are hereafter collectively called the "Users"),
a nonexclusive easement over and through the perking areas, driveways and drive
aisles now or hereafter consttucted on the Tequesta Parcel for designated "overflow
parking" (as hereafter defined) and for pedestrian and vehicular access to and from
such parking spaces an the Tequesta Parcel. `Chic grant is not intended to allow the
owners and the tenants at Gallery Square North, and their employees, the right to park
on the Tequesta's Parcel. The easement granted herein may be used only at such
times and to the extent that parking spaces exist on the Tequesta Parcel which are not
being used by Tequesta and its users.
3. Easement Grant for the Benefit of Tequesta. The Owners hereby grant to
Tequesta, and its users, including members of the general public, anon-exclusive
2
SZ/9i'd 9Zb'ON SHHf11S '8 NOlSNHOf ~131SOd S3NOf Wd06:S 866Z'6 '~3Q
RECIpF~OCAL oVE1~KLOW PARKING EASEMENT AGREEMENT
easement over and through the parking areas, driveways and drive aisles now or
hereafter constructed on the Owners' parcel for overflow parking and ped®strian and
vehicular access to and from the parking spaces located on the Owners' Parcel, for
purposes of attending various public meetings and functions. This grant is not intended
to allow officials of Tequesta, and its employ®es, the right to park on the Owners'
Partial, The easement granted herein may be used only at such times and to the extent
that parking spaces exist on the Owners' Parcel which are not being used by the
Owners and their users.
4. Definition of "Overflow Parking." "Overflow parking" shall mean parking for
vehicles which cannot be parked on the other parcel because all or substantially all of
the parking spaces on the other parcel are then being used to park other vehicles, but
shall not include marked spaces and other areas reserved for police, fire-rescue and
official vehicles of Tequesta.
5. _T_equesta's Maintenance Obligation. Tequesta shall maintain or cause to be
maintained those portions of the Tequesta Parcel which are used far parking and for
access to and from such parking in good condition, including the maintenance, repair
and replacement of all paved surFaces in a reasonably level, smooth condition, the
3
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
maintenance, repair and replacement of all curbs, curb cuts, parking spaces and the
striping of all parking spaces.
6. The Owners' Maintenance Oblicta„ tion, The Owners shall maintain or cause to be
maintained the Owners' Parcel in good condition, including the maintenance. repair and
replacement of all paved surfaces in a reasonably level, smooth condition, the
maintenance, repair and replacement of all curbs, curb cuts, parking spots and the
striping of all parking spaces.
7. RQlocation of parkincr and Access Structures. Each party reserves the right to
change, from time to time, in accordance with applicable ordinances, rules, and
standards of Tequesta, the location of access lanes, driveways, sidewalks, and parking
spaces located on their respective Parcels provided such relocation shat) not materially
and adversely intertere with the use of its Parcel by the other party for the purposes
contemplated by this Easement Agreement, Phis restriction shall not prohibit a
reduction in parking spaces if such reduction is otherwise permitted under all applicable
codes, standards, ordinances and regulations, The parties acknowledge that access
for overflow parking may be temporarily restricted, from time to time, because of
activities associated with approved construction on the Parcels or special events.
Owners and Tequesta agree that they shall not reduce, expand or alter their
4
SZiB~'d 9Zb'ON SHHf11S '8 NOlSNHOt ~131SOd S3NOf Wd00:S 866T'6 '03Q
RECIPROCAL OVER~IOW PARKING EASEMENT AGKEEMENT
improvements in reliance upon the use of each other's parking spaces to meet any
minimum parking space requirements of any applicable law. Likewise, this Easement
Agreement shall not restrict or otherwise adversely affect each party's ability to develop
its own Parcel, e.g., Tequesta's rights to use the Owners' Parcel for overflow parking
shall not impose a requirement on the Owners' Parcel to maintain more than the
minimum number of parking spaces allowed if the Easement Agreement did not exist.
Owners and Tequesta acknowledge that any expansion, reduction or alteration of
improvements on the Parcels, or any change in use, must be in accordance with all
pertinent landuse ordinances, requirements and codes.
8. Attorneys' l=ees, In the event of any litigation (including appellate proceedings)
arising out of or in connection with this Easement Agreement and the rights,
responsibilifiies and obligations contained hereunder, the prevailing party shall be
entitled to recover from the lasing party, its reasonable attorney's fees and costs.
9. Aoourtenant Easements. The covenants, restrictions, easements, burdens and
limitations imposed and created by this Easement Agreement shall burden the
Tequesta Parcel and the Owners' Parcel and shall run with and benefit and shall be
appurtenant to the Tequesta Parce! and the Owners' Parcel.
SZi6t'd 9Zb'ON SHHf11S '8 NOlSNHOf ~l31SOd S3NOt WdtO:S 866I'6 '~3Q
REgPFtOCaL ovERFLOw PARKING EASEMENT aGaEEMENT
10. _L'adial. Invalidity. If any term, wWenant, or condition of this Easement Agreement
shall be held to be invalid or unenforceable, the remainder of this Easement Agreement
shall not be affected thereby and each remaining term, covenant and condition shall be
valid and enforceable to the fullest extent permitted bylaw.
11. ~dQdification. This Easement Agreement may only be modified or amended upon
written agreement of all parties hereto.
12. Municipal Ordinances. Nothing .contained in this basement Agreement shall be
construed to limi#, effect or annul any municipal ordinances or rules as they apply to or
effect either of the Parcels, except as expressly provided herein.
13. Governing Law. This ~asernent Agreement shall be construed under the laws of
the State of Florida.
14. Yemtination, This Easement Agreement shall terminate and shall be of no
further force or effect if no portion of the Tequesta Parcel is owned by a govemmental
or quasi govemmental entity.
6
S~/0z ' d 9zb ' ON SHHf11S '8 NOlSNHOf ~l31SOd S3NOt WdZ 0 : S 866ti ' 6 ' 03Q
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
15. SuccessQtand Assigns. This Easement Agreement shall be binding on the
Owners and the successor owners of the Owners Parcel.
;.
16. Far the purposes of consenting to this Basement Agreement and agreeing that
their mortgages are subordinate to the terms and conditions of this Easement
Agreement the mortgagees of the Owners' Parcel and Tequesta"s Parcel have signed
below.
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name;
STATE OF FLORIDA
GdUNTY OF PALM BL~ACM
~DOROTHYCAIIAPBELL
The foregoing instrument was acknowledged before me this day of December,
1998, by DOROTHY CAMPBELL, who: ^ is personally known to me, or ~ has produced
a driver's license as identification.
[SEAL] NOTARY PUBLIC
Sz/TZ'd 9Zb'ON SHHf11S '8 NOlSNHOf i•131S0~ S3NOt WdtiO:S 866Z'6 '03Q
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
OZ OF TEQUESTA, INC.
Print Name:
Print Name:
ATTEST:
Secretary
gy:
Its: ~ President
(Corporate Seal).
STATE QF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
~ 998, by (name) as (title), of
OZ of Tequesta, Inc., a Florida corporation on behalf of the corporation. HelShe is : ^ is
personally known to me, or ^ has produced a driver's license as identification.
[SEAL]
Print Name:
Print Name:
NOTARY PUBLIC
VILLAGE qF TEQUESTA
i3y:
8
SZiZZ'd 9Zb'ON
Mayor Elizabeth A. Schauer
SHHIllS '8 NOlSNHOf ~31S0~ S3NOr WdZO:S 866T'6 '03Q
RECIPROCAL OVERFLOW PARKING EASEMENTAGREl=MENT
STATE OF FLORIDA
COUNTY. dF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
799$, by ELIZABETH A. SCHAUER, as Mayor of the Viilage of Tequesta, a Florida
municipality on behalf of the municipality. She is : ^ is personally known to me, or ^ has
produced a driver's license as identification.
[SEAL]
NOTARY PUBLIC
9
SZiEZ'd 9ZV'ON SHHf11S '8 NOlSNHOf ~131S0~ S3NOf WdzO:S 8661'6 '~3Q
RECiPROC~at, ovERF~ow P,4wcwG F.~-SEMENT AGREEMENT
LIGHTHpUSE GALLERY, INC.
print Name:
Print Name:
ATTEST:
SecrQtaty
STATE QF FLORIbA
CQUNTY OF PALM BEACH
ey:
Its: President
(Corporate Seal)
The foregoing instrument was acknowledged before me this day of December,
1998, by (name) as (title}, of
Lighthouse Gallery, tnc., a Florida corporation on behalf of the corporation. HelShe is : ^
is personally known to rne, or ^ has produced a driver's license as identification.
[SEAL]
Print Name:
print Name:
NOTARY PUBLIC
MURIEL MANNING
10
S2/bZ'd 9Zb'ON
SHHf11S '8 NOlSNHOf 2131S0~ S3NOr WdZO:S 866Z'6 '~3Q
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of becember,
7998, by MURIEL MANNING, who: ^ is personally known to me, or ^ has produced a
driver's license as identification.
[SEAL]
Print Name:
Print Name:
NOTARY PUBLIC
11
SZiSZ'd 9Zb'ON SgHf11S '8 NOlSNHOf ~l31SOd S3NOf WdZO:S 866Z'6 '03Q
STATE OF FLOI~IdA
COUNTY OF PALM BEACH
NOTARY PUBLIC
Mortgagees as to Owners' Parcel
Print Name:
The foregoing instrument was acknowledged before me this day of December,
1998, by , as ,who: ^ is personally known
to me, or ^ has produced a driver's license as identification.
[SEAL]
N:15GH1139 69-931RECIPROC.FtEVlebp