HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_12/10/1998
DEC. 10. 1998 4:25PM N0. 7505 P, 4
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 nferred to as "Plaintiffs"} and VILLAGE OF TEQUESTA
("Tequesta"). reflects the parties' entire agreement to resolve the pending litigation
particularly Ifnown as Dorothy M. Camnbr ell and Oz of Tequesta. Inc. v. Village of
T~eauesta, Ci~se No. CL 96-3208 AF, which is pending in the Circuit Court of the Fifteenth
Judicial CirC~it of Florida in and for Palm Beach County, Florida (the "litigation"}. In
addition, this Agreement reflects the agreement by certain non-parties to the litigation,
Muriel Manning ("Manning") and Lighthouse Gallery, Inc. ("Gallery"}, to certain specific
provisions
WITNESSETH:
Plaintiffs have filed against Tequesta a claim for declaratory relief
regarding th ownership of the parking area described in Plaintiffs' Amended Complaint
("parking a a") and to obtain an injunction preventing Tequesta from imposing any fine
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or penalty a ainst Plaintiffs pursuant to Tequesta Ordinance 377; and
Plaintiffs' claims concern title to and ownership of the parking area
which is the ~ubject of dedicatory language appearing in the Plat titled A subdivision of a
portion of Jupiter in the Pines, Section "B" riecorded in Plat Book 26, Page 215, of the
public recorr~s of Palm Beach County, Florida (the "dedication"); and
Tequesta has contested the Plaintiffs' claims; and
DEC. 10. 1998 4:26PM
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
N0. 7505 P. 5
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 it shall be (binding upon them and inure to the benefit of their heirs,
successors and assigns; an
WHEREAS, all pantie 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 ~OUnsel and such others of their choosing as they deem
necessary underthe circumstances and have revievred and approved the form and content
I
of this Agree~rrent.
NOW jfHEREFORE. ira consideration ofthe foregoing and the mutual promises and
covenants hi
1.
incorporated
2.
~reinbelow set forth, it is agreed by and between the parties as follows:
The foregoing ~ecita#ions, and each of them, are true and correct and are
herein at length.
The P{airrtiffs agree to dismiss with prejudice their Amended Complaint dated
May 22, 197, after the court enters an order approving of the Serilement and this
Agreement. ~ Such dismissal to be by a Stipulation of Dismissal to be executed between
the parties
to be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Cincuit.
2
DEC. 10. 1990 4:26PM
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
N0.7505 P. 6
The S#ipulation of Dismissal shall provide that the parties shall bear their own fees and
costs.
3. This Agr~eemgnt and the proposed abandonment of the dedication shalt be
presented t0 the Village of Tequesta Council, and a public hearing shall 6e held before this
Agreement is approved.
4. Following ap~roval by the Village of Tequesta Council of this Agreement and
abandonment of the dedic~ion to the public of the parking area, the parties shall file a joint
motion seeking court appr~val 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 Plain 'ifs Amended Complaint, a legal description of said property
being reflected in Exhibit A" hereto, to the record owners of Gallery Square North, as
tenants in c,~mmon, Oz of ~equesta, Inc., a Florida corporation, Lighthouse Gallery, Inc.,
a Florida erbrporation ("Lighthouse"}, and Muriel Manning ("Manning"). A copy of the
agreed font of Quit-Clair~t Deed is attached as Exhibit "B". As a condition to this
Agreement.` Gallery and Nanning, who are not plaintiffs in this litigation, shall agree, in
exchange for the Quit-Cla' Deed, to release any and all claims said owners may have
against Tequesta 2~rising o of any dispute concerning Tequesta's interest in the property
legally described in the Q~it 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 Tequesta, the property which is subject to the Quit-
3
DEC, 10. 1998 4:26PM
AGREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
N0. 7505 P. 7
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 a!I existing landscaping and improvements on the parking area
all buildings ~OCated adjacent thereto and all landscaping and improvements associated
with such buildings ("landscaping plan"). After such submittal and review, all landscaping
reflected on ~he landscaping plan and the property owned by Plaintiffs, Lighthouse and
Manning, as !reflected on said landscaping plan, shall be deemed in current compliance
with silage o~ Tequesta Ordinance 377. A copy of the approved landscape plan shall be
filed with TegNesta together with a copy of this Agreement, as Appendix 1, in its permanent
property recajrds and shall also be attached to the Resolution approving this Agreement.
Changes to the approved landscape plan, other than routine replacement of existing
approved pl~'ntings, shall not be made without prior approval of Tequesta in accordance
with applicable ordinances. Ail 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
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
DEC. 10. 1998 4:21PM
AGREEMENT OF SE1TI,.EMENT
AIiD MIJTlIAL RELEASE
N0. 7505 P. 8
6. The Plaintiffs shat{ be responsible for designing and constructing a solution
to the alleged drainage problem at the Community Savings "drive-thru", if so desired.
Tequesta, shall have na obligation or responsibility with respect to this matter.
7. As a condition to settlement, Plaintiffs, Manning and Gallery, and Tequesta
further agree that the partiesShall have Reciprocal Overflow Parking Easemerrts over the
property of Rlaintiffs, Manning and Gallery, and Tequesta, in accordance with the teens
ofthe Reapr~cai Overflow Perking Easement Agreement between the Village ofTequesta,
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and Plairitiff~s, Gallery and Manning, a copy of which iS attached as Exhibit "C", which
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shall be recgrded 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, on
behalf of th mse[ves, and all who may claim by, on, or through each of them, do hereby
release an forever discharge each and all the persons and entities described below as
"persons a d entities" released from each and all claims described below as "Claims
Released."
A_ Persons and Entities R a d: Village of Tequesta, its officers, agents,
employees, directors, attorneys, and all other related persons and
entities.
5
DEC. 10. 1998 4:35PM
AGREEIAENT OF SETTLEMENT
AND MUTUAL RELEASE
N0. 7505 P. 9
B. Claims Released: The persons and entities described above as "Persons
and Entities Released" are released from any and all 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 MBnnin~ have had, now have, or may have or claim to have, arising from, or in any
way relating ~to, any claims by Tequesta as to any ownership interests in the property
described in ~xhibit "A", except for the interest retained as reflected in Exhibit "C".
10. ~ !n further consideration, of the foregoing, Tequesta, on behalf of itself. and
all who mays claim by, on, or through it, does hereby release and forever discharge
Plaintiffs. Ga lery and Manning, from any and alf liability whatsoever, for all claims, suits,
demands, an causes of action of ajny nature, whether known or unknown, which Tequesta
has had, no has or may ever cl~im to have, arising from, arising under, or in any way
relating to, T uesta's ownership interest in the property described in Exhibit "A", except
to enforce E~chibit "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 inten# of this Agreement that atl 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 sit forth herein, there are no oral agreements between them, that there are no
6
DEC. 10. 1998 4:35PM
AGREEMENT OF ~ETTL
AND MUNAL RELEASE
oral or written. repr
hereto which are n
signed by the parti
the laws of the S~
12. This
Agreement,
13.
assigns.
14.
by counsel
provision of
against any
15.
invalid or un~
each remain
extent permi
16.
of al! parties
This
N0. J505 P. 10
;ntations made by or among the parties hereto or between the parties
set forth herein and this Agreement may be modified only in writing
hereto. This Agreement shall be construed under and according to
of Florida.
-greement and the exhibits hereto, and other acts made pursuant to this
constitute an admission of liability on the part of any party or entity.
-greement shall be binding upon the parties, their heirs, successors and
The arties acknowledge and agree'~tl~at this Agreement has been drafted
it all arties who sign this Agreement in a joint effort and that no term or
its A regiment or any exhibit attached`hereto may be more strictly construed
If ar{y term, covenant, or condition of this Agn~;ment shall be held to be
nfon~eable, the remainder of this Agreement shall not be affected thereby and
~g term, covenant and condition shall be valid and enforceable to the fullest
ted by law.
This Agreement may only be modified or amended upon written agreement
17. Nothing contained in this Agreement shall be construed to limit, effect or
annul any m nicipal ordinances or rules as they apply th or effect either of the Bartels.
7
DEC, 1D. 1998 4:35PM
AGREEMENT OF SETTLEIIIENT
AND AI[IJTIlAL RELEASE
N0. 7505 P. 11
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 party shall be entitled to recover from the losing party,
its reasonable attorney's fees and costs.
79. Each party agrees to take such reasonable action. and execute such
documents, consents and authorizations as may reasonably be required by a title
insurance undenHriter for the purposes of insuring title t 'the parking area, provided such
act(s) do not subject the party to any expense or liability or require the commencement of
any litigation, to carry out the intent and purposes of thJ Settlement Agreement.
Signed, sealed and delivered
in the presence of:
Print Name:
DOROTHY CA-MPBELI~
Print Name:
8
DEC. 10. 1998 4:~6PM
AGREEMENT OF ~ETTI.EMENT
AND MUTUAL REl1EASE
STATE OFF ORIDA
COUNTY OF~PALM BEACH
I
N0. ]505 P. 12
The foj~egoing instrument was acknowledged before me this day of December,
1998, by DO~tOTHY CAMPBELL, who: O is personally known to me, or ^ has produced
a drivers license as identification_
[$EpLj NOTARY PUBLIC
OZ OF TEQUESTA, INC.
Print Name:
By:
its: Pnasident
Print Name:
ATTEST:
Secretary
STATE OF FLORIDA
COUNTY OF PALM BEACH
(Corporate Sea[)
The foregoing instrument was acknowledged before me this day of pecember,
1998, by (name) as (title), of
OZ of Teque$ta, Inc_, 8 Florida corporation on behalf of the corporation. He/She is : ^ is
personally known to me, or ^ has produced a driver's license as identification.
[SEAL]
NOTARY PUBLIC
9
OEC.10.1998 4:36PM
AGREEMENT OF $ETTLEMENT
AIiW MUTUAL RELEASE
Print Name:
Print Name:
N0. ]505 P. 13
VILLAGE OF TEQUESTA
gy:
Mayor Elizabeth A. Schauer
STATE OF FILORIDA
COUNTY OF( PALM BEACH
The fgregoing instrument w,as acknowledged before me this day of December,
1998, by EL,IZABETIi A. SCHA~IER, as Mayor of the Village of Tequesta, a Florida
muniapality ~n behalf of the muni~pality. She is : ^ is personally known to me, or D has
produced a t~river's license as ide~ntification_
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i
[SEAL]
NOTARY PUBLIC
10
DEC. 10. 1998 - 4:36PM
A~aREEMENT OF SETTLEMENT
AND MUTUAL RELEASE
Print Name:
Print Name:
ATTEST:
Secretary
STATE OF FLORIDA
COUNTY OF PALM BEACH
LIGHTHOUSE GALLERY, INC.
N0. 7505 P. 14
ey:
Its: President
(Corporate Seal)
The foregoing instrument was acknowledged'before methis day of December.
1998, by (n8me) as (title}. of
Lighthouse Gattery, Inc., a Florida corporation on behalf of the corporation. He/She is : D
is personally known to me, or D has produced a drivers license as identification.
[SEAL]
NOTARY PUBLIC
Y1
DEC, 10. 1998 4:36PM
AGREEMENT OF SETTLEMENT
ANO a~uTUa~ RELEASE
Print Name:
Print Name:
STATE OF FLORID
COUNTY OF PALM BEACH
N0. 7505 P, 15
MURIEL MANNING
The foregoing instrument was acknowledged before me this day of December,
1998, by MURIEL NNING, who: ^ is personally known to me, or ^ has produced a
drivers license as identification.
NOTARY PUBLIC
[sue]
N:1SGH11
Decembe
12
DEC. 10. 1998 4: ~7PM
.~
LEGAL DESCRIPTION
N0. 7505 P. 16
That certain partxl of land described as the "Parking Area" as is more particularly
described in the Re-Subdivision of a Portion of JUPITER IN THE P1NES, Section 6. a
subdivision of Section 25, Township 40 South, Range 42 East, Patm Beach County,
Florida, as shown in the plat thereof recorded on January 27, 'f961, in Plat Book 2fi, at
Page 215, pubt"c records of Palm Beach County, Florida.
I
' - ~~ DEC. 10. 1998- 4:31PN~ ~-~~
This T>LStntmu~t Aoepaced By:
~t.Tt~1E fix SJiili:Y. PA.
West p glvd.. Suite 860
~ FL 3340 i
]'elepbone: S6i'd67~31U0
Prcpened without title C~gtmatinq
.
iu "N0. 1505
P~-Il"'tlfalld Fdx tfdllsrlAh181 f118mo 7~a`TI I i ai.
~P. 11.
y'~P~ end Idc~tiGc,~tioQ
(Folio) Numb~a(s): 604~~025100000010
Grantee(s) ~ K:
THIS
AGE 4F
cno sacs or
QUYT GYM DEED
=~xM DEED Made this day of _ I99$, AD. Batween
i
i
FY.QRiDA, a
hereinafter calked the
corporation, G. k~KAN1VI~1G, a single
_ ,.
n Florida corporati as ttsasnts Ia common, stJ
~°w, ~~ addr ~ is 4 Tradewinds Circle, Tu
uscd herein the; tcm 'Graatet"
~ and the heirs, ~1 riepee~eeu
aad aasig~pts ofexupoh~k
and I.IGATI~OUSE GALY,ERY, INS,
to the restrictions and easements stt forth
kT. 33469, hereinafter cai(ed the ~tce:
'Or+atee' iaaJude all the parties to
;s and assi~ of iadividuai~ ~ the
~'Nl"1TiE5'- ~ : That the GRANTOR for in consideration of the sum of TEN dt NO/100
(510.00) DO and other good and valuab consideration to GRANTOR iu haed paid b
Gp:A1V'TBE, the pt whereof is hereby aclvio ed ed h
to thts said 8 ~ ~ ~'~~. b+~gained and quit-ctaimcd
~ GRA2`T~'EE'S heirs d assigos;'forever, the foAowhtg described land,
situster lying and bd iA tho County of Palm Be State o€Fityrida, to wit:
That certain. ""cet of land described as "Parkin
described in : T- S ~" as is more partiatkariy
R~Subdivis~o~n of a Port, n of]LTPITER kN TIC F~1ES, Section
B, a subdi ' 'on of Suction ZS, Townshi 40 Soutks Rasge 42 E p
~mY. as shown in the plat thcr f recott3ed on January 27196, B p~
Book 26 at P ge 21 S, public; records of P $cach Coup
~y, Florida.
This eon is made to the gr'arsttxs in
~ ~~ ~ 9 ~ la ~' ~ TF1E PXIVES, Plat l
County. Florida, of granters arG all of the o~
to the land being con ed herein, and is intended i
mmoa as aA appurtco$nGe to Lots 1, ?, 3, 4, 5,
fk 26, Page 2 k5, public records of Palm Brach
a's of said pa<~~ each ~~~ ~ contiguous
the common use and benefit ofthe grantees in
IT
t:ipal corporation csirting ander t6c laws of
and of of rEQv1~sTA, kn~rc., a F<oreas
~~B ~~
DEC. 10. 1998 4: 31PM - -----~ - - -"--~ 1~ ~ N0. 7505 P, 18
,~"
,•
" the land conveyed as and for ingress aAd egress, motor vehicle parking and non-exclusive mutual
perpetual easemwrts appurtenant therefor. ~ ---
TO $A'VE AND TO ~1pLA the sasne~ together with all and singular the appurtenances
~ thereauto belonging or in anywise apputaining aqd atl the estate, right, title; mtcrGSt, lien, equity and
claim whatsoever of the said 5rst~ party, either in taw or equity, to the only proper use, benefit and
behoof of the said second party forever.
YN WITNESS WHLR,EQLz, the gantor has herxunto s~ their hand and seal the day and year
first above written.
Silgued in the Presence pf:
Print Name:
Print Nacre:
Print Name;
Print Name:
STATE OF FLORIDA
I
i
COI1N'lY OF PALMBEACH
. The foregoing ir~stnucamt ~
day of ~„~; 1998, by ELL2
~ Tequ~esta, a ctmrciapality in Palm B~
is [ j personatiy !mown tome, ar [
}
}ss.
GRANI'Oit:
VA.LAG~ OF TEQ~ST~, a municipal
oorpocation existing undo tlu; laws bf tha State
of Florida
By:
1<ts Mp~igr
~~
_ Attest: ~-
its City Clerk
o~
s sworn to, subscribed and acknowlalged before me this
EiIrTH SCHAtTIrR who executed it as Mayor of the Vcllage of
:h County, Hptj~, on behalf of the mtuueapal corporation. She
has produced a drives license as identificazion and did/did not
~4
Q
~~ DEC. 10. 1998 4:38PM
~~-,
take an oath_
Y
I i
I i
•N0. 7505 - P. 19
Notary Publiq State of Florida at Large
[N'otary Seal] My Comrnissiosr F,xpires:
Type ~ Print Notary Nano:
The focegoi»g ir~ument wag sworn to, sabscnbed and acknowledged before me this
day of , 1998, by JOArIlV MANGANIIIZO who executed it as the City Clerk of
the Village Of TequGSta, a tt1t1t11Clpatity in Palm $each County, Florida, on behalf of the municipal
corporation. She is [ l P~oh~1Y known ~ rne, or [ ] hu produrxd a driver's licerLge as
idcntibcarion and didldid not takc an oath.
[Notary Scat]
Notary Public. State ofFlorida
_ Mty Cornrtussion IrxpirCS; V
Type ocpriat Nexsry Ns~na:
0
TOTAL P.Q~
DEC. 10. 1998 4:38PM
Rrepared t~yr and return Do'
RECIPi70CAL
This
between Vil
Inc., Muriel
(collectively
is effective _
~e of Tequest
anning, and L
he "Owners°).
RECITALS:
A.
owns titie t~the real property described in Exhibit "A" hereto (the
l3, The Hers own tit! the real property described in Exhibit "B" attached hereto
(the "O n r I"). The iAage Parcel and the Owners' Parcel are hereinafter each
collectively sled a "Parcel" nd hereinafter collectively called the "P rce! ."
C.
eee•~
EXHIBIT
..C..
and the Ov~ers wish to enter into this Easement Agreement.
N0.7505 P. 20
LARKING EASEMENT AGREEMENT
Parking Easement Agreement ("E s~ ement
1998, and is entered into by and
"Te~uesta") and Dorothy Campbell, OZ of Tequesta,
ruse Gallery, Inc., a Florida not-for-profit corporation
DEC. 10. 1998 4: BPM
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i
RECIPROCAI.OVE~iFLO'
II
NOW THEI
1.
correct.
N0. 7505 P, 21
PARKING EASEMENT AGREEMENT
FARE, for valuable consideration, the parties agree as follows:
The recitals set forth in Paragraphs A through C above are true and
2. Ease nt G nt fo the Bee f t e Owners. Tequesta hereby grants to the
Owners, and eir respective cu mers, patrons. licensees, invitees and mortgagees
and their res ective tenants, and a customers. patrons, licensees, invitees and
mortgagees f the tenants (all su parties are hereafter collectively called the "Users"),
a non-exGus a easement over a d through the parking areas, driveways and drive
aisles now hereafter construct on the Tequesta Parcel for designated 'overtlow
parking" (as ereafter defined) and for pedestrian and vehicular access to and from
such parking spaces on the Tequesta Parcel. This grant is~not intended to allow the
owners and a tenants at Gallery Square North, and their employees, the right to park
pn the Tequ ta's Parcel. The easement granted herein may be used only at such
times and to a extent that parking spaces exist on the Tequesta Parcel which are not
being used Tequesta and its users.
3.
t. The Owners hereby grant to
Tequesta, ar f d its users, including members of the general public. a nan-~xcfusive
2
DEC. 10. 1998 4:39PM
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
N0. 7505 P, 22
easement over and through the parking areas, driveways and drive aisles now or
hereafter constructed on the Owners' parcel for overflow parking and pedestrian 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 offici~ls of Tequesta, and its employees, the right to park on the Owners'
Parcel. The asement granted herein may be used only at such times and to the extent
that parking paces exist on the Owners' Parcel which are not being used by the
Owners and their users.
4. Definit.~on of "Overflow Parking." "overflow parking" `shall mean parking for
vehicles whi h cannot be parked on the other parcel because all or substantially all of
the perking s aces on the other parcel are then being used to park other vehides, but
shalt not include marked spaces and other areas rese-ved for police fire-rescue and
official vehicles of Tequesta.
5. Tequr~ta's Maintenance Obligation. Tequesta shall maintain or cause to be
maintained t ose portions of the Tequesta Parcel which are used for parking and for
access to an from such parking in good condition; including the maintenance, repair
and
of all paved surfaces in a reasonably level, smooth condition, the
3
DEC. 10. 1998 4:39PM N0. 1505 P. 23
RECIPROCAL OVERFLOW PARKII~IG EASEMENT AGREEMENT
maintenance, repair and replacement of all curbs, curb cuts. parking spaces and the
striping of all parking spaces.
6. The Owners' Maintenanc Obligation. The Owners shall maintain or cause to be
maintained tie Owners' Parcel in good condition, including the maintenance, repair and
replacement of al! aved surfaces in a reasonably level, smooth condition, the
maintenance, repa r and replacement of all curbs, curb cuts, parking spots and the
striping of all parking spaces.
7. Relocation of Parking_and Access Structures. Each party reserves the right to
change, from time to time, in accordance with applicable ordinances, n,les, and
standards of Yequesta, the location of access lanes, driveways, sidewalks, and p2lrking
spaces located on their respective Parcels provided Such relocation shall not materially
and adversely intertere with the use of its Parcel' by the other party for the purposes
contemplated by this Easement Agreement. This 'restriction shat! not prohibit a
reduction in `parking spaces if such reduction is otherwise permitted under all applicable
codes, standarcs, ordinances and regulations. The parties acknowledge that access
far 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
-~-- ~~ DEC. 10. 1998 4:39PM
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEII~NT.
N0. 7505 P. 24
improvements in reliance upon the use of each other's parking spaces to meet any
minimum parting 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 overtlow parking
shalt not imp~se a requirement on the Owners' Parcel to maintain more than the
minimum nurpber of parking spaces allowed if the Easement Agreement did not exist.
Owners and ~'equesta acknowledge that any expansion, reduction or alteration of
on the Parcels, or any change in use, must be in accordance with all
pertinent lan~luse ordinances, requirements and codes.
8. Atto.~, s' Fees. ~n the event of any litigation (inducting appellate proceedings)
arising out odor in connection with this Easement Agreement and the rights.
and obligations contained hereunder, the prevailing party shall be
entitled to recover from the losing party, its reasonable attorney's fees and costs.
9. Appur~er~nt Easements. The covenants, restrictions, easements, burdens and
limitations i sect and created by this Easement Agreement sha[I burden the
Tequesta Pa el and the Owners' Parcel and shall run with and benefit and shall be
appurtenant ~o the 7equasta Parcel and the Owners' Parcel.
5
DEC. 10. 1998 4:40PM
N0, 7505 P, 25
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
10. Partial 1_ v li ' If any term covenant, or condition of this Easement Agreement
shalt 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 fiullest extent permitted by law.
I f I
1
11. odifi .This E~sement Agreement may only be modfied or amended upon
written agree~nen of~ all parties hereto.
12. Muni
construed to limit, effector
effect dither of the Parcels,
13. Governinc,~,t_aw.
the State of Florida.
14. Termi
further force
or quasi gov
This I
tifno
Nothing contained in this Easement Agreement sh2111 be
wl any muniapal ordmainces or rules as they apply to or
;ept as expressly provided herein.
Easement Agreement shall be construed under the taws of
nt Agreement shall terminate and shall be of no
of the Tequesta Parcel is owned by a governmental
6
DEC. 10. 1998 4:~OPM
RECIPROCAL
PARKING EASEMENT AGREEME-~
N0. 7505 P. 26
15. Suc sor and Assigns. This Easement Agreement shall be binding on the
Owners and he successor owners of the Owner's Parcel_
16. Mutu I' .The easement interests granted herein are conditioned upon both the
Owners' Pa el and the Tequesta Parcel being subject to the easement. If the
easement i xtinguished by law as to one parcel. it shall likewise be deemed
extinquishe as to the other parcel and this Easement Agreement shall have no further
force or
Signed; sea d and delivered
in the pr ce of.
Print Name:
Print Name:
DOROTHY CAMPBELL
STATE OF ORIDA
COUNTY O, PALM BEACH
The ing instrument was acknowledged before me this day of December,
1998, by DO OTHY CAMPBELL, who: ~ is personally known to me, or ~ has produced
a driver's lic nse as identification.
[S~-L]
NOTARY PUBLIC
7
DEC. 10. 1998 4:40PM
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
i
OZ OF TEQUESTA, INC.
N0. 7505 P, 27
SY
Print Name:: .Its: President
Print Name:
ATTEST: ~ (Corporate Seal)
Secretary
STATE OF OR'DA
COUNTY O PAITM BEACH
The fo going instrument was acknowledged befiore me this day of December,
199$, by (name) as (title), of
OZ of Tequ . Inc., a Florida corporation on behalf of the corporation. He/She is :pis
personally awn to me, or ^ has produced a driver's license as identification.
[S EA[_]
NOTARY'PUBLIC
VILLAGE OF TEQUESTA
Print Name:
Print Name:
sy:
Mayor Elizabeth A. Schauer
8
• DEC. 10. 1998 4:41PM
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMEI~f'f
Na. X505 P. 2a
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 ^ has
produced a driver's license as identification.
[SEAL]
NOTARY PUBLIC
9
DEC. 10. 1998 4: 41 PM
RECIPROCAL OVERFLOW PARKING EASEMENT AGREEMENT
LIGHTHOUSE GALLERY, INC.
By:
Print Name: Its: President
Print Name:
ATTEST: (Corporate Seal)
Secretary
N0. 7505 P. 29
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
1998, by (name) as (titre), of
Lighthouse Gallery, Inc., a Florida corporation on behalf of the corporation. HelShe is : C]
is personally known to me, or D has produced a drivers license as identification. .
(SEAL]
Print Name:
Print Name:
NOTARY PUBLIC
MURIEL MANNING
10
u E~. 1 U. 1998 4: 41 PM N0. 1505 P. 30
REC{PRpCAL OVERFLOW PARKIN(`, EASEMENT AGREEMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of December,
1998, by MURIEL MANNING, who: O is personally known to me, or ^ has produced a
driver's license as identification.
~sEALI
N:~.SGM13153,931REGPRaC.REV1ebp
NOTARY PUBLIC
11
UEC.10.1998 4:41PM
~~~
;~
LEGAL DESCRIPTION
N0. /50h P. 31
PARCEL 3: A parcel of land in Section 30, Township 40 South, Flange 43 East, Palm
Beach County, Florida, more particularly described as follows-
Commence at a point in the west line of said Section 30 at a distance of 1,004.75 feet
north of the southwest corner thereof, said point being in the north right-of-way line of an
80-foot proposed road and the point of beginning of the herein described parcel of land;
thence Continu northerly along said west line. of Section 30 a distance Qf 435 feet to a
point; thence a teriy, making an angle of 90 degrees from south tv east, a distance of 300
feet t0 a point; ence southerly, parallel to the said west line of Section 30 a distance of
465.82 feet to a point in the arc of a curve concave to the south the radius of which is
1,540 feet and central angle of which is 11 degrees 13 minutes 55 seconds, said point
being in the northerly right-of--way line of the aforementioned proposed road, making an
angle of 78 degrees 31 minutes 05 seconds from north to northwest to the tangent of said
curve; thence northwesterly and westerly along the arc of said curve a distance of 301.89
feet to a point o tangency; thence westerly along a line tangent to said curve a distance
of 0.17 feet to tl~e point of beginning.
PARCEL "C" o a Re-subdivision of a portion of .JUPITER IN THE PINES, Section "8",
according to th plat thereof recorded in Plat Book 26. page 215, of the Public Records of
Palm Beach C nty, Florida.
~cHlelr „A'.
• DEC. 10. 1998 4:42PM
~~
4EGAL DESCRIPTION
N0. 1505 P. 32
That certain parcel of land described as the uParking Areap as is more particularly
described in the Re~Subdivision of a Portion of JUPITER IN THE PINES, Section B, a
subdivision of Section 25, Tpwnship 40 South, Range 42 East, Palm Beach County,
Florida. as shown in the plat thereof recorded on January 27, 1961, in Plat Book 26, at
Page 215, public re i rds of Pal i Beach County, Florida
~vl~lBlT ~~p~r