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HomeMy Public PortalAboutSubdivision AgreementRetnrn the xMr-addr,aaed sramned rnvelonrl Return To: Tbwn Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 This Instrument Prepared by: Mark F. Grant, Esquire Address: Ruden McClosky Y.A. 200 East Bmward Boulevard, Suite 1500 Fort Lauderdale, Florida 33301 Property Appraiser Parcel I.D. (Folio) Numbers(s): 11111111411 MINI INIINNNIIninI allul CFN 20140114447 OR BK 26699 PG 0106 RECORDED 04/01/2014 12:49:52 Palm Beach County, Florida Sharon R. Bock, CLERK )E COMPTROLLER Pgs 0106 - 118; (13pgs) NV �S UBDIVISION AGR>• EMENT ("Agreemenf') is made and entered into this -4day of OVC� 11 L 2011, by and between HARBOR VIEW ESTATES, LLC, a Florida limited liability company, with an address at 185 N.E. 4th Avenue, #104, Delray Beach, FL 33483 ("Harbor''), and the TOWN OF GULF STREAM, a municipal corporation of the State of Florida ("Town"), with an address at 100 Sea Road, Gulf Stream, FL 33483, and is being joined in and consented to by Harbor View Estates Association, Inc., with an address at 185 N.E. 41h Avenue, #104, Delray Beach, Florida ("Association") to acknowledge its responsibilities hereunder and the Town's enforcement rights. WITNESSETH: WHEREAS, Harbor is the owner of parcel of real property located in the Town of Gulf Stream, Florida, as more particularly described in Exhibit "Al' attached hereto and made a part hereof ("Property'); and WHEREAS, Harbor has asked the Town to approve Harbor's proposed Plat of Hidden Harbour Estates Plat Two subdividing the Property into six (6) single-family residential lots (herein called "the Plat"). A copy of the Plat is attached hereto as Exhibit `B". In this Agreement the Property's six lots are singularly referred to as a "Lot" and collectively as the "Lots". NOW, THEREFORE, for and in consideration ofthe mutual benefits and the public interest and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: RM:8113794:13 I . Recitals. The foregoing recitations are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Authority. This Agreement is entered into under the authority of the Florida Constitution (including Article VIII, Section 2(b) thereot), the general powers conferred upon municipalities by statute and otherwise, and the Town's Code of Ordinances. 3. Effective Date. This Agreement shall be effective upon recordation. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida until after approval by the Town of the Plat, and the expiration of all appeal periods applicable to such approval, or if an appeal is filed, at the denial of such appeal with the Plat approval remaining in force and effect. 4. Property Ownership. Harbor acknowledges and represents to the Town that it is the owner of the Property and is empowered to enter into this Agreement. The Town acknowledges that all terms, conditions and provisions of this Agreement shall inure to the benefit of and be binding upon any successors -in -title to Harbor to any Lot within the Property. 5. Plat Approval. A. The application for approval of the Plat is approved, subject however to all matters contained herein. B. The Plat consisting of two (2) pages is hereby approved by the Town. The Plat will be recorded in the Palm Beach County, Florida public records, as will this Agreement. C. Approval of the Plat is subject to all laws of the Town and of all other governmental bodies having jurisdiction over the Properly or the use thereof, including, without limitation, the Town's Code of Ordinances as well as all conditions set forth herein. 6. Zoning; Construction Requirements. A. The Town acknowledges and agrees that under the current applicable zoning ordinance one (1) single family residence and appurtenances (as defined and permitted under the RM:8113794:13 2 Town's Code of Ordinances) may be constructed upon each Lot within the Plat, subject to all applicable ordinances and regulations of the Town. B. In addition to compliance with non -conflicting laws of all governmental bodies having jurisdiction (including the Town), Harbor shall satisfy the following, all ofwhich must be completed within thirty (30) months following the recording of this Agreement. In connection with all responsibilities of the Association set forth herein, same may be enforced by the Town through all legal and equitable remedies. Included in the Town's enforcement rights is the right of the Town to send written notice to the Association in the event the Association fails to fulfill its obligations under this Agreement. In the event the Association does not remedy the failure within thirty (30) days of receipt of such notice from the Town, the Town has the rightto perform the work described in the notice and to lien the Lots for the cost of such work, which lien shall be effective from the date of recording any such lien. Each Lot shall be entitled to a release of any such lien by paying to the Town one-sixth (1/6) of the amount of the lien. (i) Access. Construction of the roadway within Tract A as shown on the Plat, which may currently be described as a "T-shaped" private road ("Road"), shall remain private and shall be maintained by the Association (in accordance with a Declaration of Covenants, Conditions and Restrictions of Harbor View Estates to be recorded by Harbor). There will be no ingress or egress to or from Lots 1, 2, 3, 5 or 6 from Ocean Boulevard (State Road Al A) except by way of the Road on Tract A. Lot 4 as shown on the Plat may also have a driveway onto Ocean Boulevard (State Road Al A) with a secondary access onto Tract A. (ii) Bond. Prior to construction of the Road on Tract A and/or any utility lines or drainage systems to be installed to service the Lots within the Property and any of the improvements referenced herein, Harbor shall cause a bond or a clean, irrevocable letter of credit acceptable to the Town in its sole discretion, to be issued naming the Town as obligee in an amount of $355,773, which amount is equal to 110% ofthe contract price for such improvements RM:8113794:13 in order to secure completion thereof. A performance bond posted by a licensed contractor and naming Harbor and the Town as obligees or a letter of credit obtained by Harbor naming the Town as beneficiary will satisfy the requirement of this paragraph. All bonds trust be issued by surety or bonding companies licensed in Florida and any letter of credit must be able to be presented at an institution in Florida and shall provide that venue for any action shall be in Palm Beach County, Florida and that Florida law shall govern. Harbor and the Town shall agree upon a mutually satisfactory Bond Reduction Schedule so that the bond or letter of credit is reduced as work is completed. The Bond Reduction Schedule shall provide for reductions in the bond or letter of credit upon the completion of each of the following: (a) the Road described in B(i) above, (b) the Walls described in B(v) below and (c) the Drainage System described in B (iii) below. Since Harbor has thirty (30) months to complete the work for which the bond or letter of credit shall serve as security, in the event the bond or letter of credit is due to expire before the work has been completed, Harbor shall, at least thirty (30) days prior to expiration of the bond or letter of credit, provide to the Town either a replacement bond or letter of credit or an extension agreement. The bond or letter of credit shall provide that in the event a replacement bond or letter of credit is not provided, or the bond or letter of credit is not extended at least thirty (30) days prior to expiration as set forth herein, the Town may call due the full amount due underthe bond or letter of credit and said amount shall be paid to the Town upon request of the Town. (iii) . Drainage System. The Town acknowledges that Harbor is creating a drainage system for the Property which exceeds what it is required to create under current law in that such drainage system will receive and accommodate rainwater from the roadway north of and adjacent to the Property in excess of the historical amount of rainwater that has been accommodated onto the Property ("Drainage System"). The Town's approval of the Plat is subject to the South Florida Water Management District (SFWMD) acceptance and approval of the proposed Drainage System. Harbor acknowledges and agrees that Harbor will not be permitted by the Town to RM:8113794:13 obtain a building pennit for a residence to be constructed upon any of the Lots within the Property until Harbor has obtained SFWMD approval for the Drainage System and completed to the satisfaction of the Town all other improvements referenced herein. The Drainage System shall be maintained by the Association. (iv) Agreement with Neighbors. "Hidden Harbor Estates" consists of eight (8) lots, with improvements thereon, immediately west of the Property. Harbor acknowledges and agrees that the Town's approval of the Plat was conditioned upon Harbor entering into an agreement ("Agreement with Neighbors") with some of the lot owners within Hidden Harbour Estates with respect to: (I) restricting Harbor from using the name "Hidden Harbour Estates"; (II) addressing drainage and septic issues, and Harbor's indemnification related thereto; (III) prohibiting the Lot owners from using Tract R as shown on the Plat for direct vehicular access to and from the Lots; (IV) limiting the Lot owners' vehicular access to Tract A as shown on the Plat, except that Lot 4 may have direct access to Ocean Boulevard; (V) limiting the use ofthe 20' private road and utility easement located in the western portion of the Plat (which private road and utility easement is identified on the Hidden Harbour Estates Plat recorded in Plat Book 36, Page 110) to pedestrian and golf cart traffic; (VI) maintaining the tree canopy over Tract R as shown on the Plat; (VII) maintenance of the landscape buffers (on the north and south boundaries of the Property) as shown on the Plat; (VIII) Lots 1, 2 and 3 bearing all expenses to maintain the area identified as "Tract A" of the Hidden Harbour Estates Plat recorded in Plat Book 36, Page 110 (not to be confused with the "T -road" identified as Tract A on the Plat) (the area identified on PlatBook 36, Page 110 as "Tract A" consists of the westerly portions of Lots 1, 2 and 3 to the `Private Canal' shown on the Plat, and such area is more particularly described and/or identified as "Area C" on Exhibit "C" attached hereto); (IX) the sharing of costs with respect to the maintenance of the drainage facilities within Tract R as shown on the Plat; (X) the maintenance of the 20' private road and utility easement; (XI) the installation and maintenance of retaining walls ("Walls") near RM:8113794:13 the northern and southern boundaries of the Property, which Walls shall be maintained by the Association; and (XII) the installation and maintenance of a wall at the southern terminus of the Road ("South Terminus Wall"), which South Terminus Wall shall be maintained by the Association. The Town acknowledges that Harbor and such neighbors have entered into the Agreement with Neighbors and that such Agreement with Neighbors shall be recorded amongst the public records of Palm Beach County, Florida prior to recording of this Agreement. Harbor shall reference the Agreement with Neighbors in the Declaration of Covenants, Restrictions and Easements which it shall record amongst the public records of Palm Beach County, Florida with respect to the Lots. 7. Miscellaneous. A. Wherever the word "laws" appears in this Agreement it shall be deemed to include all ordinances, rules and regulations as well as laws of the appropriate governmental authorities. B. This Agreement may not be amended except by written instrument signed by both parties hereto. C. Paragraph headings are inserted for convenience only and shall not be read to enlarge, construe, restrict or modify the provisions hereof. All references to numbered or lettered paragraphs, sub -paragraphs and exhibits refer (unless the content indicates otherwise) to paragraphs and subparagraphs of this Agreement and to exhibits attached hereto, which exhibits are by this reference made a part hereof. D. This Agreement shall be binding upon the parties hereto and upon their respective successors and assigns and shall, once recorded, run with the Property. E. In the event of the invalidity of any provision of this Agreement, same shall be deemed stricken herefrom and this Agreement shall continue in full force and effect as if such invalid provision were never a part hereof. RM:6113794:13 0 F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. G. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one in the same instrument. WITNESSES: ATTEST: r , X to Taylor, Town Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss TOWN OF GULF STREAM, a Florida muni ipal, o, oc"tion By:'f -F� erv�l? i k6 F• Koch, Jr., Mayor /5 4�' day of November, 2011 OVY By: hn C. Randolph, Town Attorney 1 HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by William F. Koch, Jr., as Mayor of the Town of Gulf Stream, a Florida municipal corporation, on behalf of the Town, freely and voluntarily under authority duly vested in him by said municipal corporation and that the seal affixed thereto is the true corporate seal of said municipal corporation. He is personally known to me or has produced as identification. this �hgC WITNESS my hand and official seal in November, 2011. My Commission Expires:• 'SO 2,0 /3 ot,Rr vU',[ GAN. C. ABBALE MY COMMISSION I DD 918106 rtt EXPIRES: September 30, 2013 -1'seveioa Bajdtd TMu BWBN Notary Smites RM:8113794:13 ti 1 1 Print" ■ STATE OF FLORIDA ) COUNTY OF PALM BEACH) ss HARBOR VIEW ESTATES, LLC, a Florida limited liability company By. Thomas D. Laudani, Manager B day of November, 2011 I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Thomas D. Laudani, Manager of Harbor View Estates, LLC, freely and voluntarily under authority duly vested in him by said limited liability company and that the seal affixed thereto is the true corporate seal of said limited liability company. He is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid thisday of November, 2011. Nots%ulAie,S%eofFlorida My Commission Expires: Print Nu beA (�'fy"c'- y'' ELIZABETH CUTAIA _ MY COMMISSION # EE070457 EXPIRES March 03, 2015 (407)398-0157 Fla ldsNob m RM:8113794:13 EXHIBIT "A" TO SUBDIVISION AGREEMENT LEGAL DESCRIPTION OF PROPERTY PARCEL I: Lots 4, 5, and the Northerly 92 feet of Lot 6, of GOLF COURSE ADDITION, according to the Plat thereof, as recorded in Plat Book 10, Page 75, of the Public Records of Palm Beach County, Florida. Tract A, of HIDDEN HARBOUR ESTATES, according to the Plat thereof, as recorded in Plat Book 36, Page 110, of the Public Records of Palm Beach County, Florida. PARCEL3: Lot 6, less the Northerly 92 feet thereof, of GOLF COURSE ADDITION, according to the Plat thereof, as recorded in Plat Book 10, Page 75, of the Public Records ofPahn Beach County, Florida. All of said lands situate, lying and being in Palm Beach County, Florida. RM:8113794:13 EXHIBIT "B" TO SUBDIVISION AGREEMENT PLAT RM:8113794:13 10 W M 0 (n .5 qq N oil e I � r n I ygygG ggQ any h q$lapEJrtypyp {j£� y En 2piC3 4 yeb J4',�$$YyyUY G oil e I � r n I . . /�§ ,. k �)\ )(e 2°\7 %Ij 997b LU � � ULj % / § § d a ,. \& lop, ! |i! iQam )(e 2°\7 %Ij 997b LU � � ULj % / § § d a EXHIBIT "C" TO SUBDIVISION AGREEMENT AREA "C" western portion of Lots 1, 2 and 3, bordered by the "Private Canal", which Area C is also known as Tract A on Plat Book 36, Page 110 RM:8113794:13 12