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HomeMy Public PortalAboutGulf Stream Golf ClubMODIFICATION OF LEASE AGREEMENT WHEREAS, a Lease Agreement was entered into on February 11, 1977, by and between Gulf Stream Golf Club, a Florida corporation, as Lessor, and The Town of Gulfstream, a municipal corporation, as Lessee; and, WHEREAS, the parties have agreed to certain modifications to said Lease Agreement, NOW, THEREFORE, it is agreed between the parties as follows: 1. The annual rental as provided in paragraph 3 of said Lease Agreement dated February 11, 1977, is reduced to $5,750.00 annually beginning with the commencement of the next lease year, to -wit: Subject to the following: A. The Town of Gulfstream demolishing the water tower and tank described in paragraph 1 of said Lease within a reasonable time as demolition bids from contractors are approved by the Town Council of the Town of Gulfstream. B. Adequate insurance against liability and property damage, personal injury and death be provided by the contractor to whom the demolition bid is awarded in the amount acceptable to Lessee and Lessor and Lessor named is one of the insured parties. C. Should the contractor require ingress or egress to any property of Lessor other than the property subject to said Lease contractor and Lessee shall be afforded such ingress and egress strictly in accordance with the provisions of paragraph 6 of said Lease. 2. The parties agree that Lessor may proceed forthwith to remove the present fence surrounding the base of the tower and tank in order to preserve said fence for future use. Lessee agrees to release said fence from any and all provisions of said Lease Agreement. 3. The aforesaid Lease Agreement shall remain in full force and effect except as hereinabove modified. IN WITNESS WHEREOF, the parties have executed this Modification of Lease Agreement by their duly authorized officers on this 9 day of June, 1978. W SES: ; GULF STREAM GOLF UB By: Pres ATTEST: Secretary O WITNESSES: TOWN OF GULFSTREAM ATTEST: Town Clerk (SEAL) LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this I/ day of Ebbruary 1977, by and between Gulf Stream Golf Club, a corporation existing under the laws of the State of Florida, hereinafter referred to as Lessor, and the Town of Gulfstream, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as Lessee; WITNESSETH: WHEREAS, Lessor owns and operates a water plant consisting of wells, tanks, pumps, and appurtenances located partly within the Town of Gulfstream and on lands adjacent thereto, and Lessor is presently providing water to the Town of Gulfstream for its use and the use of the inhabitants of the Town of Gulfstream under an agreement dated January 13; 1966, and WHEREAS, said agreement, by its terms, expires on April 30, 1979, and WHEREAS, Lessee is negotiating or has negotiated an agreement with the City of Delray Beach, a neighboring munici- pality, to provide its required supply of potable water for the use of Lessee and its inhabitants and customers, and WHEREAS, Lessee desires to lease from Lessor a por- tion of Lessor's water plant and facilities more fully here- inafter described, and WHEREAS, the parties have reached an agreement in that regard, NOW, THEREFORE, in consideration of the premises and of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: 1. The property, both real and personal, subject to this lease, is a parcel of land approximately 1/4 acre in size, situate, lying and being in the County of Palm Beach, State of Florida, more fully described on Attachment No. 1 affixed hereto, together with a 12 -inch underground water main or pipe extending eastward from a point approximately 200 feet east of Highway U. S. 1, northbound lane, and approximately 30 feet north of Avenue Au Soleil, in the Town of Gulf Stream, lying west of the Intracoastal Waterway to, and then under, the Intracoastal Waterway to the water tower and tank now located on the parcel of land as shown on Attachment No. 1, and the water tower and tank and such valves and other equip- ment needed for operation and use of said 12 -inch pipes. The route of the aforesaid 12 -inch underground water pipe and point of connection is shown in red on Attachment No. 2 affixed hereto. 2. The Lessor hereby lets and leases the above de- scribed property and facilities to Lessee for a period of thirty (30) years from and after the commencement of this lease. This lease shall commence and coincide with the date the Lessee actually begins receiving water from its proposed supplier, the City of Delray Beach, but not later than six (6) months prior to the expiration of the existing agreement, i.e., on October 30, 1978. 3. The rental agreed to be paid by Lessor unto Lessee is the sum of Six Thousand Two Hundred Fifty Dollars ($6,250.00) annually,payable in advance at the beginning of each lease year during the term of this lease. 4. The use of the leased property described here- in shall be for the purpose of transmitting potable water to the Lessee for distribution to its customers from sources within the control of the City of Delray Beach pursuant to contract dated the 1-3 day of /9A /V 197-A, and shall 0 be used for no other purposes. 5. It is agreed that Lessee may purchase from Lessor the property hereinabove described at any time dur- ing the term of this lease at a price to be determined as of the date the option to purchase is exercised. Lessee shall notify Lessor in writing by certified mail of its intent to exercise said option and a purchase price shall be determined within 60 days of the receipt by Lessor of said notice. The purchase price shall be determined by mutual agreement of the parties based upon the then fair market value of the prop- erty. If the parties are unable to agree upon the fair market value, it is agreed that each party shall appoint an appraiser and the two so appointed shall name a third appraiser and that the three appraisers so named shall determine the fair market value of said property, which determination shall be final and binding upon the parties hereto. The purchase price shall not include value for any improvements made to the leased premises and property by the Lessee during the term of the lease (said improvements being the sole property of the Les- see except as hereinafter provided in Paragraph 9 hereof). 6. Lessee will maintain the leased property and the Lessee, its agents or representatives,shall have the right of ingress and egress to the leased property at any and all reasonable times as required to adequately operate, maintain and improve said facilities. Should Lessee desire to use any portion of the golf course for ingress or egress, prior consent of Lessor must first be obtained. Lessee after prior notice and full consultation and review to and with Lessor shall have the right to alter, remove, improve, repair and maintain any of the facilities located on the leased prop- erty which are the subject of this lease, and which are deemed necessary by Lessee for proper maintenance and operation of the facilities located thereon. Such notice, consultation and 3 review shall not be required when regular or routine main- tenance is undertaken by Lessee. 7. Lessee may cancel this lease.upon six (6) months' notice, and Lessor shall return a pro -rata share of the annual rental as of the effective date of cancellation. 8. In the event the anticipated supply of water to the Lessee from the City of Delray Beach is terminated either temporarily or permanently for any reason, Lessor agrees to provide to Lessee such water as its then capabilities permit at a rate to be negotiated by mutual agreement of the parties or in the absence of such agreement the rate shall be fixed by arbitration in accordance with procedures described in Paragraph 5 above. Lessor shall continue to provide such water as its capabilities permit until such time as Lessee is able to obtain another source of water adequate to meet its requirements. Further, in consideration of the above, in the event Lessor requires water from Lessee on a temporary basis during the term of this lease, Lessee shall supply to Lessor a supply of water sufficient to provide Lessor with an adequate supply of water subject to the capabilities of Lessee to provide same and at a rate to be mutually agreed upon by the parties, but in no event less than ten (10) per cent over the cost paid by Lessee to its supplier. 9. Upon termination of this lease by lapse of time or otherwise, Lessee shall remove such equipment, fixtures and improvements installed by the Lessee during the'term of this lease as shall be requested by the Lessor. It is under- stood that all equipment, fixtures and improvements installed by Lessee during the term of this lease shall become the prop- erty of Lessor, provided, however, that in the event Lessee elects to purchase the property subject to this lease as 0 provided in Paragraph 5 above, any equipment, fixtures and improvements installed by Lessee during the term of this lease the value thereof shall be excluded in arriving at the purchase price of the leased property. 10. The performance of all covenants herein con- tained shall be postponed and suspended during such period as the performance thereof is prevented by acts of God, ac- cidents, weather and conditions arising therefrom, strikes, boycotts, lock -outs and other labor troubles, riot, fire, earthquake, flood, storm, lightning, epidemic, insurrection, rebellion, revolution, civil war, hostilities, war, the de- claration or existence of a national emergency and condi- tions arising therefrom, the exercise of paramount power by the federal government, either through the taking of the demised premises or, the imposition of regulations re- stricting the conduct of business thereon, acts of enemies, sabotage, interference, restrictions, limitation or preven- tion by legislation, regulation, decree, order or request of any federal, state or local government or any instrumentality or agency thereof, including any court of competent juris- diction, inability to secure labor or adequate supplies of materials, products or merchandise or any other delay or contingency beyond the reasonable control of Lessor or Lessee. 11. In the event Lessee should exercise as its option to purchase the leased property as set forth in Para- graph 5 above, the purchase price shall be paid in cash at the time of closing unless the parties mutually agree upon some other terms and method of payment. 12. During the term of the lease Lessee shall hold Lessor harmless and indemnify Lessor against any claims of every kind and nature including but not limited to property !.7 damage, personal injury or death, failure of the water system leased to Lessee, it being understood that Lessee accepts the leased property in its present condition and assumes full re- sponsibility and liability for maintenance of the leased prop- erty.Subject to the provisions of Paragraphs 6 and 9 above, Lessee shall return the leased property upon the termination of this lease unto Lessor in the same condition as the same existed at the commencement of the term of this lease. 13. Concurrent with the commencement of the term of this lease, the aforesaid agreement dated January 13, 1966, between Lessor and Lessee shall be terminated, cancelled, and held for naught. 14. This lease may not be assignable without the prior written consent of Lessor. IN TESTIMONY WHEREOF, the Lessor has caused this Lease Agreement to be executed in its name and behalf, under its corporate seal, by its President and attested by its Secretary, and the Lessee has caused this Lease Agreement to be executed in its name and behalf, under its corporate seal, by its Mayor and attested by its Town Clerk, by au- thority of the resolution of the Town Commission of the Town of Gulfstream, duly adopted at a meeting thereof duly called and held. GULF STREAU=gq1 CLUB By Pr idle t (SEAL) (SEAL) ATTEST: " S • La pnlz 6 Town Clerk C :E r U ;i —i 1 O _ J ;i —i 1 O _ or .1 1 al � I UJ V .. CL Ch h 0 -sdo > ATTACHMENT 1 q"TR N m _ r iN 1^ < S a < T ! 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AGREEMENT THIS CONTRACT Made this /3'4 Tmn.�"Y 1746 day of , A.D. , by and between GULF STREAM GOLF CLUB, a corporation organized and existing under the laws of the State of Florida, hereinafter sometimes called "the Club," party of the first part, and TOWN OF GULF STREAM, a municipal corporation of the State of Florida, hereinafter sometimes called "the Town," party of the second part, WITNESSETH: WHEREAS, the Club owns and operates a water plant consisting of wells, tanks, pumps, etc., located in the Town of Gulf Stream, and WHEREAS, the party of the second part desires to procure a supply of water for the use of the inhabitants of the Town of Gulf Stream and for fire protection purposes, and has requested the Club to furnish to it water from its said water plant for such purposes; and WHEREAS, the party of the second part has examined the said water plant and the water obtained therefrom and is satis- fied that the water now being obtained therefrom is a good quality water and satisfactory for domestic use by the in- habitants of the Town of Gulf Stream, and that said water plant is capable of producing the delivering, at a satisfactory pressure, such water in quantities sufficient for the needs of the Town of Gulf Stream and its inhabitants. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements herein contained, the parties hereto do hereby covenant and agree to and with each other as follows: 1. That this contract shall be in effect for and during a period of ten (10) years commencing May 1st, 1969, PROVIDED, HOWEVER, that before the Club is obligated to com- mence supplying water to the Town hereunder, the Town shall acquire all water mains within its territorial limits which are now in use for supplying water to the Town of Gulf Stream and its inhabitants, and shall furnish to the Club evidence thereof satisfactory to the Club. -1- E 2. That for and during the said period of ten (10) years, and any extension thereof, the party of the second part will purchase from the party of the first part all of the water supplied to the inhabitants of the Town of Gulf Stream for domestic purposes and used by the Town of Gulf Stream for fire protection pruposes. 3. That the Town shall pay to the Club twelve cents (12¢) per one thousand (1000) gallons for all water supplied to the party of the second part by the party of the first part, as measured by a master meter to be installed by the party of the first part at or near its water tower in the Town of Gulf Stream; that the foregoing price of twelve cents (12¢) per one thousand (1000) gallons, as fixed and agreed to, was on the assumption and agreement that the Town will acquire, operate and maintain all water mains installed in the Town of Gulf Stream for use in supplying the Town or any of its inhabitants with water for said purposes except such as are installed and used by the Club for the purpose of supplying water for use on its golf course, at its club house and other buildings, or otherwise. The Town is presently charging its inhabitants for water at the rate of twenty cents (20¢) per one thousand (1000) gallons and it is understood and agreed that if the Town increases the cost of water to the inhabitants of the Town or to other consumers, then the Town shall pay to the Club a sum equal to sixty (60) per cent. of the total charge made by the Town. 4. That bills for water supplied hereunder by the Club to the Town during each calendar month for the period covered by this contract, or any extension thereof, shall be rendered by the Club to the Town on or before the 15th day of the month next succeeding the month such water is supplied, and shall be paid within thirty (30) days from the date when they a rendered. 5. That the Town during the period covered by this contract, or any extension thereof, -shall maintain and keep its water distributing system in good repair and condition in order that the water supplied by the Club to the Town be not diminish in quantity or otherwise impaired. -2- 6. That the Club will, during the period covered by this contract, or any extension thereof, construct, operate and maintain such additional pumps and wells as are necessary to produce and furnish to the Town an ample supply of water for the use of the Town of Gulf Stream and its inhabitants at a satisfactory pressure, provided, however, that it is agreed by and between the parties hereto that such pressure shall be, and shall be deemedto be, satisfactory if, as measured at a point on the water main or pipe line, which delivers the water from the water supply of the Club to the main or pipe line of the Town, located at or near its water tower, shall be equal to or exceed fifty (50) pounds per square inch. 7. That the Club, from time to time as required, will construct, operate and maintain such additional pumps and wells as are necessary to produce and furnish to the Town for and during the period covered by this contract, or any extension thereof, an ample supply of water for its use and the use of its inhabitants for the purposes aforesaid, provided such supply can be procured and obtained from wells located on property which it now owns and controls. 8. At any time during the period covered by this tract, or any extension thereof, if it becomes necessary or de- sirable for the Town so to do the Club will permit the Town to install on the property of the Club, near its water tower, at a place or places to be designated by the Club, a chlorinating unit with or without a purification unit incorporated therein or attached thereto for treatment of the water furnished by the Club to the Town hereunder, and any such chlorinating unit shall be installed, operated and maintained by the Town at its own expense. 9. It is expressly understood, stipulated and agreed by and between the parties hereto that the party of the first part, for and during the period covered by this contract, or any extension thereof, shall have the exclusive right to supply the Gulf Stream Golf Club with such water as it requires for use on the golf course and at its club house and other buildings, or otherwise, and for such purpose shall have the right to lay, -3- operate and maintain its water mains or pipe lines in, upon, under or across the public streets or highways in the Town of Gulf Stream. 10. That the Club for and during the period covered by this contract, or any extension thereof, shall not sell or dispose of its water plant or any interest therein without first giving to the Town a reasonable opportunity to purchase the same at the same price and under the same conditions as to payment or otherwise. 11. That as a part of the consideration of this con- tract the Town will enact and enforce all such ordinances as are or may be necessary for the protection of the water supply and plant of the Club for and during the period covered by this contract, or any extension thereof; and that the Town agrees that it will not install or use, or permit to be installed or used, any booster pump or other device for the purpose of accelerating the flow or increasing the pressure in any main used for the distribution of the water furnished by the Club to the Town hereunder, or upon any connection therewith on public or private property. 12. It is agreed by and between the parties hereto that should the water derived by the Club from its said wells become salty or otherwise affected so that the Town cannot make the same satisfactory for use by the inhabitants of the Town of Gulf Stream by chlorination or purification, or both, then, upon reasonable notice by the Town to the Club, the Town shall have the right to cancel this contract; and in the event of any such cancellation the Club shall discontinue the supply of water to the Town but shall not be responsible to the Town in damages by reason of its inability to supply water of satis- factory quality. IN TESTIMONY WHEREOF, the party of the first part has caused this contract to be executed in its name and behalf, under its corporate seal, by its President and the same to be attested by its Secretary, and the party of the second part, -4- Town of Gulf Stream, has caused this contract to be executed in its name and behalf, under its corporate seal, by its Mayor and the same to be attested by its Town Clerk, by authority of a resolution of the Town Commission of the Town of Gulf Stream, duly adopted at a meeting thereof duly called and held, as of the day and year first above written. Witness �� ,,,/ GULF STREAM GOLF CLUB Byresit en as to U'urr tstream Golf Club Witness: c As to Town of Gulf Stream (Seal) At Secretary TOWN W GULF !�'LD (Seal) Attest: 'miler -5- THIS CONTRACT Made this 7 day of A. D. 1949, by and between GULF STREAM GOLF CLUB, a corporation organized and existing under the laws of the State of Florida, hereinafter sometimes called "the Club", party of the first part, and TOWN OF GULF STREAM, a municipal corporation of the State of Florida, hereinafter sometimes called "the Town11, party of the second part, WITNESSETH: WHEREAS, the Club owns and operates a water plant consisting of wells, tanks, pumps, etc., located in the Town of Gulf Stream, and WHEREAS, the party of the second part desires to procure a supply of water for the use of the inhabitants of the Town of Gulf Stream and for fire protection purposes, and has requested the Club to furnish to it water from its said water plant for such purposes; and WHEREAS, the party of the second part has examined the said water plant and the water obtained therefrom and is satis- fied that the water now being obtained therefrom is a good quality water and satisfactory for domestic use by the in- habitants of the Town of Gulf Stream, and that said water plant is capable of producing and delivering, at a satisfactory pressure, such water in quantities sufficient for the needs of the Town of Gulf Stream and'its inhabitants. NOW, THEREFORE, in consideration of the premises and of the covenants and agreements herein contained, the parties hereto do hereby covenant and agree to and with each other as follows: 1. That this contract shall be in effect for and V during a period of ten (10) years commencing 1st, 1949, PROVIDED, HOWEVER, that before the Club is obligated to commence supplying water to the Town hereunder, the Town shall acquire all water mains within its territorial limits which are now in use for supplying water to the Town of Gulf Stream and its inhabitants, and shall furnish to the Club evidence thereof satisfactory to the Club. 2. That for and during the said period of ten (10) years, and any extension thereof, the party of the second part will purchase from the party of the first part all of the water supplied to the inhabitants of the Town of Gulf Stream for domestic purposes and used by the Town of Gulf Stream for fire protection purposes. 3. That the Town shall pay to the Club twelve cents (12¢) per one thousand (1000) gallons for all water supplied to the party of the second part by the party of the first part, as measured by a master meter to be installed by the party of the first part at or near its water tower in the Town of Gulf Stream; that the foregoing price of twelve cents (12¢) per one thousand (1000) gallons, as fixed and agreed to, was on the assumption and agreement that the Town will acquire, operate and maintain all water mains installed in the Town of Gulf Stream for use in supplying the Town or any of its inhabitants with water for said purposes except such as are installed and used by the Club for the purpose of supplying water for use on its golf course, at its club house and other buildings, or otherwise. 4. That bills for water supplied hereunder by the Club to the Town during each calendar month for the period covered by this contract, or any extension thereof, shall be rendered by the Club to the Town on or before the 15th day of the month next succeeding the month such water is supplied, and shall be paid within thirty (30) days from the date risen they are -2- rendered. 5. That the Town during the period covered by this contract, or any extension thereof, shall maintain and keep its water distributing system in good repair and condition in order that the water supplied by the Club to the Town be not diminished in quantity or otherwise impaired. 6. That the Club will, during the period covered by this contract, or any extension thereof, construct, operate and maintain such additional pumps and wells as are necessary to produce and furnish to the Town an ample supply of water for the use of the Town of Gulf Stream and its inhabitants at a satisfactory pressure, provided, however, that it is agreed by and between the parties hereto that such pressure shall be, and shall be deemed to be, satisfactory if, as measured at a point on the water main or pipe line, which delivers the water from the water supply of the Club to the main or pipe line of the Town, located at or near its water tower, shall be equal to or exceed fifty (50) pounds per square inch. 7. That the Club, from time to time as required, will construct, operate and maintain such additional pumps and wells as are necessary to produce and furnish to the Town for and during the period covered by this contract, or any extension thereof, an ample supply of water for its use and the use of its inhabitants for the purposes aforesaid, provided such supply can be procured and obtained from wells located on property which it now owns and controls. J 8. At any time during the period covered by this con- tract, or any extension thereof, if it becomes necessary or de- sirable for the Town so to do the Club will permit the Town to install on the property of the Club, near its water tower, at a place or places to be designated by the Club, a chlorinating unit with or without a purification unit incorporated therein or -3- attached thereto for treatment of the water furnished by the Club to the Town hereunder, and any such chlorinating unit shall be installed, operated and maintained by the Town at its. - own expense. 9. It is expressly understood, stipulated and agreed by and between the parties hereto that the party of the first part, for and during the period covered by this contract, or any extension thereof, shall have the exclusive right to supply the Gulf Stream Golf Club with such water as it requires for use on the golf course and at its club house and other buildings, or otherwise, and for such purpose shall have the right to lay, operate and maintain its water mains or pipe lines in, upon, under or across the public streets or highways in the Town of Gulf Stream. 10. That the party of the second part shall have the right, privilege or option of renewing this contract for a further period of ten (10) years provided it shall notify the party of the first part in writing of its election so to do at least six months prior to the expiration of this contract, and shall not then be in default in the performance of any of its covenants or agreements. 11. That the Club for and during the period covered by this contract, or any extension thereof, shall not sell or dispose of its water plant or any interest therein without first giving to the Town a reasonable opportunity to purchase the same at the same price and under the same conditions as to payment or otherwise. 12. That as a part of the consideration of this con- tract the Town will enact and enforce all such ordinances as are or may be necessary for the protection of the water supply and plant of the Club for and during the period covered by this contract, or any extension thereof; and that the Town agrees -4- that it will not install or use, or permit to be installed or used, any booster pump or other device for the purpose of accelerating the flow or increasing the pressure in any main used for the distribution of the water furnished by the Club to the Town hereunder, or upon any connection therewith on public or private property. 13. It is agreed by and between the parties hereto that should the water derived by the Club from its said wells become salty or otherwise affected so that the Town cannot make the same satisfactory for use by the inhabitants of the Town of Gulf Stream by chlorination or purification, or both, then, upon reasonable notice by the Town to the Club, the Town shall have the right to cancel this contract; and in the event of any such cancellation the Club shall discontinue the supply of water to the Town but shall not be responsible to the Town in damages by reason of its inability to supply water of satis- factory quality. IN TESTIMONY THEREOF the party of the first part has caused this contract to be executed in its name and behalf, under its corporate seal, by its President and the same to be attested by its Secretary, and the party of the second part, Town of Gulf Stream, has caused this contract to be executed in its name and behalf, under its corporate seal, by its Mayor and the same to be attested by its Town Clerk, by authority of a resolution of the Town Commission of the Town of Gulf Stream duly adopted at a meeting thereof duly called and held, as of the day and year first above written. GULF STREAM GOLF CLUB (Corporate Seal) By Presi nt Atter • �' Q Secretary (Corporate Seal) Attest: ?Y V C oln� Twm Clerk -5- TOWN OF GULF STREAM By Layor