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HomeMy Public PortalAboutFIND Lease Agmt MSA 640/640A - 02-15-1988L E A S E A G R E E M E N T THIS LEASE AGREEMENT made this 15th day of February , 1988, between the BOARD OF COMMISSIONERS, FLORIDA INLAND NAVIGATION DISTRICT, a body corporate created and existing under the laws of the State of Florida, hereinafter referred to as Lessor, and the TOWN OF GULF STREAM, FLORIDA, hereinafter referred to as Lessee. WHEREAS, the Lessor owns an approximately seven (7) acre parcel of land in Palm Beach County, Florida, designated as MSA 640-640A, description of which is attached hereto as Schedule A and made a part hereto, for use by the United States in connection with the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida and now holds the title thereto subject to easements heretofore granted by it to the United States of America for such use; and WHEREAS, said parcel of land is subject to occupancy and use at any time by the United States pursuant to said easements, and the Lessee has requested the Lessor to permit it to use said parcel of land for the purpose of preserving and maintaining existing wildlife and aquatic habitats, subject to said prior right and easement of the United States and to the terms and conditions of this lease; and WHEREAS, the Lessor is of the opinion that such use by the Lessee is in the public interest and should be granted for a limited term at a nominal rental subject only to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements herein contained, it is agreed by the parties hereto: 1. Subject to conditions stated herein, the Lessor does hereby lease the above-mentioned parcel of land as is and in its existing condition to the Lessee for a term of fifteen (15) years from the date hereof for use by the Town of Gulf Stream, Florida solely for the purpose of preserving and maintaining existing wildlife and aquatic habitat, an upon the condition that no structures or improvements of any kind are to be placed on said land without prior written consent of the Lessor. 2. Upon and subject to the terms and conditions stated herein, which it agrees to perform and abide by, the Lessee does hereby lease said parcel of land from the Lessor and further agrees: a. To accept the leased premises as is and in its existing condition. b. To promptly pay in advance a sum of $15.00 which represents an annual rental of ONE DOLLAR. -z - c. Not to permit or suffer any waste in or upon said premises, to strictly comply with any and all rules, regulations and requirements that may be imposed from time to time by virtue of the laws of the State of Florida or any rules and regulations of any govern— mental agency having jurisdiction over the leased premises. d. To permit the Lessor, or its duly authorized agents, free access to the leased premises at any and all reasonable times for the purpose of examining and inspecting same. e. Not to assign or sublet this lease, or any portion of the leased premises, without the written consent of the Lessor. f. Not to permit the use of said premises for purposes other than for the purposes as herein provided. g. To make no unlawful, improper or offensive use of the premises. h. At the termination of this lease, by lapse of time or otherwise, to yield immediate possession to the Lessor. i. To pay any and all taxes or assessments levied upon the leased premises during the terms of this lease. J. If any facilities are developed on this leased property within the provisions of this lease, to display prominently the fact the property is owned by, and leased from,'the Florida Inland Navigation District. k. To save the Lessor harmless from any and all liability, loss, damage, claim, action, costs and attorney's fees resulting from or caused by any claim, loss or damage to person or property on or about or by reason of said leased premises. 3. The Lessee agrees to save the Lessor harmless from any liability by reason of property damages or personal liability to any person or persons, firm or corporation on or about said premises and to carry indemnity insurance as protection against said liability for the protection of the Lessor with a reputable insurance company to be approved by the Executive Director of the Lessor, with $500,000.00—$1,000,000.00 limits, such policies to be deposited with and receipted payments or premiums thereof sent to the said Executive Director during the term of this lease, or any extension thereof. 4. The Lessor and the Lessee further agree that: a. The Lessee shall not occupy, nor make any use of, the Lessor's property until the documentation described in paragraph 3 above has been received in the office of the Executive Director of the Lessor and the Lessee has in hand a written communication from the Executive Director confirming such receipt. -3- b. The Lessor retains the right to cancel this Lease Agreement with- out prior notification if the Lessee fails to keep the Executive Director of the Lessor informed in a timely manner of proof of renewal of insurance coverage or allows the insurance coverage, specified in paragraph 3 above, to lapse. c. The Lessor retains the right to cancel this Lease Agreement with 90 days written notice to the Lemmas if the Lessee fails to conform to, or comply with, any of the conditions specified in paragraph 2 above. 5. This lease may be terminated by either party hereto, by giving notice in writing from the one party to the other ninety (90) days before the termination thereof and said notice may be given at any time during the term of this lease. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence of APPROVED AS TO FORM AND CORRECTNESS: 0 BOARD OF COMMISSIONERS OF FLORIDA INLAND NAVIGATION DISTRICT Atte Secretary (SEAL) TOWN OF GULF STREAM Attest: _ CLERK (SEAL)