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.
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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.
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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)