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HomeMy Public PortalAboutFIND Lease Agmt MSA 640/640A - 01-13-1984COMMISSIONERS WILLIAM F. NOCH, JR., Mayor JOEL HUNTER, Vice Mayor ALAN I. ARMOUR ROBERT J. DI%SON BRIAN PFEIFLER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA August 14, 1984 Mr. Sterling K. Eisiminger, General Manager Florida inland Navigation District 2725 Avenue E Riviera Beach, Fla. 33403 Dear Mr. Eisiminger: Per Lease Agreement with the Florida Inland Naviation District dated January 13, 1984 I am enclosing a check in the atmunt of $10,000.00. It is my understanding that this will be returned to the Tom upon satisfactory completion of the job and all restoration work required by the provisions of paragraph 2 of said lease agreement. Should you have any questions, please do not hesitate to contact me. Sincerely, Barbara Gwynn Tom Clerk cc: Arthur V. Strock and Associates, Inc. MAIL ADDRESS 246 SEA ROAD GULF STREAM, FLORIDA 33411 TEL.: GULF STREAM 17&5116 Town Manager WILLIAM E. GWYNN Town Clerk BARBARA GWYNN Chief of Police JAMES GREER COMMISSIONERS ASTOR SUMMERLIN CHAIRMAN ST. LUCIE COUNTY W. VINCENT BARBER VICE CHAIRMAN BREVARD COUNTY EDWARD A. GEARY TREASURER MARTIN COUNTY CHARLES L. TRAO SECRETARY FLAGLER COUNTY DOUGLAS C. CHANE DUVAL COUNTY SAM T. WILLIS ST. JOHNS COUNTY TONY WALSH VOLUSIA COUNTY JOE H. EARMAN INDIAN RIVER COUNTY ROBERT L. RYBOVICH PALM REACH COUNTY MYRON H. BURNSTEIN BROWARD COUNTY JOHN J. COLLIER, JR. DADE COUNTY STAFF STERLING K. EISIMINGER GENERAL MANAGER D. BYRON KING ATTORNEY FLORIDA INLAND NAVIGATION DISTRICT 9 February 1984 Ms. Barbara Gwynn Town Clerk, Town of Gulf Stream 246 Sea Road Gulf Stream, Florida 33444 Dear Ms. Gwynn: Enclosed is an executed copy of a lease on FIND owned MSA 640 - 640-A for your records. In accordance with paragraphs 2(m), 3 and 4, your contractor is precluded from using this property until the documentation specified is received in this office. With the submission of the required documentation, request I be notified of the approximate date your contractor proposes to initiate use of this property in order that a joint inspection of the prop- erty can be arranged. Sincerely, K. Eisiminger Manager SKE:ngb enc. 2725 AVENUE E., RIVIERA BEACH, FLORIDA 33404 - TEL. 305-849-1217 RECEIVED FEB 131984 TOWN OF GUL TREAM LEAS E AGREEMENT THIS LEASE AGREEMENT made this 13th day of January A.D., 19 84 , between the BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAVIGATION DISTRICT, a body corporate under the laws of Florida, hereinafter referred to as Lessor, and the TOWN OF GULF STREAM, a municipal corporation under the laws of Florida, hereinafter referred to as Lessee. WHEREAS, the Lessor owns a parcel of land in Palm Beach County, Florida, designated as MSA 640 and 640A, a description of which is attached hereto as Schedule "A" and made a part hereof, for use by the United States in connection with the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida and the Lessor now holds the title thereto subject to an easement heretofore granted by it to the United States of America for such use; and WHEREAS, said parcel of land is subject to immediate occupancy and use at any time by the United States pursuant to said easement and the Lessee has requested the Lessor to permit it to use said parcel of land for the temporary storage of spoil resulting from maintenance dredging of Town waterways 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 such use by the Lessee is in the public interest and should be granted for a limited term at a nominal rental subject to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the premises and the 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 con- dition to the Lessee for a term of two (2) years from the date hereof for use by the Town of Gulf Stream and its contractors solely for maintenance dredging spoil disposal. 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; RECEIVED FEB 131jv4 TOWN OFi GULrFSTNfAM -2- (a) To accept the leased premises as is and in its existing condition subject to the use by the United States for spoil disposal in accordance with the aforesaid easement. (b) To promptly pay in advance a total rental of Two Dollars ($2.00). (c) To obtain all permits required from Federal, State, County, and Municipal agencies prior to use of said parcel; 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 governmental agency having jurisdiction over the leased premises. (d) To cut down the minumum number of trees and bushes compatible with the need for a clear area for temporary spoil storage and access for vehicles and mechanical equipment. (e) To restore the property used, prior to the lease termination date, by: (1) Removing from FIND property all trees and foliage cut down during its use. (2) Removing all excess spoil. (3) Grading to provide drainage superior to the condition existing prior to the lease period. (4) Planting an adequate number of native trees and plants to return the property to its pre -lease wildlife habitat. (f) 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. (g) Not to permit the use of said premises for purposes other than herein provided. (i) To make no unlawful, improper or offensive use of the premises. (j) At the termination of this lease, by lapse of time or otherwise, to yield immediate possession to the Lessor. (k) To pay any and all taxes levied upon the leased premises during the terms of this lease. (1) 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 persons or property on or about or by reason of said leased premises. (m) To provide the Lessor with the documentation required in the following paragraph before initiating use of Lessors property, -3- 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 General Manager of the Lessor, with $250,000.00-$500,000.00 limits, such policies covering the term of this lease to be deposited with and receipted payment of premiums thereof sent to the said General Manager. 4(a) The Lessee shall deposit with the Lessor a sum of $10,000 prior to the initiation of any work authorized by the provisions of this lease on the Lessor's property. Upon completion of all restoration work required by the provisions of paragraph 2 above, to the satisfaction of the Lessor's General Manager confirmed in writing to the Mayor of the Town of Gulf Stream, and prior to the termination date of this lease, the $10,000 (with interest accrued from investment with the State Board of Administration) shall be returned to the Lessee. If the restoration work has not been completed satisfactorily by the termination date of this lease, the $10,000 shall be forfeited and retained by the Lessor. 4(b) It shall be the option of the Town of Gulf Stream, in lieu of the $10,000 deposit required in paragraph 4(a) above, to post a $10,000 bond with the Lessor's General Manager, said bond to be satisfactory to him for the purpose intended, prior to initiation of any work authorized by the provisions of this lease on the Lessor's property; said bond to guarantee completion of all restoration work required by the provisions of paragraph 2(e) above, to the satisfaction of the Lessor's General Manager, and prior to the termination date 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 in our presence; Signed, sealed and delivered BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAVIGATygN DISTRICT By: Chairman Attest: -' I e., Secret TOWN OF GULF STRFAM, FLORIDA By: (Seal) ayor Attest. (Seal) Ci y Clerk Approved as to forms 7 Cjy ManAter -4 - SCHEDULE "A" MSA 640 That portion of .the South 355 feet of the SE4 of 'the NES of Section 4, Township 46 South, Range 43 East, Palm Beach -County, Florida,, embraced in a zone 360 feet wide when measured at right angles to'and lying West of and immediately adjoining the West right of way line of the Intracoastal Waterway from Jacksonville to Miami., Florida, ,as•that right of. way line is' shown on the plat recorded' in' Plat Book 17,, at Page 14-A, of the public records of said Palm Beach County, Florida. Containing 3.00 acres, more or less. MSA 640A All that certain tract or parcel of land situated in the Southeast Quarter of the Northeast Quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described a's follows: Commence at the Southeast corner of said Section 4 as a point of reference; thence North O1° 56' 23" West, 2755.62 feet along the Easterly boundary of said Section.4 to the Quarter Section Corner; thence South 891 4Q' 42" West, 685.06 feet along the Southerly boundary of the Southeast Quarter of the Northeast Quarter of Section 4, Township 46 South, Range 43 East, to a point on the Westerly right of way line,of the Intra- coastal Waterway from Jacksonville to Miami, Florida, as said right of way line is shown -on a map recorded in the Public Records'of said Palm Beach County in Plat Book .17, at Page 14-A; thence continuing South 89040'42" West, 367.95 feet along the aforesaid South boundary of the Northeast Quarrer Section line as a point of beginning. Thence fxom the point of beginning above described, continuing along aforesaid Quarter Section line North 89140142" West, 260.31 feet to a pipe marking the Southwest Corner of the Southeast Quarter of the Northeast Quarter of aforesaid Section 4; thence North 01139128" West, 452,62 feet along the Westerly boundary of the Southeast Quarter of the Northeast Quarter of said Section. 4; thence North 89040142" East,, 735.03 feet to a point on the Westerly right of way line of the above mentipned Intra- coastal Waterway; thence continuing along said Westerly right of way line South 11136'46" West, a distance of 100.00 feet; thence South 89040'42" West, 367.95 feet; thence South 11036'46" West, 362,70 feet to the point of beginning. Containing 4.09 acres, more or less.