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.