HomeMy Public PortalAbout03/11/19881
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. NOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I. ARMOUR, Vice Mayor
AGENDA
33483
TEL.. GULF STREAM
LAWRENCE E. STAHL
2165116
JAMES T. SKELLY, JR.
COMMISSION MEETING
JAMES E. CROSS
MARCH 11, 1988
E
ger
WILLIAM GWYNN
Assistant Town ManagerrvTown Clark
1.
Roll Call.
BARBARA GWYNN
Chief of Police
2.
Approval of Minutes February 12, 1988.
JAMES GREER
3. Financial Report.
4. Police Report.
5. Planning and Zoning Board Report.
1. Site Plan Review and Variance Request.
A request to reduce the north sideyard setback from the
required fifteen (15') feet or fifteen (15%) percent to
five (5') feet in order to construct a garage between
two existing structures and to add a new roof to existing
archways and patio on the south side of property.
GULF STREAM OCEAN TRACTS, NORTH 20' of LOT 8 and 149'
OF LOT 9. 3659 North Ocean Blvd. - Mr. and Mrs. Tim
Farris.
2. Site Plan Review.
A request by Mr. Tom Walsh to construct a single family
residence on property described as LOT 1 GULF STREAM OCEAN
TRACTS.
3. Site Plan Review.
A request by Mr. Sheehan to remodel and construct an
addition to existing residence located at 1420 North
Ocean Blvd. MCLOUTH SUB. LOTS 11, 11A and 12.
6. Report on sewer project.
7. Report on sign ordinance.
8. Update on F.I.N.D. area south of Place Au Soleil.
9. Commission Comments
10. Public Comments
11. Adjournment.
c
C'
COMMISSIONERS
WILLIAM F. KOCH, JR., Mayor
ALAN I. ARMOUR, Vice Mayor
LAWRENCE E. STAHL
JAMES T. SKELLY, JR.
JAMES E. CROSS
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
TOWN COMMISSION MEETING
MTNLITFS
March 11, 1988
MAIL ADDRESS
100 SEA ROAD
GULF STREAM, FLORIDA
73467
TEL.: GULF STREAM
2765116
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
The meeting was called to order at 9:00 a.m. by the Hon. William F. Koch, Jr.,
Mayor.
1. Roll Call
Present: William F. Koch, Jr. Mayor
Alan I. Armour Vice -Mayor
James E. Cross Commissioner
James T. Skelly, Jr. Commissioner
Lawrence E. Stahl Commissioner
Also present: William Gwynn Town Manager
C Barbara Gwynn Town Clerk
James Greer Chief of Police
John Randolph Town Attorney
William Mayer Chairman, Planning & Zonina Board
James A. Butkus Consulting Engineer
2. Minutes
On motion duly made and seconded the Minutes of the February 12, 1988
meeting were approved.
3. Financial Report
Mr. Gwynn reported on tax receipts, the status of the budget and cash
projections. On motion duly made and seconded the Commission approved
the Financial Report.
4. Police Report
Chief Greer reported the department's activities during the previous month
noting the computer is operational and an information printout was given
to the Commissioners. Chief Greer spoke on a meeting he attended at the
Palm Beach County Court House regarding the setting of new speed laws on
the Intracoastal. The Chief said only Manatee areas and Marinas would be
"slow down" areas. The Chief's request that the Corp of Engineers
Town Commission Meeting
March 11, 1988
Minutes
Page Two
2
k,
6.
Police Report (continued)
replace the signs they removed was taken under advisement. Noting that
this is a serious situation Mayor Koch said the Town will attend the
meetings on Intracoastal Regulations.
Planning and Zoning Board Report
1. Site Plan Review and Variance Request
Mr. and Mrs. Tim Farris, 3659 North Ocean Blvd. Request to reduce the
north sideyard setback from the required fifteen feet or fifteen percent
to five feet in order to construct a garage between two existing
structures and to add a new roof to existing archways and patio on the
s/s of the property.
On motion duly made and seconded the Commission accepted the recommendation
of the Planning & Zoning Board to approve the north sidevard setback variance.
On motion duly made and seconded the Commission accepted the recommendation
of the Planninq & Zoning Board to approve the addition of a roof to the
existing structure.
2. Site Plan Review
Mr. Tom Walsh, Lot 1, Gulf Stream Ocean Tracts. Request to construct a
single family residence.
On motion duly made and seconded the Commission aooroved the recommendation
of the Planning & Zoning Board. No variance is required.
3. Site Plan Review
Mr. Sheehan, McLouth sub. Lots 11, lla and 12. Request to remodel and
construct addition to an existinq residence at 1420 North Ocean Blvd.
Mr. Mayer reported that no variance is required; that the structure is not
being changed at all and that Planninq & Zonina has seen the landscaoina plans.
On motion duly made and seconded the Commission approved Mr. Sheehan's request.
Report on the Sewer Project
In order to give everyone a chance to be heard,
hear Mr. Butkus first. Mr. Butkus outlined the
available. He then sooke to the time and costs
possible methods of financing, both private and
Mr. Butkus than answered questions from the Comi
and general discussion ensued.
Mayor Koch pr000sed the meeting
problem and the solutions
of the various solutions and of
public.
nissioners and the audience
Town Commission Meeting
March 11, 1988
Minutes
Page Three
C
6. Report on the Sewer Project (continued)
Mr. Armour moved the Town not request funds from the State. Motion was
seconded and unanimously approved by the Commission.
On motion duly made and seconded the Commission approved the firm of
James A. Butkus and Associates prepare a septic tank sanitary survey
report; said report to be available to the Commission within three weeks.
On motion duly made and seconded the Commission approved the Town hold
a Public Hearing on the Butkus Report and then make ready a Straw Vote
for the voting community on the Sewer Project.
7. Report on Sign Ordinance
Attorney Randolph stated he prepared a Zoning Ordinance Amendment on this
matter and that it must follow certain procedures for adoption. On motion duly
made and seconded a decision was made to defer adoption of said Amendment until
the next time consideration is given for amendments to the Zoning Ordinance, Mayor
Koch abstained from voting.
On motion duly made and seconded the Town will request the Board of Realtors
to place a notice in their Bulletin requesting Real Estate signs be in
conformity with said Amendment.
1
8. Update on F.I.N.D. area south of Place Au Soleil
Mrs. Gwynn read a Notice from F.I.N.D. on a meeting to be held in Ft.
Lauderdale on March 24th and 25th and that Seacrest Properties, Ltd.
are on the Agenda of said meeting requesting an exchange of land for
the above noted property.
Mayor Koch stated this is an important matter; that public lands should
remain public. Mr. Randolph also suggested the Town make a Public Request to
F.I.N.D. of any and all requests Seacrest Properties has made of F.I.N.D.
on this matter. Mr. Randolph also suggested that a public presentation
could be made on the basis of Public Interest. Also, that the Town of
Gulf Stream request it be included on the Agenda of said meeting and that
Mayor Koch, persons whose property adjoins said F.I.N.D. area, all other
interested parties including possible representation from the Audubon
Society and Mr. Randolph, attend the above noted meeting.
Motion to provide payment of $900. for insurance for access to F.I.N.D
area through the Volvo Agency was seconded and approved by the Commission.
9. Mr. Gwynn read the Title of Resolution 88 -2 regarding utilization of a
portion of the money in the State Infrastructure Trust Fund. On motion
duly made and seconded the Commission approved and signed said Resolution.
t
Town Commission Meeting
March 11, 1988
Minutes
Page Four
10. The Town Manager read a letter of thanks from former Town Commissioner
George W. Walker regarding flowers sent by the Commission on the recent
passing of Mrs. Walker.
11. Marathon
All residents were notified of this activity scheduled for March 12th.
Chief Greer stated there is a possibility the Marathon will not be held.
12. Mr. Gwynn spoke on the Town of Gulf Stream Personnel Policies update.
Mayor Koch's suggestion that this item be tabled until the next meeting
was adopted by the Commission except for the subject of Gratuities on
which the Commission, on motion duly made and seconded, approved the
reporting of receipt of gratuities by Town employees.
There being no further business the meeting was adjourned at 10:35 a.m.
own Cler
TOWN OF GULF STREAM
Financial Report
March, 1988
Balances 2/29/88
Deposits
Withdrawals
Balances 3/31/88
Receipts
Real Estate Taxes
Fines
State Comp. Plan Funds
Licenses
Water
Trash
Gas Tax Refund
Other
Permits
Cigarette tax
Half Cent Sales Tax
Florida Revenue Sharing
County Gas Tax
Electric Franchise
Emergency Medical Service
Lots cleared
TOTAL
Invested Funds
General Funds
Water
Dredging
Sinking
OPERATING ACCOUNT
$ 55,078.23
49,002.01
87,076.48
17,003.76
5,043.01
1,023.88
2,568.50
634.20
17,620.58
2,889.00
227.54
224.74
965.00
210.09
4,073.44
1,497.00
1,528.27
9,186.76
1,100.00
210.00
49,002.01
571,099.74
63,324.48
13,977.03
2,433.27
FINANCIAL REPORT (Cont'd.) Page 2
March, 1988
#1518
John, Sasser & Randolph & Weaver
Attorney Fees
697.60
( '.9
Telpage
Public Works & Police Dept.
55.00
:,j20
Richard Brandt
Code Enforcement Officer
800.00
5521
FL Mun Health Trust Fund
Employees
2,603.80
5522
Delray Car Wash
Police Dept.
10.00
5523
Bo -Del Printing
Town Hall Window Envelopes - water bills
284.90
5524
Palm Bch Co. Mun. League - Luncheon
Comm. Skelly 1/27/88
10.00
5525
County Sanitation
March Garbage removal
5,865.30
5526
Radio Shack
Police Dept.
118.85
5527
Southern Bell
Police Dept.
337.34
5528,
Milner Document Products, Inc.
Police Dept.
105.42
5529
Little Club
Use of drainage facilities re. agreement
235.43
5530
City of Delray Beach
Water
679.86
5531
UWF, Institute of Government
Official manual
12.50
5532
Terry J. Shoeman
Police Dept. Computer Install. & supply
185.30
5533
Woodland Fabrics
Cushions - reimbursement Civic Assoc.
540.00
5534
Apply Shop
Plants for Town Hall
81.75
5535
Town of Gulf Stream
Payroll
10,115.60
5536
Barnett Bank
Payroll - W/H & S/S
4,455.20
5537
Delray Municipal Credit Union
Employees
1,179.44
5538
U.S.C.M.
Deferred Comp.
995.00
5539
Mainteance Engineering
Lights, Town Hall and Police Dept.
374.21
5540
James Butkus
Engineer re: sewer study
2,509.00
5541
Bo -Del Printing
Letterhead
49.00
5542
Hand's Office Supply
Office supplies
63.63
5543
AT &T
Emergency Phone - Town Hall
23.11
-44
Flagcraft, Inc.
Flags, Town Hall
69.75
45
Costin's
Flowers funeral Vice Mayor Walker
56.00
5546
William E. Gwynn
Accounting and car allowance
540.00
5547
Radio Shack
Police Dept. computer disks
39.95
5548
Edgar's Office Supply
Police Dept.
209.32
5549
Smith Brothers Film Drop Off
Police Dept.
9.95
5550
R &R Uniforms, Inc.
Police Dept.
126.20
5551
Easy Pay Tire
Police Dept.
238.31
5552
Bill Wallace Ford
Police Dept.
703.63
5553
County Sanitation
Trash Removal - Public Works
1,835.00
5554
Western Auto
Police Dept.
96.08
5555
Aid to Traffic
Public Works
169.00
5556
Southern Bell Telephone
Public Works
33.40
5557
Wood Orr
Clean palm trees - Public Works
150.00
5556
Boynton Auto Supply Inc.
Public Works
44.11
5559
Ocean City Lumber
Public Works
19.86
5560
Purity Uniforms
Public Works
143.80
5561
So.Co. Council of Governments
Annual Dues
100.00
5562
City of Delray Beach
Water - February
15,155.71
5563
County Sanitation
April services
5,982.90
5564
City of Delray Beach
EMS
1,080.00
5565
Anne R. Ford
Minutes P & Z Comm. March
100.00
5566
Flagcraft, Inc.
Flags Town Hall
69.75
5567
Cash
Replenish Police Account
282.95
5568
F.P.L.
St.lites 962.89;Police Dept. 273.13;
Compactor 12.53; & T.H. 331.73
1,580.28
69
IBM Corporation
Computer Police Dept.
2,908.00
FINANCIAL REPORT (Cont'd.)
#5570 Delray Carwash
'71 Bethesda Hospital
-672 Southern Bell Telephone
5576 Service Electric
5574 Clarence Sova
5575 Kerry Security Systems
5576 Johnson, Sasser, Randolph & Weaver
5577 Code Enforcement Office, D. Brandt
5578 Town of Gulf Stream
5579 Barnett Bank
5580 Delray Mun. Credit Union
5581 U.S.C.M.
5582 FL Mun. Health Trust Fund
5583 FL League of Cities
5584 Boca Honda
5585 Max Davis
5586 Lanier Copier
5587 Western Auto Associate Store
Page 3
Police Dept.
5.00
Answering Service
86.00
March service
207.58
Light bulbs
35.37
Miscellaneous items purchased
117.65
Security
60.00
Professional services
998.14
March
800.00
Payroll
10,086.79
Payroll S/S & W/H
4,618.46
Employees
1,581.44
Deferred Comp.
1,076.00
Employees
2,603.80
Flood Ins.
515.00
Police Dept.
49.95
Supplies
29,77
Police Dept.
54.73
Police Dept.
19.91
TOTAL 87,076.78
GULF STREAM POLICE DEPARTMENT
MONTHLY POLICE ACTIVITY REPORT
]NTH: FEBRUARY * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
-.PORTED CRIMES*
THEFT 1
)LICE SERVICE CALLS*
SUSPICIOUS INCIDENTS 7
DISTURBANCE CALLS 2
LOST PROPERTY 1
TOWN ORD. VIOLATION WARNINGS
POLICE SERVICE 3
.ARM CALLS: 29
C AL ASSISTS: 3
RE CALL ASSISTS: 5
TAL CALLS FOR THE MONTH: 54
INVESTIGATIONS PENDING: 0
ACCIDENT INVESTIGATIONS: 0
ARRESTS*
MISDEMEANOR: 0
FELONY: 0
D.U.I.. 0
3 CITATIONS: 27
WARRANTS: 0
YEAR: 1988
* * * * * * * * * * * * * * * * * * * * * * * ** SCHOOLS AND TRAINING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ASS TITLE: DATE(S):
QUIRED BY: HOURS OF TRAINING:
FICER(S) NAME:
MES W. GREER /CHIEF OF POLICE
a
NTH: FEBRUARY YEAR: 1988
SUN MON TUE WED THU FRI SAT
2 * * * * * *: 3 * * * * * *: 4 * * * * * *; 5 * * * * * *; 6 * * **
CJ 7 II I I II I I
TO 3 OII OII OI(IC) OII(IC) OII II
TO 11 I+ I +(IC) II+ II II I+
7 * * * * * *; 8 * * * * * *: 9 * * * * * *: 10 * * * * * *: 11 * * * * *: 12 * * * * * *: 13 * * **
TO 7 II II I I II I I
FC) 3 II OII OII OII OII OII II
: I+ I+ II+ II I(IIC) I+ I+
14 * * * * * *: 15 * * * * * *: 16 * * * * * *: 17 * * * * * *: 18 * * * * * *: 19 * * * * * *: 20 * * **
TO 7 : II II I I I(IS) I I
70 3 : II OII OII OII OII(IC) OII II
'0 11 : I+ I+ II II I +(IC) I+ +(IC)
23 * * * * * *: 24 * * * * * *: 25 * * * * * *; 26 * * * * * *: 27 * * **
i
7 I(IC) II I I II I I
-0 3 : I(IC) OI(IC) OII OII OIII OII II
11 : +(IC) +(IC) II II
TO 7 : II II
'0 3 : II OII
'0
11 : I+ I+
SUN MON TUE WED THU FRI SAT
'ES: SHORTAGE OF ONE MAN HAS BEEN CARRIED ON MIDNIGHT SHIFT WHERE THE "CALLS
FOR SERVICE" ARE THE LOWEST.
'ROVED BY: BARBARA GWYNN
ROVED BY: CAPT. BUCHAN
I = PATROLMAN
SERGEANTS
CAPTAIN
S = SICK
C = COMP.
0 = OTHER
SIGNATURE
SIGNATURE
C�
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I. ARMOUR, Vice Mayor
334x3
TEL.. GULF STREAM
LAWRENCE E. STAHL
2165116
JAMES T. SKELLY, JR.
JAMES E. CROSS
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
* * * * * * * * * * * * * * **
JAMES GREEK
IMPORTANT NOTICE
There will be a meeting of the Florida Intracoastal Navigation
District March 24th and 25th in Fort Lauderdale to discuss
a request by "Commercial Properties Inc." to TRADE the F.I.N.D.
parcel MSA 641 —A located on the south side of Place Au Soleil.
I will have more details for the meeting on Friday.
k 9
COMMISSIONERS
M. BRENT WADDELL
CHAIRMAN
MARTIN COUNTY
JOE H. EARMAN
VICE CHAIRMAN
INDIAN RIVER COUNTY
MYRON H. BURNSTEIN
TREASURER
BROWARD COUNTY
TONY WALSH
SECRETARY
VOLUSIA COUNTY
WILLIAM 0. DERR
DUVAL COUNTY
DOUGLAS C. CRANE
ST. JOHNS COUNTY
BRYNN NEWTON
FLAGLER COUNTY
E.E. HADDEN, JR.
BREVARD COUNTY
JIM G. RUSSAKIS
ST. LUCIE COUNTY
WALTER A. MAYTON
PALM BEACH COUNTY
STANLEY E. GOODMAN
DADE COUNTY
STAFF
STERLING K. EISIMINGER
EXECUTIVE DIRECTOR
ART WILDE
ASST. EXECUTIVE DIRECTOR
NANCY BEERS
ADMINISTRATIVE ASSISTANT
FLORIDA INLAND NAVIGATION DISTRICT
15 February 1988
Ms. Barbara Gwynn, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Mrs. Gwynn:
Reference is made to our telephone conversation of last week con-
cerning reported trespassing on FIND -owned property designated as
MSA 641, immediately west of the outdoor theater and south of
Place Au Soleil, within the limits of the Town of Gulfstream.
No one has permission from this District to park or drive
automobiles and /or trucks on MSA 641; therefore, any vehicles
found parked thereon at any time are trespassing.
Request assistance of the Town of Gulf Stream in preventing
trespassing on MSA 641. No objection would be raised if the Town
were to create an earthen barrier at the westerly property line of
MSA 641.
Sincerely,
Ste ing K. Eisiminger/
E ecutive Director
SKE:rm
cc: Commissioner Mayton
Drive -In Theater of Florida, Inc.
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 3DS627 -3386
Town of Gulf
100 Sea Road
Gulf Stream,
Dear Sirs:
Stream
Florida 33483
February 12, 1988
Tim and Jeri Farris
3649 N. Ocean Blvd.
Oulf Stream. FL 33483
This letter is to request a variance of the Bide yard not back,
so a■ to construct a new caress between the two existing
structures. Thin is indicated by the attached architectual plans
submitted by hr. Terrance Lee.
Please be advised that this request is due in part to an elderly
parent residing. for extended periods of time, in our quest
house. It would benefit thin parent if we were able to connect
the quest house and the main house together, so that she would
have an undercover walkway to the main house, and her car would
be close to her quarters.
Another factor is that over the years the property line has been
modified to follow the fence lines. This was also agreed to when
our neighbors to the north, established their new fence last
Year.
Sincerely.
, 4,5�za
Tim and Jeri Farris
COM Mi5 Sin 4E R$
WRLAM � AOCH, JR, Mayor
ALAN I ARMOUR VICe Mayor
LAWRENCE E STAHL
JAMES T SHELLY JR
JAMES E CROSS
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
MARCH, 1988
The following is a current update regarding construction
activity.
MAIL ADDRESS
100 SEA ROAD
GULF STREAF', FLORIDA
TEL 31W.TREAM
2765116
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
#9 Driftwood Landing
Scott Morrison
New residence
2740 Cardinal Circle
Hartung
to 11
1777 N. Ocean Blvd
Farrish
"
2570 Ave Au Soleil
Auri
805 Canary Walk
Carden
" If
2433 N. Ocean Blvd
Scarafoni
Interior remodeling
2246 Golfview Dr.
G.S. Club
Add'n Bed /rm Bath /Gar.
825 N. Ocean Blvd
G.S. Bath & T.
Snack Bar
915 Emerald Row
Eavenson
Add /n /Bd /Rm /Bath
920 Emerald Row
Corbett
Canopy Add'n
2985 N. Ocean Blvd
Ganesh
Remodeling
3603 N. Ocean
Greenwood
it
3223 Polo Dr.
Wanklyn
Bath /Rm. Addition
700 Wrightway
Natapow
New residence
RESOLUTION No. 88 -2
A RESOLUTION OF THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA,
REQUESTING THAT THE STATE LEGISLATURE UTILIZE
CERTAIN OF THE FUNDS IN THE STATE INFRASTRUCTURE
TRUST FUND FOR MATCHING GRANTS TO LOCAL GOVERNMENTS
TO ASSIST IN MEETING THE REQUIREMENTS FOR INFRASTRUCTURE
AS SET FORTH IN SECTION 163.3177, FLORIDA STATUTES,
RELATIVE TO REQUIRED COMPREHENSIVE DEVELOPMENT PLANS;
AUTHORIZING THE TOWN CLERK TO FURNISH COPIES OF THIS
RESOLUTION TO THE LEGISLATIVE DELEGATION OF PALM
BEACH COUNTY, THE MUNICIPALITIES WITHIN PALM BEACH
COUNTY, THE GOVERNOR AND CABINET OF THE STATE OF
FLORIDA, THE PRESIDENT OF THE FLORIDA SENATE, AND THE
SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the sixth cent of the State sales tax will raise approximately
1.2 billion dollars per year; and
WHEREAS, 550 million dollars of this new revenue must be deposited into
a State Infrastructure Trust Fund; and
WHEREAS, cities and counties will not automatically share in this trust
fund even though it is from sales tax revenues; and
WHEREAS, one of the authorized uses of the money in the State
Infrastructure Trust Fund is for matching grants to local governments to assist
in meeting the infrastructure requirements as set forth in Section 163.3177,
Florida Statutes relative to local governments' Comprehensive Development
Plan; and
WHEREAS, the Town Commission of the Town of Gulf Stream, Florida,
is aware that the State has severe infrastructure needs, the Town Commission
of the Town of Gulf Stream is requesting the State Legislature to also recognize
the needs of local governments with regard to infrastructure; and
WHEREAS, the Town Commission of the Town of Gulf Stream desires to
request the State Legislature to assure that some of this revenue will revert
to local governments for local infrastructure needs which are becoming critical,
as well; now therefore
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, FLORIDA, THAT:
Section 1. The State Legislature is hereby formally requested by the
Town of Gulf Stream, Florida, to utilize a portion of the money in the State
Infrastructure Trust Fund for matching grants to local governments to assist
in meeting the local governments' infrastructure requirements as set forth in
Section 163.3177, Florida Statutes, relative to comprehensive development plans,
as this is one of the authorized uses for the money in the State Infrastructure
Trust Fund, and there is a critical shortage of monies at the local government
'level in order to provide the required infrastructure.
Section 2. The Town Clerk is hereby authorized and directed to furnish
copies of this Resolution to the Legislative Delegation of Palm Beach County,
Florida; the Board of County Commissioners of Palm Beach County; the Governor
and Cabinet of the State of Florida; the President of the Florida Senate; and
the Speaker of the Florida House of Representatives.
PASSED AND ADOPTED in a regular adjoured session this 11 day
of March , 1988.
Mayor
Attest:
mot_, i
Town Clerk
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I. ARMOUR, Vice Mayor
334B3
TEL GULF STREAM
LAWRENCE E. STAHL
2765116
JAMES T. SKELLY, JR.
JAMES E. CROSS
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager -Town Clerk
BARBARA GWYNN
LKlel of Police
* * * * * * * * * * * * * * **
JAMES GREER
IMPORTANT NOTICE
* * * * * * * * * * * * * * **
There will be a meeting of the Florida Intracoastal Navigation
District March 24th and 25th in Fort Lauderdale to discuss
a request by "Commercial Properties Inc." to TRADE the F.I.N.D.
parcel MSA 641 —A located on the south side of Place ALL Soleil.
I will have more details for the meeting on Friday.
r
PROPOSED
AGENDA -2- 24 & 25 March 1988
D. BROWARD COUNTY
I. South Broward Park District. North Beach Park
2. City of Hollywood. Hollywood Marina Dredging
3. City of Pembroke Pines. Bird Rookery Park Improvements
4. Town of Davie. Orange Drive Linear Park
E. DADE COUNTY
1. Town of Golden Beach. Marine Patrol /Safety Project
2. City of North Miami. Boating Safety /Environmental Education
3. Hal Harbour Village. Public Works Compound Seawall
4. Biscayne Bay Restoration /Enhancement
5. Sand By- passing Study
6. Venetian Causeway Study
7. Pelican Harbour Marina
8. City of Coral Gables. Coral Gables Waterway
5. Recess (10 minutes).
6. Meeting of Property Acquisition Committee.
7. Recess Until 9 a.m., 25 March 1988.
Friday, 25 March 1987 9 a.m.
8. Call to Order. Roll Call. Minutes of Previous Meeting.
9. Introduction of Visitors.
10. Treasurer's Report:
*a. Financial Statement.
b. Investment Program.
C. Budget Line Item Control.
11. Modification of Request for a Quitclaim Deed on Part of MSA 605. Palm
Beach County.
12. Modification of Request for Lease on MSA 641 -A. Palm Beach County.
13. Approval of Lease on MSA 727 -C. Broward County.
14. Waiver of Title Evidence Requirement.
15. Extension of Spoil Island Clean -up Contract.
16. Additional Signs for Spoil Islands.
.7. Aquatic Preserve Report,
Hon. Willian
Mayor, Town
100 Sea Roac
Gulf Stream,
Dear Sir:
Flown of gulf (2&am Vivic LZissociaiion, CJnc.
P. O. BOX 1496, DELRAY BEACH, FLORIDA
January 4, 1987
F. Koch
of Gulf Stream
Florida
During recent weeks
indirectly, numerous
maintenance of signs
way of example, will
and avenues.
33483
the Association has received, either directly or
complaints concerning the erection, display and
throughout the community. This condition, by
be observed along AIA as well as most other streets
While the present Zoning Ordinance, Section 10 (sub- section C) prohibits
"the erection, display and maintenance of a sign on any property or
building" it nevertheless contains several permissive exceptions which
allow and perhaps encourages present conditions to develop and exist.
The exceptions are contained in sub - section C (2 and 3, a and b) and
related provisions, set forth at the end of sub - section C.
To achieve better and more effective control thus eliminating the
conditions which form the basis of public complaint appropriate revision
of said Section will be required. The Association urges the Commission
to take appropriate action. It should be observed that when and if such
action is taken that the revised ordinance will be effectively enforced.
The Association will be most grateful to the Commission for its
affirmative consideration of this request.
Respectfully,
. vol'
WILLIAM F. SOUDER, Jr. '
President
I
NuN FLORIDA INLAND NAVIGATION
IJN'. WIGN DISTR :!
24 February 1988
COMMISSIONERS
M BRENT WADDELL
CHAIRMAN
MARTIN COUNTY
JOEH. EARMAN
VICE CHAIRMAN
INDIAN RIVER COUNTY
MYRON H. BURNSTEIN
TREASURER
BROWARD COUNTY
TONY WALSH
SECRETARY
VOLUSIA COUNTY
WILLIAM 0. DERR
DUVAL COUNTY
DOUGLAS C. CRANE
ST JOHNS COUNTY
BRYNN NEWTON
FLAGLER COUNTY
E E. HADDEN, JR.
BREVARD COUNTY
JIM G. RUSSAKIS
ST LUCIE COUNTY
WALTER A. MAYTON
PALM BEACH COUNTY
Mrs. Barbara Gwynn, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Mrs. Gwynn:
DISTRICT
Reference is made to my letters of 16 September and 12 October
1987 concerning a lease to the Town of Gulf Stream of FIND -owned
MSA 640/640 -A.
This District still desires to use its "standard" lease format
notwithstanding those several conversations between our respective
attorneys on the liability provisions of the lease.
Two copies of a Lease Agreement for MSA 640/640 -A are enclosed.
Request one copy be executed and returned for our files.
STANLEY E. GOODMAN SKE: rm
DADECOUNTY
Encs.
STAFF cc: Commissioner Mayton
STERLING K. EISIMINGER
EXECUTIVE DIRECTOR
ART WILDE
ASST EXECUTIVE DIRECTOR
NANCY BEERS
ADMINISTRATIVE ASSISTANT
Sincerely,
ng K. Eisiminger
ive Director
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477 TELEPHONE 305 - 6273386
L E A S E A G R E E M E N T
THIS LEASE AGREEMENT made this 15th day of February r 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.
-L-
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 Lessee 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
r
APPROVED AS TO FORM AND
CORRECTNESS:
BOARD OF COMMISSIONERS OF
FLORIDA INLAND NAVIGATION DISTRICT
A ester t:
Secretary
(SEAL)
TOWN OF GULF STREAM
By:
MAYOR
Attest:
CLERK
(SEAL)
ROBERT P. NATAPOW
2499 Glades Road • Suite 210 • Boca Raton, norida 33431
February 22, 1988
Barbara Gwynn
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Barbara:
I have heard from my new neighbor, Mr. Henry Wright, that the
Town of Gulf Stream is contemplating the installation of sanitary
sewers so that the continuation or installation of septic systems
would be eliminated. I am most anxious to be able to have the sewers
over the septic system even though the installation of our septic
system will be put in before the completion of the new sewers.
Sincerely,
Robert P. Natapow
cc: Mr. William Koch
:Mayor — Town of.Gulf Stream
Mr. Henry Wright
114\ I II. uLUUWUHIII
(MICE OF THE
STATE ATTORNEY
III 11 I N I I I IIIUIt M (' lilt 'III I of 11 11111111
IN ANl l l UII 1' ll !I III 1t I I l'u11N 11'
February 22, 1988
Chief Jim Greer
Gulfstream Police Dept.
Gulfstream, F1.
Re: Nijai Walker, Juvenile
Ct. Case No. 87 -7736
Police Case No. 87 -787
Dear Chief Greer:
Pull 0I I IC'll BOX 2705
WEST PALM BEACH, PL 33402
(305) 820 -2460
I write to inform you on the superb performance of one of your
officers, namely William Henry.
As the prosecutpr of the above referenced case it was an honor and
pleasure to work with such a professional and courteous individual.
From the commission of this criminal act up until the testimony and
verdict of guilty in this case, Officer Henry's actions and assistance
were of the highest caliber. Even the opposing attorney credited
Officer Henry, noting that from his experience your officer's methods
and attitude eclipsed those of any individual from such agencies as the
FBI and the DEA.
In all my cases of prosecution, I have never had a single officer
put as much time, energy and concern as officer Henry did in this
case. His concientiousness and integrity went far beyond what any
other officer has done for one of my prosecutions in the past, and
consequently I felt impelled to not only communicate this to yourself,
but also to_ congratulate you on such a fine department.
Thanks to Officer Henryls efforts our office was able to clearly
prove the case beyond any reasonable doubt.
Hy sincerest appreciation to your department and to Officer William
Henry.
Very truly yours,
i
/ 1 l i
Robert A. Gentile
Assistant State Attorney
7/
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t h a t w o u l d p r o t e c t a l l t h e P a r t i e s i n v o l v e d i n t h e B e r g h c o n t r a c t _
P l e a s e f e e l f r e e t o n a i l i f y o u h a v e a n y q u e s t i o n s _
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u
MARY BERG] & KJELL BERGH
Insurer: Western World Insurance Company
Limit of Liability: ,$500,000 single limit combining bodily
injury and property damage
Policy Term: One year from inception
Coverage: Owners, Landlords' and Tenants' Liability
conditions: Punitive Damaqe Exclusion
Pollution Exclusion
Assault & Battery Exclusion
Athletic Participants Exclusion
Classification limitation Endorsement
Prejudgment Interest Endorsarent
$500.00 Deductible each claim
Additional Insureds: Town of Gulf Stream
Require signs saying "No Trussing" be
posted
Require oormpleted application
Other terms and conditions as described
in policy.
Premium: S850.00
25 -00 Administrative Fee
26.25 Tax
S901.25 rxme at inception. fully earned
Premium Payment: If paid by the Berghs, require a certified
check payable to the Florida leac7ue of Cities,
mailed with the application. If paid by the Town,
we will invoice.
The Western World Insurance Company is an approved, non - licensed company in
the State of Florida. It. is not subject to the Guaranty Fund_ Best rating
is A+ VT.
ROBERT P. NATAPOW
2499 Glades Road • Suite 210 • Boca Raton, Florida 33431
February 22, 1988
Barbara Gwynn
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Barbara:
I have heard from my new neighbor, Mr. Henry Wright, that the
Town of Gulf Stream is contemplating the installation of sanitary
sewers so that the continuation or installation of septic systems
would be eliminated. I am most anxious to be able to have the sewers
over the septic system even though the installation of our septic
system will be put in before the completion of the new sewers.
Sincerely,
Robert P. Natapow
cc: Mr. William Koch
Mayor — Town of Gulf Stream
Mr. Henry Wright
0
CANNON HOUSE OFFICE BUILDING
Room 131
WASHINGTON, DC 20515
DANIEL A. MICA
14TH DISTRICT, FLORIDA
ADMINISTRATIVE ASSISTANT
SUZANNE STOLL Con
grva of the '11ttiteb otates�
jDouze of ltepraentatibeg
W"bington, RIC 20515
February 22, 1988
The Honorable William F. Koch, Jr.
100 Sea Road
Gulf Stream, Florida 33483
Dear Mayor Koch:
FOREIGN AFFAIRS
VETERANS' AFFAIRS
SELECT COMMITTEE ON
AGING
In response to your telephone call to my district office regarding
federal funds for installing a sewer collection system in the town of
Gulf Stream, I contacted the Committee on Public Works and Transportation,
Subcommittee on Water Resources.
It was explained that through Construction Grants, Water Pollution Act,
each state receives money from the federal government. This money is available
for specific construction, not including collection sewers.
I was also told that twenty percent of this money can be set aside by the
governor for ineligible uses, such as collector sewers. It is up to the
governor and the state how this twenty percent is used.
I hope this information is helpful and if I can be of further assistance
in this or any other matter, do not hesitate to le,9611111111%ow.
Kind regards.
DM:dr
PLEASE REPLY:
❑ CANNON HOUSE OFFICE BUILDING
ROOM 131
WASHINGTON, DC 20515
Sincerely
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
❑ 639 EAST OCEAN AVENUE
SUITE 303
BOYNTON BEACH, FL 33435
L 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:
I. 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.
-2-
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 Lessee 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:
BOARD OF COMMISSIONERS OF
FLORIDA INLAND NAVIGATION DISTRICT
Attu
Secretary
(SEAL)
TOWN OF GULF STREAM
Attest:
CLERK
(SEAL)
JOHNSTON, SASSER, RANDOLPH 8c WEAVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
HARRY A. JOHNSTON n WEST PALM BEACH, FLORIDA 33402
HENRY F. uuENTHAL
DONALD J. SASSER
1202.12fi2
JOHN C. RANDOLPH P. O. BOX M
H. ADAMS WEAVER
HARRY ALLISON JOHNSTON
ANN MARIE G. R=ONICO
1825.1253
JOYCE A. CONWAY February 11, 1988
TELEPHONE
(305) 655 -0108
TELECOPIER
(305) 655.1099
William Gwynn
Town Manager
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33444
re: Proposed prohibition on "For Sale" signs
Dear Bill,
Although it has been held in Florida that "aesthetics" is a valid consideration
in determining either the prohibition or regulation of certain signs within municipalities,
the U.S. Supreme Court has expressly ruled that a ban on on -site "For Sale" signs
in a residential area is unconstitutional. The Court held that such a ban was
of unconstitutional in part, in that it did not leave open ample alternative channels for
communication of expression. The Court found that the ban was intended to supress
sales information of vital interest to prospective purchasers in their decisions where
to live and raise their families, and therefore, the First Amendment guarantee of
free access to such information outweighed the communities' considerations.
Regulations relating to the placement of such signs, however, have been upheld.
For example, a regulation requiring that "For Sale" signs in a residential area be
removed within thirty days after execution of sale, and prohibiting the use of "Sold"
signs on residential premises have been upheld. Further, reasonable restrictions
governing size, setbacks, height, spacing, or otherwise regulating the manner of such
signs will also be upheld as long as such restrictions reasonably further a legitimate
public purpose, including aesthetics.
I know of no municipal ordinance which prohibits the use of "For Sale" signs
on residential properties. In fact, these signs are generally exempted from other
sign prohibitions. The State of Florida, in Florida Statute 479.16, which regulates
the location of signs located along the state highway system, specifically exempts
signs posted or displayed in real property by the owner, or by the authority of the
owner, which state that the real property is for sale or rent.
As you are aware, Gulf Stream currently permits real estate signs and regulates
them to the extent that they shall not exceed two square feet in total dimension.
This is not an unusual regulation, and is quite sustainable in court. I am familiar
with similar regulations in other municipalities which require that the face surface
of a real estate sign shall not be larger than forty (40) square inches. The same
William Gwynn
February 11, 1988
re: "For Sale" sign regulation
page 2
ordinance dictates that the color of signs shall be on a white background with black
block letters thereon.
Certainly, if the Town wishes to further regulate the appearance of such signs
for purposes of improving aesthetic qualities within the Town, it may do so. The
Town may not, however, totally prohibit such signs and expect that such a prohibition
would withstand legal scrutiny.
JCR /ajs
Very truly
C. Randolph
JOHNSTON, SASSER, RANDOLPH & WEAVER
L 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 Lessee 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
B
APPROVED AS TO FORM AND
CORRECTNESS:
BOARD OF COMMISSIONERS OF
FLORIDA INLAND NAVIGATION DISTRICT
A estf t:
Secretary
(SEAL)
TOWN OF GULF STREAM
Attest:
CLERK
(SEAL)
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