HomeMy WebLinkAboutAgreement_General_07/26/2005
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
LEASE AGREEMENT
Lease No. 4505
THIS LEASE AGREEMENT, made and entered into this 2i(p ~ day of
~~,~,Iy 20Q~, by and between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as
"LESSOR," and the VILLAGE OF TEQUESTA, a municipal corporation, hereinafter
referred to as "LESSEE."
LESSOR, for and in consideration of mutual covenants and agreements
hereinafter contained, does hereby lease to said LESSEE, the lands described
in paragraph 2 below, together with the improvements thereon, and subject to
the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. DESCRIPTION OF PREMISES: The property subject to this lease contains
41.1 acres, is situated in the County of Martin, State of Florida and is more
particularly described in Exhibit "A" attached hereto and hereinafter called
the "leased premises".
3. TERM: The term of this lease shall be for a period of 50 years
commencing on ~µ~V 2•rD, ZOA$" and ending on ~j r~~ ZQS~
unless sooner terminated pursuant to the provisions of this lease.
4. PURPOSE: LESSEE shall manage the leased premises only for the
conservation and protection of natural and historical resources and for
resource based public outdoor activities and education which are compatible
with the conservation and protection of these public lands, as set forth in
subsection 259.032(11), Florida Statutes, along with other related uses
necessary for the accomplishment of this purpose as designated in the
Management Plan required by paragraph 8 of this lease.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of
ingress and egress to, from and upon the leased premises for all purposes
necessary to the full quiet enjoyment by said LESSEE of the rights conveyed
herein.
6. DNAIITHORIZED IISE: LESSEE shall, through its agents and employees,
prevent the unauthorized use of the leased premises or any use thereof not in
conformity with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole or in part
without the prior written consent of LESSOR, which consent shall not be
unreasonably withheld. Any assignment made either in whole or in part without
the prior written consent of LESSOR shall be void and without legal effect.
8. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for
the leased premises in accordance with Section 253.034, Florida Statutes and
subsection 18-2.021(4), Florida Administrative Code. The Management Plan
shall be submitted to LESSOR for approval through the Division of State Lands,
Department of Environmental Protection. The leased premises shall not be
developed or physically altered in any way other than what is necessary for
security and maintenance of the leased premises without the prior written
approval of LESSOR until the Management Plan is approved. LESSEE shall
provide LESSOR with an opportunity to participate in all phases of preparing
and developing the Management Plan for the leased premises. The Management
Plan shall be submitted to LESSOR in draft form for review and comments within
ten months of the effective date of this lease. LESSEE shall give LESSOR
reasonable notice of the application for and receipt of any state, federal or
local permits as well as any public hearings or meetings relating to the
development or use of the leased premises. LESSEE shall not proceed with
development of said leased premises including, but not limited to, funding,
permit applications, design or building contracts until the Management Plan
required herein has been submitted and approved. Any financial commitments
made by LESSSB which are not in compliance with the terms of this lease shall
be done at LESSEE'S own risk. The Management Plan shall emphasize the
original management concept as approved by LESSOR at the time of acquisition
which established the primary public purpose for which the leased premises
were acquired. The approved Management Plan shall provide the basic guidance
for all management activities and shall be reviewed jointly by LESSEE and
LESSOR. LESSEE shall not use or alter the leased premises except as provided
for in the approved Management Plan without the prior written approval of
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LESSOR. The Management Plan prepared under this lease shall identify
management strategies for exotic species, if present. The introduction of
exotic species is prohibited, except when specifically authorized by the
approved Management Plan.
9. EASEMENTS: All easements including, but not limited to, utility
easements are expressly prohibited without the prior written approval of
LESSOR. Any easement not approved in writing by LESSOR shall be void and
without legal effect.
10. SIIBLEASES: This lease is for the purposes specified herein and
subleases of any nature are prohibited without the prior written approval of
LESSOR, which approval shall not be unreasonably withheld. Any sublease not
approved in writing by LESSOR shall be void and without legal effect..
11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents,
representatives or employees shall have the right to reasonably inspect the
leased premises and the works and operations of LESSEE in any matter
pertaining to this lease.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and
improvements shall be constructed in accordance with plans that are in
accordance with the approved Management Plan or shall require the prior
written approval of LESSOR as to purpose, location and design which approval
shall not be unreasonably withheld. Further, no trees, other than non-native
species, shall be removed or major land alterations done without the prior
written approval of LESSOR. Removable equipment and removable improvements
placed on the leased premises by LESSEE which do not become a permanent part
of the leased premises will remain the property of LESSEE and may be removed
by LESSEE before or upon termination of this lease.
13. INSIIRANCE REQIIIREMENTS: During the term of this lease LESSEE shall
procure and maintain policies of fire, extended risk, and liability insurance
coverage. The extended risk and fire insurance coverage shall be in an amount
equal to the full insurable replacement value of any improvements or fixtures
located on the leased premises. The liability insurance coverage shall be in
amounts not less than $100,000 per person and $200,000 per incident or
occurrence for personal injury, death, and property damage on the leased
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premises. Such policies of insurance shall name LESSOR, the State of Florida
and LESSEE as coinsureds. LESSEE shall submit written evidence of having
procured all insurance policies required herein prior to the effective date of
this lease and shall submit annually thereafter, written evidence of
maintaining such insurance to the Bureau of Public Land Administration,
Division of State Lands, Department of Environmental Protection, Mail Station
130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. LESSEE
shall purchase all policies of insurance from a financially-responsible
insurer duly authorized to do business in the State of Florida. Any
certificate of self-insurance shall be issued or approved by the Chief
Financial Officer, State of Florida. The certificate of self-insurance shall
provide for casualty and liability coverage. LESSEE shall immediately notify
LESSOR and the insurer of any erection or removal of any building or other
improvement on the leased premises and any changes affecting the value of any
improvements and shall request the insurer to make adequate changes in the
coverage to reflect the changes in value. LESSEE shall be financially
responsible for any loss due to failure to obtain adequate insurance coverage,
and the failure to maintain such policies or certificate in the amounts set
forth shall constitute a breach of this lease.
14. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full
responsibility for and shall pay all taxes, assessments, liens or other
similar liabilities that accrue to the leased premises or to the improvements
thereon arising after this lease commences including any and all ad valorem
taxes and drainage and special assessments or personal property taxes of every
kind and all construction or materialman's liens which may be hereafter
lawfully assessed and levied against the leased premises subsequent to the
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effective date of this lease. In no event shall the LESSEE be held liable for
such liabilities which arose prior to the effective date of this lease.
16. NO WAIVER OF BREACH: The failure of LESSOR to insist in any one or more
instances upon strict performance of any one or more of the covenants, terms
and conditions of this lease shall not be construed as a waiver of such
covenants, terms or conditions, but the same shall continue in full force and
effect, and no waiver of LESSOR of any of the provisions hereof shall in any
event be deemed to have been made unless the waiver is set forth in writing,
signed by LESSOR.
17. TIME: Time is expressly declared to be of the essence of this lease.
18. NON-DISCRIMINATION: LESSEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicap, or marital status with respect to any activity
occurring within the leased premises or upon lands adjacent to and used as an
adjunct of the leased premises.
19. IITILITY FEES: LESSEE shall be responsible for the payment of all
charges for the furnishing of gas, electricity, water and other public
utilities to the leased premises and for having the utilities turned off when
the leased premises are surrendered.
20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum
products or minerals and does not give the right to LESSEE to drill for or
develop the same.
21. RIGHT OF AIIDIT: LESSEE shall make available to LESSOR all financial and
other records relating to this lease, and LESSOR shall have the right to audit
such records at any reasonable time during the term of this lease. This right
shall be continuous until this lease expires or is terminated. This lease may
be terminated by LESSOR should LESSEE fail to allow public access to all
documents, papers, letters or other materials made or received in conjunction
with this lease, pursuant to the provisions of Chapter 119, Florida Statutes.
22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to
LESSEE with reference to the conditions of the leased premises. The leased
premises herein are leased by LESSOR to LESSEE in an "as is" condition, with
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LESSOR assuming no responsibility for the care, repair, maintenance or
improvement of the leased premises for the benefit of LESSEE.
23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon
and subject to LESSEE obtaining all applicable permits and complying with all
applicable permits, regulations, ordinances, rules, and laws of the State of
Florida or the IInited States or of any political subdivision or agency of
either.
24. NOTICE: All notices given under this lease shall be in writing and
shall be served by certified mail including, but not limited to, notice of any
violation served pursuant to Section 253.04,. Florida Statutes, to the last
address of the party to whom notice is to be given, as designated by such
party in writing. LESSOR and LESSEE hereby designate their address as
follows:
LESSOR: Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3900 Commonwealth Boulevard,
Tallahassee, Florida 32399-3000
LESSEE: Village of Tequesta
Post Office Box 3273
Tequesta, fl 33469
25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of
the covenants, terms, or conditions of this lease, LESSOR shall give written
notice to LESSEE to remedy such breach within sixty days of such notice. In
the event LESSEE fails to remedy the breach to the satisfaction of LESSOR
within sixty days of receipt of written notice, LESSOR may either terminate
this lease and recover from LSSSEB all damages LESSOR may incur by reason of
the breach including, but not limited to, the cost of recovering the leased
premises and attorneys' fees or maintain this lease in full force and effect
and exercise all rights and remedies herein conferred upon LESSOR.
26. DAMAGE TO THS PREMISES: (a) LESSEE shall not do, or suffer to be done,
in, on or upon the leased premises or as affecting said leased premises or
adjacent properties, any act which may result in damage or depreciation of
value to the leased premises or adjacent properties, or any part thereof. (b)
LESSEE shall not generate, store, produce, place, treat, release or discharge
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any contaminants, pollutants, or pollution, including, but not limited to,
hazardous or toxic substances, chemicals or other agents on, into, or from the
leased premises or any adjacent lands or waters in any manner not permitted by
law. For the purposes of this lease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 IISC Section 9601 or which
are contained in the list of hazardous substances adopted by the IInited States
Envirorunental Protection Agency (EPA) and the list of toxic pollutants
designated by the IInited States Congress or the EPA or defined by any other
federal, state or local statute, law, ordinance, code, rule, regulation, order
or decree regulating, relating to, or imposing liability or standards of
conduct concerning any hazardous, toxic or dangerous waste, substance,
material, pollutant or contaminant. "Pollutants" and "pollution" shall mean
those products or substances defined in Chapters 376 and 403, Florida
Statutes, and the rules promulgated thereunder, all as amended or updated from
time to time. In the event of LSSSES's failure to comply with this paragraph,
LESSEE shall, at its sole cost and expense, promptly commence and diligently
pursue any legally required closure, investigation, assessment, cleanup,
decontamination, remediation, restoration and monitoring of (1) the leased
premises, and (2) all off-site ground and surface waters and lands affected by
LESSEE's such failure to comply, as may be necessary to bring the leased
premises and affected off-site waters and lands into full compliance with all
applicable federal, state or local statutes, laws, ordinances, codes, rules,
regulations, orders and decrees, and to restore the damaged property to the
condition existing immediately prior to the occurrence which caused the
damage. LESSEE'S obligations sat forth in this paragraph shall survive the
termination or expiration of this lease. This paragraph shall not be
construed as a limitation upon LESSEE'S obligations as set forth in paragraph
14 of this lease, nor upon any other obligations or responsibilities of LESSEE
as set forth herein. Nothing herein shall relieve LESSEE of any
responsibility or liability prescribed by law for fines, penalties and damages
levied by governmental agencies, and the cost of cleaning up any contamination
caused directly or indirectly by LESSEE'S activities or facilities. Upon
discovery of a release of a hazardous substance or pollutant, or any other
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violation of local, state or federal law, ordinance, code, rule, regulation,
order or decree relating to the generation, storage, production, placement,
treatment, release or discharge of any contaminant, LESSEE shall report such
violation to all applicable governmental agencies having jurisdiction, and to
LESSOR, all within the reporting periods of the applicable governmental
agencies. This paragraph shall not be deemed to apply to any conditions
existing prior to the effective data of this lease.
27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide
LESSOR with a current Phase I environmental site assessment conducted in
accordance with the Department of Environmental Protection, Division of State
Land's standards prior to termination of this lease, and if necessary a Phase
II environmental site assessment.
28. SURRENDER OF PREMISES: Upon termination or expiration of this lease,
LESSEE shall surrender the leased premises to LESSOR. In the event no further
use of the leased premises or any part thereof is needed, LESSEE shall give
written notification to the Bureau of Public Land Administration, Division of
State Lands, Department of Environmental Protection, Mail Station 130, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months
prior to the release of any or all of the leased premises. Notification shall
include a legal description, this lease number, and an explanation of the
release. The release shall only be valid if approved by LESSOR through the
execution of a release of lease instrument with the same formality as this
lease. Upon release of all or any part of the leased premises or upon
termination or expiration of this lease, all permanent/capital improvements,
including both physical structures and modifications to the leased premises,
shall become the property of LESSOR, unless LESSOR gives written notice to
LESSEE to remove any or all such improvements at the expense of LESSEE. The
decision to retain any improvements upon termination of this lease shall be at
LESSORS sole discretion. Prior to surrender of all or any part of the leased
premises a representative of the Division of State Lands, Department of
Environmental Protection, shall perform an on-site inspection and the keys to
any building on the leased premises shall be turned over to the Division.
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29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best
Management Practices for all activities conducted under this lease in
compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which
have been selected, developed, or approved by LESSOR, LESSEE or other land
managing agencies for the protection and enhancement of the leased premises.
30. PIIBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and
subsequently designate to the respective arthropod control district or
districts within one year of the effective date of this lease all of the
environmentally sensitive and biologically highly productive lands contained
within the leased premises, in accordance with Section 388.4111, Florida
Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of
obtaining a public lands arthropod control plan for such lands.
31. PROHIBITIONS AGAINST LIENS OR OTHER ENCIIMBRANCES: Fee title to the
leased premises is held by LESSOR. LESSEE shall not do or permit anything to
be done which purports to create a lien or encumbrance of any nature against
the real property contained in the leased premises including, but not limited
to, mortgages or construction liens against the leased premises or against any
interest of LESSOR therein.
32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this lease shall be ruled by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way
affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of
Historical Resources. The Management Plan prepared pursuant to Chapter 18-2
Florida Administrative Code, shall be reviewed by the Division of Historical
Resources to insure that adequate measures have been planned to locate,
identify, protect and preserve the archaeological and historic sites and
properties on the leased premises.
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34. SOVEREIGNTY SIIBMERGED LANDS: This lease does not authorize the use of
any lands located waterward of the mean or ordinary high water line of any
lake, river, stream, creek, bay, estuary, or other water body or the waters or
the air space thereabove.
35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding
between the parties and shall only be amended with the prior written approval
of LESSOR.
36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property
contained within the leased premises and the improvements located thereon, in
a state of good condition, working order and repair including, but not limited
to, keeping the leased premises free of trash or litter, meeting all building
and safety codes for the location situated, maintaining the planned
improvements as set forth in the approved Management Plan and maintaining any
and all existing roads, canals, ditches, culverts, risers and the like in as
good condition as the same may be on the effective data of this lease,
reasonable wear and tear excepted; provided, however, that any removal,
closure, etc, of the above improvements shall be acceptable when the proposed
activity is consistent with the goals of conservation, protection,
enhancement, or safety of the natural and historical resources within the
leased premises and with the approved Management Plan.
37 GOVERNING LAW: This lease shall be governed by and interpreted
according to the laws of the State of Florida.
38. SIGNS: .LESSEE shall ensure that the area is identified as being
publicly owned and operated as a public facility in all signs, literature and
advertising. If federal grants or funds are used by LSSSSB for any project on
the leased premises LESSEE shall erect signs identifying the leased premises
as a federally assisted project.
39. SECTION CAPTIONS: Articles, subsections and other captions contained in
this lease are for reference purposes only and are in no way intended to
describe, interpret, define or limit the scope, extent or intent of this lease
or any provisions thereof.
40. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative
fee of $300. The initial annual administrative fee shall be payable within
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thirty days from the date of execution of this lease agreement and shall be
prorated based on the number of months or fraction thereof remaining in the
fiscal year of execution. For purposes of this lease agreement, the fiscal
year shall be the period extending from July 1 to June 30. Each annual
payment thereafter shall be due and payable on July 1 of each subsequent year.
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IN WITNESS WHEREOF, the parties have caused this lease to be
executed on the day and year first above written.
~~
Witness /, /~~
PrintlTypQ Witness N e
Wi
Prin
~~~.~~,/~rc~
ss Name
STATE OF FLORI
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: .~~'l-L CL~~ ..'~l~l ~=~; L ~ (SEAL)
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
OF STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
"LESSOR"
The foregoing instrument was acknowledged before me this ~6 ~~day of
O ~,~~~,~~ 20~; by Gloria C. Nelson, as Operations and Management
Consultant Mafiager, Bureau of Public Land Administration, Division of State
Lands, Department of Environmental Protection, as agent for and on behalf of
the Board of Trustees of th ternal Improvement Trust Fund of the State of
Florida, who is ersonally kno t me or who has produced as
identification.
N tart' Public, State of `Florida
Print/Type Notary Name
Page 12 of 14
Lease No. 4505
Commission Number:
Commission Expires:
~~~.~---,,,, Theresa M. Brady
,` ~'pr a~ '•, ~ammission # Dp0$1826
' z~~ = Eapues tan- 2 2006
"" naed
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'~.,FOF ~°•~~ Atlantic BondlDg .Inc.
~ann~~
Approve as to Form a Legality
By: ~
P Atto et'
R11/26/03
Witnea
+'1rLt. 1-- ~ ~i:C.
Print/Type Name
Witx~eas ~
Print/Type Name
STATE OF FLORIDA
COUNTY OF MARTIN
They
N 9;y Public,/`Stat
Typn Notary Name
Commission Numbers
Commission Expires:
•M-
me this ~ day o!
as
~-,"',~ ci~ven E
~O~ empires Aupttg~ ~ 2004
VILLAGE OF TEQUE a ``` {{{{1~// ~~
municipal corpo i n ~~ //
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Pzint/Type Name .,. ,; SE /{ ~ : D
Title: '~NCORpORATED:
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~LESSEE•• ~i~i~~~F'F ; OP```~~
3oinq~natruypant wa acknowledged befo
20 cc~7~ by. ___ rM as _
Wally known to m~ or who ha a produced
- J J /.~ i
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EXHIBIT "A"
LEGAL DESCRIPTION OF LEASED PREMISES
Beginning~at a point on R~.nge Line 43 East marking the Weat
. .boundary line of Section 19, Township 40 South, Range 43
• East, Martin County, Florida, where said line intersects an •
• .imaginary line 50 feet North of and parallel to the centerline
•of the County Road. marking the boundary line of Martin and
Pa]sn-Beach Counties; this~as a point of beginnYng; thence,
Fast along a line paralleling-the County'Road•centerline as
• aforesaid, a distance of 848.25 feet; thence, North along
a line•parallel to the aforesaid .Range Lind, a distance of
• 1320 feet;, thence .West along a line parallel to the aforede-
•scribed West-to-East line, a'diatance of $48.25 feet to .~
the aforesaid Range Line. .All of the aforedesCribed'parce•1
being located in Section 19; thence, continuing West, a die-
tance of 826 feet more or less to the Easterly right-of-way
line of old Dixie•Highway, Z,ying East of .and running parallel
to the Florida.Eastcoast Railway; thence,.Southeasterly along •
the Easterly right-of,way line of old Dixie Highway to a point
where said right-of-way. line intersects a Westerly extension
of the Pirst described imaginary line parallel to the County
. Road; thence, East along said extended line a distance of 191.75
feet more, or lees, •to • the point ' of beginni:ngg~.. All of the last
described parcel'being•located in Section~24, Township 40
South, Range 42 East, Martin County,.Florida.
All of the above Confaining•approximately 41.1 acres.
• i~
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Lease No. 4505
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Florida Department of Ch Gove
Environmental rnor
Environmental Protection JeffK9tt>�
FL w Marjory Stoneman Douglas Building LL Governor
M 3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000 Michael W. Sole
Secretary
September 10, 2009
Ms. Pamela Lazarus
Recreation Specialist
345 Tequesta Drive
Tequesta, FL 33469
RE: Tequesta Park land use plan- Lease 4505
Dear Ms. Lazarus:
The Division of State Lands (DSL), Office of Environmental Services, acting as agent for
the Board of Trustees of the Internal, Improvement Trust Fund, approves the Tequesta
Park land use plan. A plan update is due by September 10, 2019.
Approval of this Land Use plan does not waive the authority or jurisdiction of any
governmental entity that may have an interest in this project. Implementation of any
upland activities proposed by this plan may require a permit or other authorization
from federal and state agencies having regulatory jurisdiction over those particular
activities. Pursuant to the conditions of your lease, please forward copies of all permits
to this office upon issuance.
Sincerely,
LOW
Paula L. Allen
Office of Environmental Services
Division of State Lands
PLA /bh
"More Protection, Less Process"
www.dep.statefl.us
OF TF `'
�A VILLAGE OF TEQUESTA
Wu
August 21, 2009
Dear Gloria, RECEIVED AUV,Z RECE IVE;, Au 2 x,09
10
With regard to Tequesta Park, enclosed please find the following documents:
• Land Use Plan
• Boundary Survey
• Current Photos of Tequesta Park
*Proposed Improvements Site Plan
Should you have any additional requests or requirements in order for the Village
to move forward with Phases I and II of the FRDAP Grants for the park, please do
not hesitate to contact me.
Regards,
Pamela Lazarus
Kccrcation, pccialist
Village of Tequesta
Parks & iZecreation Department
(56 575-1285
56 575 -73 Fax
www.tequesta.orq
Enclosures
345 Tequesta Drive • Tequesta, Florida 33469
(561) 575 -6200 • Fax: (561) 575 -6203
www.tequesta.org
Land Use Plan for Non - conservation Properties
This land use plan form is intended for all Board of Trustees leases and subleases of non -
conservation properties. It is intended to address the requirements of Chapter 253.034 and
259.032, Florida Statutes, and 18- 2.021, Florida Administrative Code. Attachments to this form are
welcome if the space provided below is not sufficient. Number all attachments and reference
them in the appropriate location below. Please answer all of the numbered items.
You are under no obligation to use this form. Any management plan format is acceptable,
provided it includes all of the appropriate items from 253.034 and 259.032, F.S., and-18-2-021,
F.A.C. This form is available in electronic format on request.
A. General Information
1. Land Management Plan Executive Summary
(A standard form is enclosed. Complete and attach to the front of the plan.)
2. Common name of the property
Teauesta Park
3. Indicate how the land was acquired. (For instance, quit claim, appropriation,
budget grant, donation, etc.)
Lease Agreement: Lease Number 4505
4. Attach a map showing the location and boundaries of the property including
the location and type of structures or improvements on the property, as well
as identifying the location and type of proposed improvements.
See Attachments #1
5. Identify any Federal, State, local, or private conservation within 10 -miles of
the property. Attach a map showing the location in relation to this property.
Jonathan Dickinson State Park
6. Is the property within an Aquatic Preserve or a designated Area of Critical
State Concern, or an area under study for such designation? If yes, has the
appropriate managing agency been notified of the plan? Please provide a
statement of proof.
NO
7. Are there any agency - specific statute requirements or legislative /executive
directives that constrain the use of the property? (These restrictions can
frequently be found in the lease or lease agreement)
YES X NO
If YES, please identify: leased premises only for the conservation &protection
of natural & historical resources and for the resource based public outdoor
activities & education which are compatible with the conservation and
protection of these public lands.
8. Identify the degree of title held by the Board of Trustees, including any
reservations or encumbrances such as leases.
Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida referred to as "LESSOR" and the Village of Teguesta, a municipal
corporation, referred to as "LESSEE ".
9. State the extent of, if any, public involvement and local government
participation in developing the plan, including a summary of comments and
concerns expressed. (Properties less than 160 acres do not require an advisory
group, as referenced in Chapter 259.032, F.S.)
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B. Natural and Cultural Resources
10. Please provide the following information:
a) Are there any archaeological and /or historical resources on site?
YES NO X
If YES, please identify
b) Are there any water resources, including water quality classification for each
water body and the identification of any such water body that is designated as an
Outstanding Florida Waters on site?
YES NO X
If YES, please identify
c) Are there any State and federally listed endangered or threatened species, or
imperiled habitat on site?
YES NO X
If YES, please identify
d) Are there any beaches, dunes, swamps, marshes or other wetlands on site?
YES NO X
If YES, please identify
e) Are there any mineral resources, such as oil, gas and phosphates, any unique
natural features, such as coral reefs, natural springs, caverns, large sinkholes,
virgin timber stands, scenic vistas, and natural rivers and streams, and
outstanding native landscapes containing relatively unaltered flora, fauna, and
geological features on site?
YES NO X
If YES, please identify
11. Please provide the management strategies to be implemented to protect the
resources found on site. (These strategies can be attached as appendices.)
C. Usage of the Property
12. Identify the designated single or multiple uses of the property, as required in
Chapter 253.034, F.S.
Single Multiple X use /s is /are Active & Passive Recreation
13. Describe the recent past uses of the property, and any unauthorized uses, if
known..
Youth. Baseball, Softball, Soccer Lacrosse Basketball Tennis Rugby. Adult•
Tennis, Soccer, Basketball. Dog WalkinF, Picnicking Nature Walking
No unauthorized use to mention (see attachment #2 Site Plan)
14. What is the purpose for which the property was acquired and the statutory
authority for such uses?
To meet the Village's Comprehensive Plan for Recreation Park and green
space.
15. Identify any proposed uses in detail (Attach a map that depicts any planned
development of the property, or additions to existing structures. This
information can be included on the map from #4 above.)
See attachment #2 Site Plan
16. Have alternative or multiple uses of this property been considered? (For
example, recreation, silviculture, etc.)
YES X NO
(If YES, please list them and explain why they were not adopted.)
Recreation
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17. a) Are there any parcels of land within or adjacent to the property that
should be purchased because they are essential to its management?
YES NO _X
b) Are there any portions of this property no longer needed for your use?
YES NO X
(If YES to "a" or "b," provide a brief statement and attach a map that clearly
defines the specific parcels.)
D. Management Activities
18. If there is more than one agency managing this property, describe the
management responsibilities of each agency and how such responsibilities
will be coordinated.
No
19. List all important management needs and problems for the property.
Explain how you plan to address these needs. For management problems,
describe proposed solutions, including potential mitigation project sites.
(attach additional pages as necessary)
ADA accessibility & storage Pathways to recreation amenities to be added (see
attachment # 2 site plan). New storage facilft for maintenance gquipment.
20. Are there any adjacent land uses that conflict with the planned use of the
property? YES NO X
If YES, describe below and identify the approximate location of these
activities on an attached map.
21. Are the planned uses of the property expected to impact the renewable and
non - renewable resources of the property?
YES NO X
(If YES, what specific actions will be taken to protect, enhance, and conserve
these resources and to mitigate damage caused by such uses ?)
22. How does your agency plan to provide for the following? (Note any
drainage problems, development that might cause erosion, and sources of
possible soil or water contamination, including any hazardous or petroleum
products which are to be stored on site. Describe how these problems will
be prevented. If no problems are anticipated, briefly explain why.):
a) Conservation of soil and water resources (including control and
prevention of soil erosion and water and soil contamination)
b) Control of invasive, non - native plants
Exotic species to be removed (see attachment #2 site Alan) as FRDAP Grants come
available.
23. Please note your agreement with the following statement:
THE MANAGING AGENCY FOR THE PROPERTY DESIGNATED IN THIS
MANAGEMENT PLAN WILL CONSULT WITH THE DIVISION OF
HISTORICAL RESOURCES BEFORE TAKING ACTIONS THAT MAY
ADVERSELY AFFECT ARCHAEOLOGICAL OR HISTORICAL
RESOURCES. THIS MANAGEMENT PLAN COMPLIES WITH THE
"STATE LANDS MANAGEMENT PLAN, " ADOPTED BY THE BOARD OF
TRUSTEES ON MARCH 17,1981, AND THE PLAN REPRESENTS
BALANCED PUBLIC UTILIZATION.
AGREE X DISAGREE
24. Does the local government agree that this plan complies with their Local
Government Comprehensive Plan? (Provide as a numbered attachment a
letter from the local government, or at a minimum, a copy of the letter that
your agency sent to them requesting this information.)
YES NO NO RESPONSE FROM LOCAL GOVERNMENT