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HomeMy WebLinkAboutDocumentation_Regular_Tab 7A_6/20/1991 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive � Tequesta, Florida 33469-0273 • (407) 575-6200 m`�, T.4 FAX: (407) 575 6203 f4•eN coUNty MEMORANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager / DA TE: June 12, 1991 SUBJECT: Lease Agreement with the Tequesta Country Club Community Association (TCCCA) For Lots A, B, & C; Agenda Item For many years, the Village has leased Lots A, B and C along River Drive in the Country Club to TCCCA. Our records indicate the current lease to be the second one between the Village and TCCCA. TCCCA must maintain these properties and insure the Village in return for the lease. The current lease is set to expire in June of 1992. The boat dock which is on Lot C has deteriorated to the point where it must be rebuilt. TCCCA has applied for the necessary permits to rebuild this dock. Since th'e cost of the dock is significant, TCCCA desires to extend the lease prior to making such an expenditure. This appears to be a reasonable request and as such, in response to TCCCA, we have prepared the attached lease for your consideration. It has a term of fifteen ( 15) years, after which the lease is extended automatically from year to year unless either party wishes to cancel the same. The lease requires TCCCA to insure the Village with adjustments in the coverage over time at the Village 's discretion. The lease is acceptable from the Village's prospective and continues forward a contractual relationship the Village has had with TCCCA for well over twenty (20) years. It is recommended that the Village Council approve the Lease Agreement. TGB/mk Attachment Recycled Paper LEASE WHEREAS, on May 24, 1977, the VILLAGE OF TEQUESTA, FLORIDA, hereinafter called the "Lessor", and TEQUESTA COUNTRY CLUE. COMMUNITY ASSOCIATION, INC. , hereinafter called the "Lessee" , entered into a Lease Agreement, which Lease expires on July 1 , 1992; and WHEREAS, it is the desire of the parties to extend the terms of that Lease and to modify same in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the covenants herein contained on the part of the Lessee to be kept and performed, the Lessor does hereby lease to the Lessee the following described property: Lots.,A, B and C of TEQUESTA, a Subdivision of Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 25, Pages 7 to 15 inclusive to have and to hold the same for an additional term of fifteen (15) years beginning July 1, 1992. Subsequent to said fifteen year period, said Lease shall continue from year,to year unless either party hereto provides sixty (60) days written notice to the other of its intent to terminate the Lease. In consideration hereof, the Lessee promises, covenants and agrees as follows: 1. That the property will be used in accordance with the • terms and conditions of that certain Declaration of Restrictions, dated. December 27, 1956, and recorded in Official Record Book 2, at Page 638, public records of Palm Beach County, Florida, and as amended from time to time thereafter, relating to the Subdivision of Tequesta in Palm Beach County, Florida. • 2. That the maintenance, operation and use of said property shall be completely and exclusively under the control of the Lessee, and the Lessor shall have no obligation of any kind in this regard. 3. That the Lessee hereby indemnifies the Lessor, during the period of said Lease, and hereby saves, defends and holds Lessor harmless from any and all claims which may be made by any party resulting from this Lease agreement or from the use of the property described herein by Lessee or by any party. Lessee will acquire and maintain throughout the term of this Lease, comprehensive insurance coverage for the protection of the Lessor against liability for damage to person or property with the initial limits of $500,000.00/$1,000,000.00, it being understood that at the end of each five (5) years of the term of this Lease the Lessor may require reasonable increases of the coverage based upon experience and economics. The Village of Tequesta is to be an additional named insured on any insurance policy obtained by the Lessee for this purpose. 4. That the property will be used in conformity and compliance with the laws of the Village of Tequesta and the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed an sealed in its respective names by its duly authorized officers this day of 1991. Signed, sealed and delivered in the presence of: LESSOR: VILLAGE OF TEQUESTA By Its ATTEST: Village Clerk LESSEE TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. By Its ATTEST: Secretary STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally'appeared and to me known to be the and respectively of the VILLAGE OF TEQUESTA, and they acknowledged before me that they executed the foregoing instrument. WITNESS my hand and official seal in the County and State last aforesaid, this day of - , 1991. Notary Public , My commission expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared and to me known to be the and respectively of TEQUESTA COUNTRY CLUB COMMUNITY ASSOCIATION, INC. , and they acknowledged before me that they executed the foregoing instrument. - WITNESS my hand and official seal in the County and State last aforesaid, this day of , 1991. Notary Public My commission expires:. JCR\13153-01\TEOCC.LEA 1