HomeMy WebLinkAboutDocumentation_Regular_Tab 03_09/09/2010 • VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text.
9/9/10
Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Council Approval of Jonathan Dickinson State Park Release of Former Sub -Lease Number 3628 -001
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The Florida Department of Environmental Protection has requested the Village sign the attached release of
sublease as they should have been executed back in 2005.
5. APPROVALPJ
Dept. Head - Finance Director: F Reviewed for Financial
Sufficiency
❑ No Financial Impact
/ r, Review Only
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ❑
• DENY ITEM: ❑
Form amended 08/26/08
MEMORANDUM
Village of Tequesta
Clerk's Office
�r
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori McWilliams, Village Clerk
DATE: August 24, 2010
SUBJECT: Release of Sublease — Jonathan Dickinson State Park
The Florida Department of Environmental Protection, Bureau of Land Administration
has requested the Village sign the attached Release of Sublease for Jonathan
Dickinson State Park. This apparently should have been executed and submitted by
the Village in 2005 when the fifty year term lease agreement was approved.
Attached:
• Letter from DEP Bureau of Land Administration
• 2005 Lease Agreement
• Release of Sublease for execution
Florida Department of Charlie Governor erns
Environmental Protection Jeff Kottkamp
FLO ' Marjory Stoneman Douglas Building Lt. Governor
A 3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000 Michael W. Sole
Secretary
August 6, 2010
Village of Tequesta, Florida
attn: Mrs. Laurie McWillams
345 Tequesta Drive
Tequesta, Florida 33469
RE: Release of Sublease Number 3628-
to Lease Number 3628
Jonathan Dickinson State Park
Dear Mrs. McWillams:
Enclosed are four (4) original release of sublease number 3628 -001 that require acceptance by
notarized signature by the appropriate party (two witnesses required). Pursuant to Chapter 695,
Florida Statutes, the name of the person executing the instruments, the two witnesses, and the
notary public must be legibly printed or typewritten directly below that person's signature.
Please have the enclosed release of sublease number 3628 -001 executed and return all originals
to my attention at the letterhead address above, Mail Station 130. Upon receipt and acceptance,
we will transmit the release of sublease for final departmental execution and a fully executed
copy will be provided to you for your records.
Thank you for your assistance. If you have any questions, feel free to give me a call at (850)
245 -2720, extension 4752 or e -mail me at david. fewellkdep. state. fl.us
Sincerely,
David Fewell
Land Acquisition Agent
Bureau of Public Land Administration
Division of State Lands
dlf/
Enclosures (Instrument)
RE: 15906
"More Protection, Less Process"
www. dep. statefl. us
Release of
Sublease
ROS1
RELEASE OF SUBLEASE
ON
LEASE NO. 3628
STATE OF FLORIDA
COUNTY OF MARTIN
SUBLEASE NO. 3628 -001
The undersigned on the day of do(es) hereby
quitclaim, release and surrender all right, title and interest in and to
the lands described in attached Exhibit °A" which are subleased under
Sublease Agreement No. 3628 -001, dated May 15, 1973 between STATE OF
FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND
PARKS, as SUBLESSOR, and VILLAGE OF TEQUESTA, FLORIDA, a municipal
corporation, as SUBLESSEE, effective the day of
2010.
VILLAGE OF TEQUESTA, FLORIDA
Witness
B y : (SEAL)
Print /Type Witness Name Print /Type Name
Title:
Witness
Print /Type Witness Name "SUBLESSEE"
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this day of
2010, by , as who
is /are personally known to me or who has produced as
identification.
Notary Public, State of Florida
Print /Type Notary Name
Commission Number:
Commission Expires:
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF
RECREATION AND PARKS, as SUBLESSOR under Lease No. 3628 hereby consents to
the foregoing Release of Sublease this 1 day of A4-3w + 2010.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
DIVISION OF RECREATION AND PARKS
O. By: (SEAL)
e s Albert G. Gr, r , Chief
' - J� e- Office of Pa Planning
Print /Type Witnes Name
®
CL
itne a V
"SUBLESSOR"
Print /Type Witness Name
STATE OF FLORIDA
COUNTY OF LEON
A foregoing instrument was acknowledged before me this day of
2010, by Albert G. Gregory, as Chief, Office of Park
Pladning, on behalf of Division of Rec tion and Parks, State of Florida
Department of Environmental Protecti a personally nown to me.
NOTARY PUBLIC-STATE OF FLORIDA O y Publi. S O lorida
Paula Knight
Commission #DD957934
%•' Expires: FEB. 01, 2014
BoxDIOTnUATLnn Print /Type Notary ame
Commission Number: DW1,W n 15 / ry
734
Commission Expires: Fekxwea 371 Z o14
Page 2 of 8 Pages
Release of Sublease Number 3628 -001
The BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA hereby consents to the foregoing Release of Sublease, this
day of 2010.
(SEAL)
Gloria C. Barber, Operations and
Management Consultant Manager,
Bureau of Public Land Administration
Division of State Lands
State of Florida Department of
Environmental Protection
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day
of , 2010, by Gloria C. Barber, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, acting as
agent for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida. She is personally known to
me.
Notary Public, State of Florida
Print /Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 3 of 8 Pages
Release of Sublease Number 3628 -001
Jov\a - kcp IJi CAL iwPao-,-
C - 73 �28�
93
SUBLEASE
THIS INDENTURE, made on this ';_� clay of
1973 by and between the STA`T'E OF FLORIDA DEPARTMENT OF NA t OItAL
RESOURCES, DIVISION OF RECREATION AND PARKS, hereinafter called
"Sublessor ", and the VILLAGt OF TEQUESTA, FLORIDA, a. municipal
corporation, hereinafter called "Sub -Tessee ";
W 'I T N E S S E T H:
WHEREAS, the Sublessor is the -Lessee of certain property*
hereinafter described, from the State of Florida Board of Trustees
of the Internal Improvement Trust Fund, for the purpose"of operat-
ing and maintaining it as a part of Jonathan Dickinson State Park;
and
VHEREAS, the Sublessee is desirous of managing-the, said
property oh 'a continuing basis as a municipal. park and is'itt a
position to do so effectively; and
4111BREAS, the Sublessor is cognizant of the public outdoor
recreational opportunities which will be afforded by such an
arrangement;
NOVI, THEREFORE, it is mutually agreed that for and in
consideration of the covenants hereinafter contained,.'the parties
hereto agree as follows
1. The Sublessor does hereby lease to the Sublessee, '
subject <to all-the terms and conditions of the Lease Al reement of
January 23 „1968, entered into between the State of Florida B oard
of Trustees of the Internal Improvement Trust Furid, as Lessor, and
the State of Florida Department of Natural Resources, as Lessee,
for the use and benefit of the Division of and Parks,
Heise certain _lands 7.ying, being and situated in Martin County,'
Florida, doscr:ihad in Exhil "il” attached hereto.
2. 7.'he Slible ec shall have and hold She des(:r - lbcd )and
for a'pct1od of fifty ( .'cars from the date hereof, for outdon) .
rt:crca.L:icm and relat.!I onmo- tti.ble: t- ii.t:ti the olx:rnt:i.an of.'
1 =f
Exhibit "A"
Page 4 of 8 Pages
-- Release of Sublease No. 3628 -001
3. 'he : irb].essee covenants and agrees to comply vli.th al
the terms and conditions of that certain Lease above mentioned of
January 23 1968 between the State of )Florida Board of Trustees
Of the Iriternai Improvement Trust Fund, as Lessor and the State
of Florida Departmont Natural . Resources, as Lessee.
1 F. The Sublessee shall have the right.to enter upon the.
subleased lands for all purposes necessary to the full enjoyment
of the rights herein' conveyed.
t
5. The Sublessee shall, through i.t agents and employees,
cooperate to prevent the unauthorized use of the subleased lands
or any use thereof not in conformity with the Lease Agreement of
January 2 3, .1968, or with this Sublease Agreement.
6. Tie Sublessor or its duly authorized agents shall have
the right at any .reasonable time to inspect the subleased ].ands
and the works and operations thereon of the Sublessee in any matter
t
pertaining to this agreement. Should the Sublessee fail to keep
and perform any of its covenants, the Sublessor shall give ninety
{90) days, written notice requiring the satisfactory correction of
that failure. Any failure to effect the correction during the,
ninety (90) day period shall give the Sublessor the right to
terminate the Sublease upon thirty (30) days written notice by
the Sublessor.
7. The Sublessee shall hold the Sublessor hgr'm1ess from
any liability or claims that may result from injuries to persons
or damage to property resulting from the management and use by the
Sublessee of subleased premises.
_8. No trees shall be removed or major land alterations
done by,the Sublessee without the prior approval 'of the Sublessor.
Further, the Sublessee shall be responsible for the protection.apd
maintenance of all of the subleased property and the improvements
thereon and shall maintain fire lanes in good repair at. locations
approved i.n advance by the Silblc:sror.
9. All. biiiadin rs, structures, and impLOVelncnts shall
c0l"Irtructed in accordance. cri.th pl.cins prepared by professional
IT ers and sha'11 .require the ariv;:rc ^a' rn:i.ia•cn aphrc of
:illill h:: ^M' ft itn lC,i;h ln...rc 1. •i nt, ;t.ncl iirr: nr „•o�aJ :.:lur._I.1 rt.,J. be - -
n:r•It:i.1.;4c,'a:Iy or Ill a.:;; 1- ly
MI ' Exhibit "A”
Page 5 of 8 Pages
Release of Sublease No. 3628 -001 -
-3-
Al.l. costs of improvements and operations on the 'suit'-
7
leased area shall be the Sublessees complete responsibility.
3.1.. The buildings and structures provided by the Sublessee
shall remain the property of the Sublessee until termination of.
the Sublease; and for six (6) months thereafter the Sublessee shall
have the right-of removing such buildings and structures from the
property; otherwise, they shall:. become the property of the Sublessor.
12. The Sublessee shall at '>zll times keep the entire sub -
leased clean and properly maintained.
13... The Sublessee shall mal4;e the subleased lands available
to the general public and shall construct and install at a prominent
location near.the public entrance to the subleased lands an adequate
sign identifying the area as being a part of Jonathan Dickinson State
Park, recognizing the cooperation of the State of Florida Department
of Natural Resources, Division.of Recreation and Parks, and stating
the,area is :open to the general public:
14: This Sublease and any rights and privileges conferred
herein`- shall: not, be assigned or transferred by the Sublessee with-
out the written consent of the Sublessor. "
15: . Should the Sublessee abandon or fail to use the pro-
perty heiein• described for a period of one .(I) year, the Sublease
shall become null and void upon written notice by the Sublessor
to the Sublessee.
16: This Sublease : shall be terminable upon ninety (90)
days written notice, subject to the mutual consent of both parties.
IN WITNESS WHEREOF, the State of Florida Department of
Natural Resources, and the Village of Tequesta, Florida, have
caused there.presents to be signed by their duly authorized officers,
and their official seals have.been hereunto; affixed this �f -.c ti •
day of \_'1L , 1973, at Tallahassee, Florida.
STA1.T', OF FLORIDA
DEPAlt`L'NENT OF NATURAL FESOUI:CF;S
j•',:....alti. . a. D:1 1'•ti t,pr. t. �..
Exhibit "A"
Page 6 of 8 Pages
Release of Sublease No. 3628 -001
WITNESS: VILLAGE OF TIEQ.UESTA, FLORIDA
4TTES`!.': �. �� /ti�f -
As to lil:l.age of Tequesi a,
Florida
Exhibit "A"
Page 7 of 8 Pages
Release of Sublease No. 3628 -001
97
IMI.THIT "A"
Beginning at a point on Range Line 1 13 Es.st rnarlci.ng tiie West
boundary Line of Section 19, Township 1 10 Soutl Range 1 13
Eant, nartii County, p].or:i.da, where said line intersect, an
imaginary ]inn 90 feet North of and parallel to the centerline
Of tine County Road marking the, boundary line of Martin and.
Palm Beach Counties, this as a point of beginn:i_ne;; thence, •
East along a line paralleling the' County Road centerline as
aforesaid, a distance of .8 feet; thence, North along
a line parallel, to the aforesaid Range Line, a distance of
1320 feet.; thence West along a' line pe,raa.lel to the aforede-
scribed West -to -East line, a distance of 8 feet to
the aforesaid Range Line'. All of the aforedescribed parcel
being located in Section 19; thence; continuing West, a dis-
tance of 826 feet more or less to the Easterly right -of -way
line of o.ld Dixie highway, lying East of and running parallel.
to'the Florida Eastcoast Railway; thence, Southeasterly along
the •Ea;;ter. w
ly right- of-ay line of old Dixie Highway to point
where said right-of-way line intersects a Westerly extension
of the first;described imaginary line parallel, to the County
Road;.thence;� East along said extended line a distance of. 1.91.75 .
feet more or•less, to the point of beginning. All of'the last
described 'parcel being located in Section 24, Township 40
South; Mange. 1 12 East, LMartin County, Florida.
I
All of the above containing approximately 1 11.1 acres.
J
Exhibit ..A..
Page 8 of 8 Pages
Release of Sublease No. 3628 -001
2005
Lease
Agreement
POARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
LEASE AGREEMENT
Lease No. 4505
'HIS LEASE AGREEMENT, made and entered into this day of
- 201 , by and between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROV**KZNT TRIIST FUND OF THE STATE OF FLORIDA hereinafter referred to as
"LESSO#," and the VILLAGE OF TEQUESTA, a municipal corporation, hereinafter
referr #d to as "LESSEE."
USSOR, 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:
I
1. DELEGATIONS OF AUTHORITY LESSOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. �ZSCRIPTION 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 C/w�.. _ZG 30q .............— and ending on
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 t }e 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
Manage*ent Plan required by paragraph 8 of this lease.
S. QUIET ENJOYMENT AND RIGHT OF USE LESSEE shall have the right of
I
ingress and egress to, from and upon the leased premises for all purposes
necess *ry to the full quiet enjoyment by said LESSEE of the rights conveyed
herein,
6. t!!AUTHORIZED USE LESSER shall, through its agents and employees,
prevent( the unauthorised use of the leased premises or any use thereof not in
confongity with this lease.
7. 1SSIGNMENT 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.
B. itANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for
the leaned 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
approvail of LESSOR until the Management Plan is approved. LESSEE shall
provided LESSOR with an opportunity to participate in all phases of preparing
and de- Aeloping 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 *rmits as well as any public hearings or meetings relating to the
develop pent 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 LESSEE 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
origino management concept as approved by LESSOR at the time of acquisition
which ejstablished the primary public purpose for which the leased premises
were aclquired. 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 promisee except as provided
for in the approved Management Plan without the prior written approval of
Page 2 f 14
Lease N�. 4505
R11/26/01
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. SEMENTS: 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. S II UBLEASES & This lease is for the purposes specified herein and
subleades 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. #IGHT OF INSPECTION LESSOR or its duly authorized agents,
repres$ntatives or employees shall have the right to reasonably inspect the
leasedpremises and the works and operations of LESSEE in any matter
pertaining to this lease.
12. 1LACEMSNT AND REMOVAL OF IMPROVEMENTS All buildings, structures and
improvements shall be constructed in accordance with plans that are in
accordance with the approved Management Plan or shall require the prior
written approval of LESSOR as to purpose, location and design which approval
shall not be unreasonably withheld. Further, no trees, other than non - native
species, shall be removed or major land alterations done without the prior
written approval of LESSOR. Removable equipment and removable improvements
placed on the leased premises by LESSEE which do not become a permanent part
of the ,leased premises will remain the property of LESSEE and may be removed
by LESSEE before or upon termination of this lease.
13. INSURANCE REQUIREMENTS During the term of this lease LESSEE shall
procure and maintain policies of fire, extended risk, and liability insurance
coverage. The extended risk and fire insurance coverage shall be in an amount
equal to the full insurable replacement value of any improvements or fixtures
located, on the leased premises. The liability insurance coverage shall be in
amount$ not less than $100,000 per person and $200,000 per incident or
occurrence for personal injury, death, and property damage on the leased
Page 3 of 14
Lease #o. 4505
R11J26J0$
premises. Such policies of insurance shall name LESSOR, the State of Florida
and LESSEE as coinsureds. LESSEE shall submit written evidence of having
procurAd 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
insure# 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
LESSORland the insurer of any erection or removal of any building or other
improv¢ment on the leased premises and any changes affecting the value of any
improvimnts 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 $hall constitute a breach of this lease.
14. $IABILITY Each party is responsible for all personal injury and
properly damage attributable to the negligent acts or omissions of that party
and the4 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 try time, or any other law providing limitations on claims.
15. OF TARES AND ASSESSMENTS LESSEE shall assume full
respongibility for and shall pay all taxes, assessments, liens or other
similai liabilities that accrue to the leased premises or to the improvements
thereon arising after this lease commences including any and all ad valorem
taxes end drainage and special assessments or personal property taxes of every
kind av all construction or materialman's liens which may be hereafter
lawfully assessed and levied against the leased premises subsequent to the
�
Page 4 of 14
Lease So. 4505
R11 /26/O3
effective date of this lease. In no event shall the LESSER be held liable for
such liabilities which arose prior to the effective date of this lease.
16. MO 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 Yee deemed to have been made unless the waiver is set forth in writing,
signed by LESSOR.
17. tIMZz Time is expressly declared to be of the essence of this lease.
18. �ON- DISCRIMINATION LESSER shall not discriminate against any
indivi*ual because of that individuals race, color, religion, sex, national
origin, age, handicap, or marital statue 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. VILITY FEES LESSER shall be responsible for the payment of all
charge¢ 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.LRSSER to drill for or
develot the same.
21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and
j
other �ecorda relating to this lease, and LESSOR shall have the right to audit
such rkcords at any reasonable time during the term of this lease. This right
shall ]ye continuous until this lease expires or is terminated. This lease may
be terminated by LESSOR should LESSER fail to allow public access to all
docume *ts, papers, letters or other materials made or received in conjunction
with this lease, pursuant to the provisions of Chapter 119, Florida Statutes.
22, ONDITION OF PREMISES LESSOR assumes no liability or obligation to
LESSEEiwith reference to the conditions of the leased premises. The leased
premises herein are leased by LESSOR to LESSEE in an as is" condition, with
Page 5 o 14
Lease Mo. 4505
I
R11/26/o'3
LESSOR', assuming no responsibility for the care, repair, maintenance or
improvbment of the leased premises for the benefit of LESSEE.
23. MMPLIANCR WITH LAWS LESSEE agrees that this lease is contingent upon
and su*ject to LESSEE obtaining all applicable permits and complying with all
applicable permits, regulations, ordinances, rules, and laws of the State of
Florid¢ or the United States or of any political subdivision or agency of
either
24. #OTICZt All notices given under this lease shall be in writing and
shall I'e served by certified mail including, but not limited to, notice of any
violation served pursuant to Section 253.04, Florida Statutes, to the last
addrem 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
follow9s
LESSORs Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3900 Commonwealth Boulevard,
Tallahassee, Florida 32399 -3000
4ESSEEs Village of Tequesta
Post Office Box 3273
Teguesta, fl 33469
25. }$REACH 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 evint 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 LESSEE 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 THE 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)
LESSEEIshall not generate, store, produce, place, treat, release or discharge
Page 6 of 14
Lease Ito. 4505
siI /zc /o9
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. Tor the purposes of this lease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 USC Section 9601 or which
are co *tained in the list of hazardous substances adopted by the United States
Environmental Protection Agency (EPA) and the list of toxic pollutants
design*ted by the United 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 LESSEE'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
premis +s, 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 set forth in this paragraph shall survive the
termination or expiration of this lease. This paragraph shall not be
const"ed 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 aet. forth herein. Nothing herein shall relieve LESSEE of any
responlibility 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
r
discov¢ry of a release of a hazardous substance or pollutant, or any other
Page 7 of 14
Lease *o. 4505
811/26/0
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
violat�on 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 date 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'sstandards prior to termination of this lease, and if necessary a Phase
II environmental site assessment.
28. JURRENDER 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
includq 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
LESSORjS 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.
Page 8 o 14
Lease to. 4505
Ru /as /o§
29. I EST MANAGEMENT PRACTICES: LESSEE shall implement applicable Beat
Management Practices for all activities conducted under this lease in
compliance with paragraph 18- 2.018(2)(h), Florida Administrative Code, which
have boon selected, developed, or approved by LESSOR, LESSEE or other land
managing agencies for the protection and enhancement of the leased premises.
30. OQBLIC LANDS ARTHROPOD CONTROL PLAN LESSEE shall identify and
subsegj3ently designate to the respective arthropod control district or
distripts within one year of the effective date of this lease all of the
enviropmentally sensitive and biologically highly productive lands contained
within the leased premises, in accordance with Section 388.4111, Florida
Statutps and Chapter 5E -13, Florida Administrative Code, for the purpose of
obtaiating a public lands arthropod control plan for such lands.
31. PROHIBITIONS AGAINST LIENS OR OTHER ENCDMBRANCES 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, moprtgages or construction liens against the leased premises or against any
interegat of LESSOR therein.
32. OARTIAL 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 affect 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.
Page 9 of 14
Lease No. 4505
R11/26/03
34. I $OVEREIGNTY SUBMERGED LANDS This lease does not authorise the use of
any laAds located waterward of the mean or ordinary high water line of any
lake, #iver, stream, creek, bay, estuary, or other water body or the waters or
the aii space thereabove.
35. #NTIRE UNDERSTANDING This lease sets forth the entire understanding
between the parties and shall only be amended with the prior written approval,
of LESSOR.
36. 4AINTENANCE 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 promisee 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 Nanagement Plan and maintaining any
i
and a14 existing roads, canals, ditches, culverts, risers and the like in as
good cdndition as the same may be on the effective date of this lease,
reason4ble 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 "RNI G LAN: This lease shall be governed by and interpreted
according to the laws of the State of Florida.
38. IGNS: 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 LESSEE for any project on
i
the leased premises LESSEE shall erect signs identifying the leased premises
as a federally assisted project.
39. 1ECTION CAPTIONS Articles, subsections and other captions contained in
this lease are for reference purposes only and are in no way intended to
descrilte, interpret, define or limit the scope, extent or intent of this lease
or anyiprovisions thereof.
40. MiNx sTRATIVE FEE LESSEE shall pay LESSOR an annual administrative
i
fee of $300. The initial annual administrative fee shall be payable within
Page 16 of 14
Lease No. 4505
Ru /a6 /0i
thirty'days from the date of execution of this lease agreement and shall be
prorated based on the number of months or fraction thereof remaining in the
fiscal year of execution. For purposes of this lease agreement, the fiscal
year shall be the period extending from July 1 to June 30. Each annual
payment thereafter shall be due and payable on July 1 of each subsequent year.
Page 1* of 14
Lease *o. 4505
xii /26103
�N WITNESS WHEREOF, the parties have caused this lease to be
exeeut4d on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: �. (SEAL)
Witn --- -- - , � - - � GLORIA C. NELSON, OPERATIONS
_ ���i [' / 1/V AND MANAGEMENT CONSULTANT
Print /, a Witness N MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
w OF STATE LANDS, DEPARTMENT OF
W D C4 e , / ENVIRONMENTAL PROTECTION
N
Print/ a itness ame a ^LESSOR"
I
STATE �F FLORIDA
COUNTY':OF LEON
the foregoing instrument was acknowledged before me this cart day of
_ 1 , sr "' � 204 by Gloria C. Nelson, as Operations and Management
Consultant Mbnager, Bureau of Public Land Administration, Division of State
Lands,IDepartment of Environmental Protection, as agent for and on behalf of
the Bo {{ r, who is d of Trustees of tha
Floriddernal Improvement Trust Fund of the State of
erson to me or who has produced as
identification.
— a - ll kao �
Nolary Public, State of Florida
__..__ ...._._........_— ..._.... —..... _..__ .........
—
Print /Type Notary Name
Commission Number:
J
eresa
Commission 82cpfreas mt�doaxD$Dp��
X0A&d Ibm
m"C "owns Co.. Inc.
Approved a to F a
Sy, DEP ttorney
Page 1� of 14
Lease #o. 4505
R11/26/0
VILLA68 0/ Ti���_T / • '
mun }eipal carpofa
�OF
PO
Nitnas � Y f.3 �'�•,� �.
_ Rnn,�.. E . ��c, ea �..•
P pt�� ame print /Type Name ='•
SEAL
Ni s Q ISO Tie1., pit --m, NCORPOUTED.
print /Typo Name i��`.NF4 1$ @.�•,Q�C`�
"Le88tB^ s /� F , OQ;
STATS O! PLORIDA
COONTy OT MARTIN
he regai9%q st at wal �a�ck�nowledged bsforSa, .m• this H7 day of
20 fi+ M a• �T(�u s-✓ �—
'Phey a per giu3Ty knoxa to or wh ha a produce— _ as
identiL a A /J_
j r t1- �.v� y LC� T C�
- t"1 K �t - a ., /, ids
Type Notary Name
Comaission Numbers
Cosmission tspiress
T GAw� E Cs�tUs
C - slsam OM41331
Page 13 of 14
Lease Mai. 4505
R11/s5/03'
EXHIBIT "A"
LEGAL DESCRIPTION OF LEASED PREMISES
Beginning a point on Range Line 43 East marking'the West
boundary line of 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 .
Palm Beach Counties; this'as a point of beginning- thence,
Fast along a line paralleling the dounty'Road•cenierline as
aforesaid, a distance of 848.25 feet; thence, North along
a line parallel to the aforesaid.Rangs Line, a distance of
1320 feet;, thence West along a line.parallel to the aforede-
scribed Weet -to -East line, a distance of 848.25 feet to
the aforesaid Range Line. All of the aforedescribed'parcel
being located in Section 19; thence, continuing West, a dts-
tance of 826 feet more or less to the Easterly right -of -way
line of old Dixie Highway, lying Bast of and running parallel
to the Florida.Eastcoast Railway; thence, L Southeasterly along
the Easterly right -of -way line of old Dixie Highway to a point
where said right- of- way.li.ns intersects a Westerly extension
of the first described imaginary line parallel to the County
Road; thence, East along said.extended line a distance of 191.75
feet more;or less, to-the point'of beginning., All of the last
described parcel - being located in Section 24, Township 40
South, Range 42 Exit, Martin County,,Florida.
All of the above Containing approximately 41.1 acres.
t
Page 14 of li
Lease Not 4505
811/26/03