HomeMy WebLinkAboutAgreement_General_09/09/2010 ROS1
RELEASE OF SUBLEASE
ON
LEASE NO. 3628
STATE OF FLORIDA
COUNTY OF MARTIN
SUBLEASE NO. 3628 -001
The undersigned on the I S day of 4 . 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 unicipal
corporation, as SUBLESSEE, effective the day of
r ,
2010. OF`'
s�q� LAGE OF TEQUESTA, FLORIDA
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O p oR4Tt D A L� I Q L�)ac "'n S (SEAL)
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Rzint ✓S � Vtingss Name '�'''�U,FL10"`�.•� Print /Type Name
� Title: ► IiJQY
Witness
4-f-4AIAM A44yG "SUBLESSEE"
Print /Type Witness Name
STATE OF FLORIDA
COUNTY OF MARTEN P(-4Ln, $ �f ,r-14
T�he y foregoing ins � at was acknowledged am- before ma this � day of
2010, b we (� as �j•� who
is /are pers onally kno wn to me or who has produced as
identificat'
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Cc ms McW 79879 C .` �:(.� ig�
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� 18, 2012 N ary Public, State of Florida
RYFain Infa "5"S-7018
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 #t day of Amit-ts+ 2010.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
17 4 DIVISION OF RECREATION AND PARKS
` By: (SEAL)
kii es Albert G. Grego W ief
/ � 3� �1 Office of Park ng
Print /Type Witnes Name
(Z" A—
W
�I l_ g_ -- S c t c� "SUBLESSOR"
Print /Type Witness Name
STATE OF FLORIDA
COUNTY OF LEON
T e 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 Recreation and Parks, State of Florida
Department of Environmental Protectio a personally k wn to me.
NOTARY PUBLIC-STATE OFFLORIDA Public, St to o
Paula Knight
Commission #DD957934
Expires: FEB. 03, 2014
BONDEDTHRCA TLAN11Ci3oNT"gGCo., jint/Typ /Type Notary e
Commission Number: DD g57g34
Commission Expires: FtbnAa „ 3 � z
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.
0 (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 15 -6A day
of SC:�i �,rr�,xc�i� , 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.
L. FF `fr
Y� r
�� MISSION'• ;� °y Notary Public, State of Florida
#DD 763203 Q- Print /Type Notary Name
o�
�9 r�ndadmN •pQv
Commission Number:
Commission Expires:
Appro d as to Form ality Legality 4 - By:
fiig Att rney
Page 3 of 8 Pages
Release of Sublease Number 3628 -001
Jor.o�1 I�p IJ! <_.1C i
• 93
SUY..I,T'A"
THIS INDENTURE,, made on this !;� _ Clay of
.1973 by and between the STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES, DIVISION OF RECREATION AND PARKS, hereinafter called
"Sublessor ", and the VILLAGE OF TEQUESTA, FLORIDA, a. municipal
corporation, hereinafter called " Sublessee"'; ;
W*I TNESS E T H:
WIiEREAS, 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
• j•7HEREAS, the Sublessee is desirous of managing .the. said
'property oli a continuing basis as a municipal park and is" ih a
positioii to do so effectively; and
WHEREAS, the Sublessor is, cognizant of the public outdoor
recreational opportunities which will be afforded by such an
arrangement;'
NOW, THEREFORE, it is mutually agreed that for and in
consideration of the covenants hereinafter contained,Ahe parties
hereto agree as follows: "
1. The Sublessor does hereby lease to the Sublessee,
subject".to all.`the terms and conditions of the Lease Agreement .of.
January 23, :1g6�, entered into between the State of Florida Board
of Trusteed of the Internal Tniprovement Trust Fund, as Lessor, and
the State of FlorJ.da Department of Natural Resources, as Lessee,
for .the use and benefit of the Division of - Recreation and P=erks,
.tiicise certain, lands J.;Jing, being and situated in Martin County, -
Mori.da, descr:il"Od in Exhi.l "A" attached hercto.
2. The Subles ce shall have and hold j-he described ].and
for ci 'I�erJ od of i' ±.1'tv (!;0) years from the data horeof, for Outdoor.
x.:r.rr:.i.l::ican tula X1.:11.::.1 rill }�;lz :: com.! citl) ,
►? l :LE. !'�:i.t.h . the :?ix:rzt10n of.
t}'!':'• all i
1
_ ,l.rh . . •F
Exhibit "A"
Page 4 of 8 Pages
- Release of Sublease No. 3628 -001
3.. T
he Sublessee covenants rend agrees to comply with x11.9
the term . aitd conclita.ons oi' that ccri:ai.n Lease r>.l)ove mentioned of
January 23, 1 968, between the State of Florida, Bo of Trustees
of the Internal Improvement Trust Fund, as Lessor; and the State
of Florida Department,, of Natural ,Resources, as Lessee.
1 [ - . The Sublessee shall have the right . to enter upon the.
subleased lands for a•11 purposes necessary to the full enjoyment
of the rights'herein.conveyed.
5, The Sublessee slialZ, through it 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 23, .1968, or with this Sublease Agreement.
6. The Sublessor or ' duly authorized agents shall have
the right at any.reasonable time to inspect the subleased lands
and the works and operations thereon of the Sublessee in any matter
pertaining to'this agreement. Should the Sublessee fa i•1 to keep
and perform of its covenants, the Sublessor shall give ninety
(90) days. written notice requiring the satisfactory correction of
that failure.- 'Any 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 harinless 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 Subles ,ee i4ithout 'the prior approval H of the Sublessor.
Further, the Sublessee shall be responsible for the protection -and
ma.i.ntenance 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. Sublessor.
i°
9.. All. bttildinr;s, structures, and improvements shall be-
constructed in accordanco with pRi,ns proparod by professional
cic: ►a.� Herr. and , d ),01. reciu:! rc: the a�lvnt►cc� trr :i.i:i:c�►t t►pl�rc�t n.l. of the
Strh] car .:ter w to l'ot ?► 1 nr; ► 1, i cnt , r.rrcl cl�'r. i ;�►i . /1 r. ?,rov 1 : lrc:!.l nci: be
,►.rl�i.i.r:6 c.r.►rr�, t;:i Lhlr : .1.
Exhibit "A"
Page 5 of 8 Pages
Release of Sublease No. 3628 -001 -
1.0. All. costs of 1 and operations on the 'sult
leased ar ea shall be the Sublesseels complete responsibility.
3.1.. The buildings and 'structures provJ.ded 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 right-of removing such buildings and structures from the ,
property; otherwise, they shall:. become the property of the Sublessor.
12. The Sublessee shall at - all times keep the entire sib--
.
leased °clean and properly maintained.
13.. . The Sublessee malce the subleased lands available
to.the general public and shall construct and insta7.1 at a prominent
.location near:the public entrance to the subleased lands an adequate
sign identifying the area as b 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
o e
. p n ' 1,o the g eneral public
jj
t
14. This Sublease and any rights and privileges conferred
herein'-shall not, be assigned or transferred by the Sublessee with-
out the written consen
• t of the Sublessor.
15.' Should the Sublessee abandon or fail to use the pro -
perty herein described fora period of one (1) year, the Sublease
shall become null and void upon written notice by the Sublessor
to the Sublessee.
This Sublease.shall be terminable upon ninety (
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, lalorida, have
caused there.presents to be signed by their duly authorized officers,
and their official seals have.been hereunto' affixed this . -•t ti,
day of �1r 1973, at Tallahassee, Florida. +
STA`J.'t?. OP FLORIDA
C : DEPAWP LENT OF NATURAL ' RESOUIRCF•S
A.. ;� �.• {�t,:r• .. ;�i, c {� .. 1'�i. � i` �I.ci.- - - --
Exhibit "A"
Page 6 of 8 Pages
Release of Sublease No. 3628 -001
WJ`1'HEM : TILLAGE, OF TEQUESTA, PLORTDA
(B Ass to 'Village of Tegiie6ta
Florida
Exhibit "A"
.� Page 7 of 8 Pages
- — Release of Sublease No. 3628 -001
• i
1 X111 :is:CT " A" .
Beginning at a point on Ran Line 11� East marlc:i.ng the l•lest
brdimcla.ry Line of "iect:ion 3.9, Township 1 10 South, Ranr;e 1 13
Ilia. P•fa.rt.i.n county, 1 - lda, 1where said line intersects an
imaginary line 1- )0 feat North of and parallel to the. centerline
of the County Road marking the_.boundary 3.i.ne of Martin and.
Palm Beach Counties, this as a po:i.nl: of begins i_ng;; *thence,
East along a lirie paralleling the: - County Road centerline as
aforesaid. a distance of .8 feet; thence, North along
a line parallel to the aforesaid Range Line, .a di.stan.ce of
1320 feet.; thence West alon- aline parallel to the aforede-
scribed 1'fest -to-Lust line, a distance off' 8 . feet to
the aforesaid Ran e Line 1111 of the aforede:9criUed 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 old. Dixie llighjgay, lying East of and re g P nnin arallel.
to* the Florida Eastcoast• Ra.i.lviay; thence, Southeasterly along
the -Easterly right -of- way 3_ine of old Dixie Highway to • a point
where said right -of -Fray line intersects a Westerly extension
of the first; described imaginary line parallel. to the County
Road;. therice;� East along said extended line a distance of. 191.75 .•
feet more or I less, to the point of beginning. All of the last .
described 'parcel being located in Section 24, Township 1 10
South; 13ange. East,;Martin County, Florida.
j
All of the above containing approximately 1 11.1 acres.
i
i
ti ,i}• , Exhibit "A"
Page 8 of 8 Pages
Release of Sublease No. 3628 -001