HomeMy WebLinkAboutDocumentation_Regular_Tab 18B_07/14/2005 i
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TEQUESTA UTILITIES
�' 4 MEMORANDUM
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� TO: MICHAEL R. COUZZO, VILLAGE MANAGER �
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER ��
SUBJECT: FRONT END LOADER PURCHASE
DATE: JULY 6, 2005
As you are aware, we have been discussing the purchase of a Front End Loader over the
past few years. With the occurrences of last years Hurricanes, I believe that we should
move ahead with this purchase,
This purchase will allow the Village to respond with more equipment and give us an
advantage when larger equipment is required. This piece of equipment will also be an
asset to the entire Municipality. We will be able to assist other Departments as necessary,
when renting equipment is the only option: In the past we have had to rent this type of
equipment, at an average cost of $1600.00 per week, or approximately $10,000.00 per
year. �
If we purchase this Loader it will be used for Water main and Stormwater pipe repairs.
We can utilize it for maintenance of the access roads to our well fields, and for moving
stored materials such as road rock to problem areas throughout the Village.
After talking with the representative from Nortrax, he said after last yeaxs storms that a
lot of Municipalities have been purchasing these Loader's with a bucket that also closes
like a clam shell allowing for easy debris pickup, with that in mind, this machine will
come equipped with that type of bucket. �
Total cost for this purchase is $97,579.93 from the Florida Sheriff's Association / Florida
Association of Counties Contract # 04-12-083.
Please feel free to contact me should you require additional information.
� RLSOLUTION NO. 83-04/05
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VIL�AGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AWAR�ING A PROP4SAL TO NORTRAX, INC.
OF MIAMI, FLQRIDA FOR THE AMOUNT OF $9?,579.93
FOR THE PURCHASE OF A JOHN DEERE 544J FRONT
END LOADER, WITH FUNDING COMING FROM THE
STORMWATER #403-250 664.600 AND WATER FUND
401-411 664.600 AND AUTH�RIZING THE VILLAGE
MANAGER TO EXECUTE THE APPLICABLE PROPOSAL QN
BEHALF QF THE VILLAGE.
N�T, TgggEFpRE, BL IT RESOLV�:D BY THE VILLAGE
COUNCIL OF THE VTLLA�GL OF TEQUE3TA, PALM SEACH
COUN'TY, FLORIDA, AS FOLLOWS:
Section 1. Consideration to award a proposal to
Nor�rax Inc., of Miami, Florida, in the amount of
$97,579.93 for a John Deere 544J Front End Loader,
with funding cominq from the Stormwater Machiriery
& Equipment Account #403-25Q 664.600, and the
Water Fund account #401-411 &64.b00 attached
hereto as Exhibit "A" and incorporated by
reference as a part of this Resalution is hereby
approved and the Vi.11age Manager of the Village of
Tequesta is authorized to execute the same on
behalf of the Village.
THE FOREGOING RESOLIITION �IAS OFFLRED bY
Cauncilmember , who mov�d its
adoption. The motion was seconded� by
Councilmember , and upon being
put to a vote, the vote was as follows:
� _ _ _ _ _ __
FOR ADOPTION AGAINST ADO PTION
The Mayar thereupon declared the Resolution duly
passed and adopted this 14th day of July, A.D,
�
2005.
N�AYOR OF TEQUESTA
Jim Humpage
ATTEST:
Gwen Carlisle
Village Clerk
1
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June 30, 2005
. Ta: V�Ilage of Tequesta
Jo6n Deere 544d Front End Lo�der
Ftorida Sheriffs Assocfation/�lorida Assaciation of Coant�es
Contract Number 04-12-083
Nortrax Equipment Co.is pleased to quote you the following equipment:
One NEW 2004 John Deere 544J Front End Lo$der,134 Net H,P.
Includes all standard equipment and f�atures per contract specifications:
• Front Axle Differential Lock
• 3.0 Yard Loader Bucket, Z-Bar Linkage, Standazd Hydraulics
• ROPS. Canopy
• Work Lights, Standard Batteries�
• Standard Drawbar
• 20.5 X 25 12PR L2 SGG LD Biased Tires .
• One Set of ()perator's and Parts Manuals
• Standard Warranty 6 Months Full Machine
Base Bid Contract Price: $ 82,069.00
Stated Options From Contract:
$422 Enclosed cab with Air Conditioning 6,4b0.00
9284 Auxillary Bottom Gaurds . 903.Q0
4270 Transmission Side Guards 328.00
Non-Ststed Opteons:
2500 Ride Control 3,006.00
8725 Deduct 3.0 Yard Bucket (5,329.00)
275MP Multi Purpose Bucket 13.965.U0
Total of Non-Stated Option $11,b42.00
Less 37% Contract Discount: 4 307.54
Total Non Stated Options 7.334.46
Totaf Price with Options 97,094.46
Florida SheriffAssociation Fee 0.5% 485.47
Totai Price, FOB Village of Tequesta 597,579.93
Pat McGurk
4343 NW 76thAvenue
Mtami, Flor[da 33166
Ceil Phone: 3Q5-481-6592 Fax:305�513-�4353
BOARD OF TRVSTEES OF THE INTfiRNAL
IMPROVEMENT TRVST FIIND OF THE
STATB OF FLORIDA
LfiASE AGREEMENT
Leasa No. 4505
THIS LFsASE AGREEMENT, made and entered into this day of
20,, by and between the SOARD OF TRVST�ES OF TH8 INTERNAL
IMPROVEMENT TROST FUND OF THE STATE OF FLOR2DA heseinafter referred to as
"L�SSOR," and tha VILLAGP OF TEQVESTA, a municipal corporatioa, hereinatter
referred to as "LESSEE."
LESSOR, for and in consideration of mutual covananta aad agreements
herainafter containad, doea hereby leasa to said LE33E8, tha lsnds debcribnd
in garagraph 2 balow, together with the improvemeata thereon, and sub�ect to
the following terms and conditiona:
1. D$LEGATIONS OF AIITHORITY: LESSOR'S reaponaibilitiea and obl3gaCions
herein shall be exerciaed by the Division of State Landa, Department of
Environmental Protection.
2. DESCRSPTION OF PREMISES: The property aubject to this lea8e coataina
67.9 acres, is situated in the County of Martin, State of Blorida and is more
particularly deacribed in Exhibit '�A�� attached hereto and hereinafter called
the "leased pramises":
3. TERM: The term of thia lease shall be for a period o£ 50 yeara
commencing on and ending on
unless soonar terminated purauant to the proviaions of this lease.
4. PURPOSE: LESSES shall manage the leased premisea only for tha
conservation and protaction of natural and hiatorical reaourcea and for
reaource based publ3c outdoor activities and education whieh are compatible
with the conservation and proCection of thase public landa, as set forth in
aubsection 259.032(il), Florida Statutes, along with other related uses
necessary for Che accomplishment o£ this purposa as deaignated in the
Manaqement Plan required by paragraph 8 of this lease.
5. QVIST ENJOYMENT AND RiGHT OF VSE: L&SSEE shall have the right of
ingreea and egreea bo, from aad upon tha lesaed prnmiaea for all purpoeea
neceasary to the full quiet enjoymeat by said LESSSE o! tha righta conveyed
herein.
6. L7NAOTxORIZED USS: LBSSSE ahall, through ita agenta and employaee,
prevent the unauthorized use of the leased premises or any usa thereof not in
conformity with thia leaae.
7. ASSIGNMENTa This lease ahall not ba asaigned in whole or in gart
without the prior written consent of LESSOR, which conaent shell not be
unreaaonably withheld. Any assigsunent made eithar in whole or in part without
the prior written consent of LESSOR ahall be void and without legal effect.
8. MANAGEMfiNT PLAN: LESSEE shall prepare and submit a Maaagement Plaa for
the leased premisea in accordance with Section 253.034, Florida Statutea and
subsaction 18-2.021(4), Florida Administrat3ve Code. The Management Plan
shall be submitted Co LESSOR for approval through tha Division of State Leade,
Department oE Environmantal Protection. Tha leased premiaes ahall not be
developed or physically nitered in any way other_than what is aeceseary for
aecurity and mainteaance oE tha leased premisea without the prior writtnn
approval of LSSSOR until tha Management Plan is approved. L&SSEB ahall
provide LESSOR with an opportunity to participate ia all phases of preparing
and developing tha Management Plan for the leased premises. Tha Managnment
Plan ahall be submitted ta LESSOR in draft form for review and commenta within
ten moatha oE the effective date of thia leaee. LESSEE ahall give LESSOR
reasonable notice of the application for and raceipt of any etate, federal or
local permits as well as any public hearings or meetings ralaCing to the
development or use of the leased premisas. LESSEE shall not proceed with
development of said leased premisea including, but not limited to, funding,
permit applicationa, design or building contracts until the Managament Plan
required herein has been submitted and approved. Any financfal commitmenta
made by LESSEB which ara not in compliance with the terma of this lease ahall
be done at LESSEE�S own riak. The Managemant Plan shall emphasize the
original management concept as approved by LESSOR at the tima of acquiaition
which established the primary public purpose for which the leaeed premisee
were acquired. The apgrovad Management Plan ahall provide the basic guidaace
for all management activitiea and ahall be reviewed jaintly by L8338E and
LESSOR. LSSSSB ahall not uae or alter the leased premieea except as provided
for in the approved Management Plan without the prior writtea approval oP
Page 2 of 14
Leaee No. 4505
�R11/26/03
L&SSOR. The Management Plan prepared under thia lease ahall ideatify
managemant strategiea for exotic species, iE psaseat. The iatroduction of
exotic speciea is prohibited, except when specifically authoriaed by the
approved Management Plan.
9. EASEMLNT3: All easements including, but not limited to, utility
easementa are expressly prohibited without the prior written approval o£
LESSOR. Any easement not approved in writiag by LESSOR shall be void aad
without legal effect.
10. SUBLEASES: This lease is for the purgoaea specified herein and
subleasea of any nature are prohibited without the.prior written agprovsl of
LESSOR, which approval ahall not be unreasonably withheld. Any aublease not
approved in writing by LESSOR ahall be void and without legal effect.
11. RIGAT OF INSP�CTION: LESSOR or its duly authorized agents,
represeatatives or employees shall have the right to reasonably inspect the
leased premises and the worka and operations of LESSEE in any matter
pertaining to this lease.
12. PLAC7�MSNT AND REMOVAL OF SMPROVEMENTS: All buildings, atructurea end
improvamenta shall be constructed in accordaace with glana that ara in
accordance with the apptoved Management Plan or shall require the prior
written approval of LESSOR as to purpoae, location and design which approval
shall not be unreasonahly withheld. Further, no treea, othar than non-nAtive
species, ahall be removed or major land alterations done without the prior
written approval oE LBSSOR. Removable equipment and removable improvemanta
placed on the leased premiaes by LESSEB which do not become a permanant part
of the leasad premisea will remain the property of LESSEE and may be removed
by LESSEB before or upon tarmination of this lease.
13. INSURANCE REQIIIREMENT3: During the term of this lease LS3368 ahall
procure and maintain policies of fire, extended risk, and liability ineursnce
coverage. The extended risk and fire insurance coverage shall ba in aa amount
equal to the full ineurabla replacement value of any improvements or fixtures
located on the leased premiaes. The liability insurance covarage ehall be ia
amounta not lese than $100,000 per paraon aad $200,000 gar incideat or
occurranca for peraonal injury, death, end property damage on the lnesed
Page 3 oE 14
Lesae No. 4505
R11/26/03
premiaea. Such policiea of inaurence shall aame LES30A, the 5tate of Floridn
and LESS88 aa coinsure8s. LESSEE ahall submit written evidence of haviag
procured all insurance policies required herein prior to the eflectiva deta of
thia leaee and ahall submit annually thereaftar, written evidence of
maintaining such insurance to the Sureau of Public Land Adminiatration,
Division of State Landa, Degartment of 8nvironmeatal Protaction, Mail SteCioa
130, 3900 Commonwealth Houlevard, Tallahasaee, Florida 32399-3000. LSSSSE
shall purchase all policiea of inausance from a financially-responsible
insurer duly authorized to do businesa in the State of Florida. Any
certificata of self-iriaurance shall be isaued or approvad by the Chiaf
Financial Officer, State of Florida. The cartificate of aelf-iasuzance ahall
provide for casualty and liability coverage. LSSSBE shall immediately aotify
LESSOR and the insurer of any erection or removal of any building or othar
improvement on the leased pramises and any changes affacting the value oE any
improvamenta and ahall requeat the inaurer to make adequate changea in the
coveraga to reflect tha changes in value. LESSEE shall ba finaacially
resgonsible for any loss due to �ailure to obtaia adequate inaurance coverage,
and the failure to maintain auch policies or certificata in the amounta aet
forth shall conatitute a breach of this lease.
14. LIAHILITY: 8ach party is responaible for all peraonal injury and
property damage attributable to the nagligant acts or omiasioas of that party
and the officers, employaes and agents thereof. Nothing herein ahall be
conatrued as an indemnity or a waiver of sovareign immunity anjoyed by aay
party hereto, as provided in Section 768.28, Florida Statutes, as amended Erom
time to time, or any oCher law providing limitations on claima.
15. PAYMENT OF TAXES AND A35ESSMENTS: LES88E shall aseume Eull
reaponsibility for and shall pay all taxes, aseesaments, liena or other
similar liabilitiea that accrue to the leased premiaea or to the improvemants
thereon aris3ng after Chia lease commences including any and all ad valoreat
taxes and drainage and specisl assesamenta or personal property taxea of every
kind and all conatruction or materialman's liena which mey be hereafter
lawfully asseased and levied againet the leaead premiaes eubeequaat to the
Page 4 0£ 14
Leaee No. 4505
R11/26/03 -
effectiva date of this lease. In no event shall the LSSSEB be held liable for
auch liabilitiea which arose prior to tha affective date oE thia lease.
16. NO WAiVER OF HREACH: The failure of LBSSOR to inaist in aay oae or more
instaaces upon strict parformance of any one or more of the covenaats, Cerme
and conditiona of thia leaee ahall not ba conatruad as a waiver of auch
covenants, terms or conditiona, but the same shall continue in full Eorce and
ef£ect, and no waiver of LESSOR of any oE the provisions heraof shall ia aay
event ba deemad to have been made unless the waiver is aet forth in writing,
signed by LESSOR.
17. TIMEs Tima is expressly declared to be of the easence of thie lease.
18. NON-DISCRIMINATION: LE3SEE shall not diacriminate agairist any
individual because of that individual's raae, color, religion, aex, national
ozigin, age, handicap, or marital status with reapect to any activity
occurring within the leased premiaes or upon lands adjacent to and uaed as an
adjunct of the leased premisea.
19. t7TILITY FBES: LESSEB shall be reapoasible for the payment of all
chargea for tha furniahing of gas, electricity, watar and other publia
utilities to the leasad premisas and for having the utilities turned off when -
the leased pramises are surrendered.
20. MINERAL RI�AT3: This lease does not cover petroleum or petrolaum
producta or minerals and does not give the right to LESSEE to 8ri11 for or
develop tha same.
21. RIGHT OF AUDIT: LESSEE shall maka available to LESSOR all finaacial and
other records relating bo thia lease, aad LESSOR ahall have the rigHt to audit
such racords at any reasonable time durinq the term of thia leaee. This right
shall be continuous until this lease expirea or is terminated. Thie lease may
be terminated by LESSOR should LESSEE fail to allow public acceae to all
documenta, papers, lettera or other matariala made or raceived in coajunetion
with this leaae, pursuant to Che provisiona of Chapter 119, Florida Statutea.
22. CONDITION OF PRBMISES: LESSOR aseumas no liability or obligeCioa to
LSSSSL mith-refarenca to tha conditions of the leasad premisae. The lsaeed
premisea herein are leased by LESSOR to LBSSBE in aa "as is" coadition, Mith
Page 5 of 14
Leaee No. 4505
R11/Y6/03 .
LESSOR asauming no responsibility for the cars, repair, maintenaace or
improvement oE the lenaed premisea for the benefit of LE338E.
23. COMPL2ANC8 WITH LAWS: LESSES agreee that thie lease ie Contingent upoa
and subject to LESSEE obtaining all applicable permita and comglying with all
applicable permita, regulations, ordinancea, rulea, nnd lawa o! the State of
Florida or the IInfted 9tatea or of any political aubdivision or agency o!
either.
24. NoTiCE: All noticea givea uader thia leAae ahall be in writing and
shall be served by certifiad mail includiag, but not limited to, notice of any
violation aerved pureuant to Saction 253.U4, Florida Statutea, to the last
addresa of the parCy to whom notica ie to be given, ae dasignated by auch
party iri writing. LE3SOR and LESS&8 hereby deaignate their addraes as
followas
LESSORa Dapartment of 8nviromnantal Protection
Division of State Landa
Suresu of Public Land Administratioa, M. 3. 130
3400 Coaunonwealth Soulevard,
Tallahassee, Florida 32399-3000
LESSEEe Village of Taquesta
Post Office 8ox 3273
TequeaCa, fl 33469
25. BREACA OF COVENANTS, TERMS, OR CONDTTION3s Should LESS&E breach eay of
the covenants, terms, or conditions of this lease, LSSSOR ahall give written
notice to LESSEE to remedy such breach within sixty daya of auch notica. In
the event LBSSEE fails to remady the breach to the satisfaction o! L8SSOR
within sixty days of receipt of written notice, LESSOR may nither terminste
thia lease and recover from LESSEE all damages LSSSOR may incur by reason ot
the breach including, but not limited to, tha coat of recovering the leased
premisea and attorneys� fees or maintain Chis lease in full force and affect
and exercise all rights and remadiea herein conferred upon LESSOR.
26. DAMAGE TO THS PREb2iSES: (a) LESSEE ahall Aot do, or suffer to ba done,
in, on os upon the leased premiaes or as affecting said leased premiaea or
adjacant propertiea, any aat which may result in damage or deprecistion of
value to the leaeed premiaea or adjacent properCies, or any part thereoE. (b)
LBSSEE shall not generate, etore, produce, place, treat, raleaee or discharge
Psge 6 of 14
Lease No. 4505
aii/as/o3
any contaminanta, pollutanta, or pollution, including, but not limited to,
hazardoua or toxic substancea, chemicala or othar agents on, iato, or from the
leaaed prcmiaes or any adjacent lands or waters in any manner not permittad by
law. For the purpoeea of this lease, �hasardous aubetancee" ahall mean and
include thosa elements or compounda dafined in 42 USC Saction 9601 or which
are contained in the liat of hazardous subatancea adopted by the IIaited Statea
Environmental Protection Agency (EPA) aad tha liet of toxic pollutante
deaignated by the IInitad States Congresa or tha EPA or defined by any other
federal, atate or local statute, law, ordinanca, code, rule, regulation, order
or dacree ragulating, releCing to, or imposing liability or atandarda of
conduct concarning eny hazardous, toxic or dangarous waste, subatance,
material, pollutant or contaminant. "P011utanta" and "pollutton" ahall mean
those products or substances defined in Chaptera 376 and 403, Florida
Statutes, and the rules promulgated therauadar, all as amanded or updated from
time to time. In tha event of LE9SEE�a failure to comply with this paragraph,
LESSEE ahall, at its aole cost and expense, promptly coaanence and diligently
puraue any legally requirad cloaure, inveatigaCion, assaesment, cleanug,
decontamination, remediation, reatoration and monitoring of (1) the leaeed
premisae, and (2) all off-site ground and surface waters and lan8s a£fectad by
LESSEE's such failure to comply, as may be nacessary to bring the �eased
premiaes and affected off-sita waters and lands into full compliance with all
applicable federal,.stata or local atatutas, lawa, ordinancea, codea, rulea,
regulations, orders and decreas, and to restore the damaged property to the
condition exieting inanediately prior to the occurrence which cauaed the
damage. LES3SE'S obligations set forth in this paragraph ahall survive the
termination or expiration o£ thia lease. This paragraph ahall aot ba
construed as a limitation upon LESSEE'3 obligations as set forth in paragraph
14 of this lease, nor upon any other obligations or responsibilitiea of LESS�B
as aet forth herein. Nothing herein ahall relieve LESSEE of any
rasponsibility or liability prescribed by law for finea, panaltias and damsgea
levied by govarnmental aganciea, and the cost of cleaning up any coatamination
caused diractly or indirectly by LESSEE�S activities or facilitiea. IIpon
discovery of a releasn of a hazardoua subatance or pollutant, or any othar
Paga 7 of 14
Leasa No. 45�5
R11/26/03
violation of local, atete or federal law, ordinance, code, rule, regulation,
order or dacrae ralating to tha generation, etoraga, production, placnment,
treatmexit, releaes or discharge of any contaminaat, LESSES ahall regort such
violation to all applicable governmental agenciea having �uriadiction, aad to
LSSSOR, all withia the reporting periode of the applicable goverameatal
agencies. This paragraph ahall not be deemed to apply Co any conditiona
exi8ting prior to the affective data of Chia lease.
27. ENt►IRONMSNTAL AIIDIT: At LESSOR'S diacretion, LESSSS ahall provide
LEBSOR with a current Phase I environmental site asaessment conductad in
accordance with the Department of Snvironmental Protaction, Division of Stata
Land's standarda prior to termination of thia lease, and if neaessary s Phaee
II environmental sita asaesament.
28. SLTRRENDSR Off PREMI3E8: LTpon termination or expiration of thia lense,
LESSEE shall aurrender tha leased premiaea to LESSOR. Ia the nvent no furthnr
use of the leased premises or any gart theraof is neaded, LSSSE$ ahall give
writtan notification to the Buresu of Public Land Admiaiatration, Division of
3tate Landa, Depnrtment of Environmental Frotection, Mail Station 130, 3900
Commonwealth Soulevard, Tallahaasee, Florida 32399-3000, at leaet aix months
prior to the release of any or all of the leased gremises. NotiEication ahall
includa a legal deacription, thia lease number, and an explaaation of the
release. The ralease shall only ba valid if approved by LESSOR through the
execution of a ralease of leasa instrument with tha eame formality as this
lease. Upon ralease oE all or any part o£ the leased premisas or upon
termination or expiration of this lease, all permanent/capital improvementa,
including both physical structurea and modifications to the leaeed premiaea,
shall bacome the property of LESSOR, unlesa LESSOR givea written notice to
LESSEE to remove aay or all such improvementa at tha expanae of L88SSE. Thn
deciaibn to retain any improvementa upon termination of thia leaee shall ba at
LESSOR�S sole discretion. Prior to surrender of all oz eny part of tha leased
pramises a repreaenCative of the Diviaion of State Lenda, Department of
�nvironmentai Protection, ahall perform an on-eita inspectioa and the ksye to
. any building on tha leaeed premiaea ahell be turned over to tha Divisioa.
Page 8 oE 14
Leaee No. 4505
R11/26/03
29. BBST MANAGBMENT PRACTICES: LESSEE ahall implement applicabla BasC
Management Praetices Eor all activitiea conducted under this lease in
compliance with pAragraph 18-2.018(2)(h), Florida Adminiatrative Code, which
hava bean salected, devaloped, or approved by LBSSOR, LSS88s or other land
managing agancies for the protection and enhancement of the leased premisas.
30. PIIHLIC LANDS ARTHROPOD CONTROL PLANs L8S3EE shall idantiEy an8
aubsequently deaignata to tha reapective arthropod control diatrict or
districts within one year of the effective date of thia lease sll o! the
envirosuaentally aenaitive and biologically highly productive lands contaiaed
within the leaeed premiaes, in accordance with Section 388.4111, Florida
Statutea and Chapter 5�-13, Florida Administrative Code, for the purpose of
obtaining a public lands erthropod control plen Eor auch landa.
31. PROHIBITION3 AGAIN3T LIENS OR OTHER ENCUMHRANCESs Fee title t0 thn
leased premiaes is held by LESSOR. LESSEE ehall not do or permit anything to
be done which gurgorta to creata a lien or nncumbrance o£ any nature agsinat
tha real property contained in the leased premiaea including, but not limited
to, mortgagea or construcCion lians againat the leasad premisea or againet any
intarast of LESSOR therein.
32. PARTiAL iNVALIIIiTY: If any term, covenant, condition or proviaion of
thia lease shall be zuled by a court of competent juriadiction to be fnvalid,
void, or unenforceable, the remaindar of the proviaiona shall remain in Eull
force and effect and shall in no way be a£fected, impaired or invalidatad. .
33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution oE thia leese in no way
af£ecta any of the partiea' obligationa pursuant to Chapter 267, Florida
Statutea. The collection of artifacts or tha disturbance of archaeological
and hiatoric aites on etate-owned lande ia prohibited unless prior
suthorization has been obtainad from tha Department of State, Divieion of
Hiatiorical Resources. The Management Plan prepared pursuant to Chapter 18-2
Florida Administrative Code, ahall be raviewed by the Divieion oP Hietorical
Resourcea Co inaura that adequate meaeurea have been plaaned to locata,
identify, protect aad preserva the archseological aad hiatoric aitea and
pzoperties on the leased premiaea.
Page 9 oP 14
Lease No. 4505
Ril/26/03 �
34. SOVEREIGNTY SVSMBRG&D LANDS This lease does not authorise the uan o!
aay lsnds locatad waterward of tha mean or ordinary high wates lina of eny
lake, river, atream, creek, bay, eatuary, or other weter body or the wetere or
the air apace thereabove.
35. ENTSRE VNDBRSTANDSNGs This lease aets Eorth the entire uadaratanding
between the partiea and ahall only be amended with the prior writtea approval
of LESSOR.
36. MAINTENANCE OF I1dPROVEMENT3: LESSEE ahall meintain the real propnrty
contained within the leased pzemises and the improvementa locAted thereoa, ia
a atate of qood condition, working ordar and repair including, but not limited
to, keaping tha leasad premfaes frae af trash or litter, maeting all buildiag
and asfety codea for the location situatad, maintaining tha plannnd
improvements ae set forth in the approved Management Plan and maintaiaing aay
and all existing roads, cana].s, ditchea, culverts, risera and the lika in as
good condition as the same may be on tha effective date of this lease,
reasonable wear and tear excaptedt provided, howevar, that any removal,
cloaura, etc, of the above imgrovements ahall be acceptable when the propoaed
activity is consiatent with tha goals of conservation, protectioa,
enhancement, or safaty of the natural and historical resourcea within the
leased pramises and with the approved Management Plan.
37 GOVERNING LAW: This leaee ahall be governed by and interpreted
according to the laws of tha State of Florida.
38. SIGNS: LESSEE ahall ensure that the area is identi£ied as being
publicly owned and oparated as a public facility in all signe, literature snd
advertising. If fedesal granta or funds are used by LESSEE for any project on
the leased premiaea LSSSEE ahall erect signa identifying the leasad premiaes
as a federally assiated projeat.
39. 3ECTION CAPTION3: Articles, subsectiona and other captiona canteinad ia
this lease are for reference purpoaes only and are in no way intended to
deacribe, interpzat, define or limit tha scope, extent or intent of this lesse
or any proviaions thereof.
40. ADMSNZSTRATSVE FSE: LESSEE shall psy LESSOR ea aanual adminiatretive
fee of $300. The initial annual adminiatrative fee shall be payable tioithia
Page 10 of 14
Leaee No. 4505
R11/26l03
thirty days Erom the date of execution of this lease agrnement and ahwll be
proratad baeed on the number of months or fraction theraof remaining in the
fiaeal year of execution. Bor purpoaea of this lease agreement, the fiscal
year ehnll be the period extending from July 1 to June 30. 8ech aaaual
paymeat thereafter ahall be due and payable on July 1 0£ sach subaequ�nt year.
Paga li of 14 �
Lease No. 4505
Ril/26/03
IN WITNESS WHEREOF, the parties have cauaed this leasa to be
executed on the day and year firat above written..
HOARD OF TRII3TEES OF THB INTERNAL
IMPROVEMENT TRIIST FQND OF TIiS
STATE OF FLORIDA
BY� (SSAL)
Witness GLORiA C. N8L30N, OP75RATION3
AND MANAGEMENT CONSVLTl►NT
Print/Type Witnesa Name MANAGER, BIIRSAII OF PTTHLIC
LAND ADMINISTRATION, DIVISION
OF STATE LANDS, DEPARTMSNT pF
Witness ENVIRONMENTAL PROTBCTION
Print/Type Witness Name •�LESSOR"
STATE OF FLORIDA
COVNTY OF LEON
The foragoing insCrument was acknowledged bafore me thia day of
20 , by C3loria C. Nelaon, as Operationa aad Managemant
Consultant Managar, eureau of Public Land Adminiatration, Diviaioa of State
LanBs, Departmeat of Environmental Protection, as agent for and on behalf of
the Board of Truateee of the Internal Improvament Trust Fund of ths State of
Florida, who is personally known to me or who hae produced Aa
identification.
Notary Public, Stata of Florida •
Print/Type Notary Nama
Commission Number: .
Commieaion Expires:
Approvad as to Form and Lagality
Sy:
DSP Attoraey
Page 12 of 14
Leasn No. 4505
Ril/26/03 - �
VILLAGE OF TBQIIESTA, a
muniaipal corporetion
By:
Witaesa
Print/Type Name Print/Type Name
Witneas Title:
Priat/Type Name
"LESSB&"
STAT$ OF FLORIDA
COVNTY OF MARTIN
The foregoing instrument was ackaowladged bafora ma this day oi
20 , by , as
Thay are personally known to me or who have produced es
identification.
Notary Public, state of Florida
Type Notasy Name
Commiaeion Number:
Commieaion 8xpirea:
Page 13 of 14
Lesee No. 4505
R11/76/03 -
SXHIgIT ••A••
LEC;AL DSSCRIPTION OF LBASBD PREMISS3
_. ..
� ' -----_ _ --
�� Beginning�at a point on Range Line �3 East marking'the West
. boundary line of Saction 19, Township 40 South, Range_43 '
� East, Martin County, Florida, where said line intersec�s an
•.imaginary line 50 feet North of and paralle.l to the centerline
• . of the County Road•raarking the boundary line of Ma.rtin and . � •�
.� Palm Beach Counties; this�as a point of begi.nning; t�hence,
.. East along a line paralleling the County'Road•centerline es
. aforesaid, a distance of 848.25 feet; thenCe, North along
. a line.parallel to the s.foresaid Range Line, a distance of
�. 1320 feet;.thence.Wast along a line,para11e1 to the aPorede-
. � acribed West-to-East ].ine, a'distance of •8�8.25 feet� to '
the aforesai.d Ra,nge Line. A11 of the aforedesCribed'paxcel �
being located in Sea�ion 19; therice, continuing West, a dis-
tance o�' 826 feet more or less to the Easterly right-of-way
line of o1d Dix3.e �Hightvay, 7.,yg,ng East o� and running parallel
to the Florida.Ea.stcoast Railway; thence, Southeasterly along
the Easterly right-of-:way line of old Dixie Highway to a point
where said right-of-wa,y.lir�e intersect� a Westerly extension
of the first descxibed imaginary line parallel to the County
. . Road; thence; Ea.s� along said.extended line a distance of 191.75
. feQt more,- or less, to • the point � of beginni:n�. . Al1 of' the last
. described parcel�being•located in Section�2 , Totanship 4a
. South, Ra,nge 42 East, M e, r t i.� C o u n t y, . F lor i da. �
� 611 of the above � �Fl.l acres. ;
.. ' ' '• . t'
. �� ' � . ,
Page 14 oP 19 . .
Lsase No. 4505
Ril/76/03�
. � , . �, ... SU$LEASE • . . ' �. . ,
� ' i:
• �.
� THIS 7ND�iJTURE� made on thie ___f��"'day of ' _ �y1,u�a � � � .
, 1973, by and between the STATE OF DEPARTMENT OF NA'i'URAL
RESOURCES, DSVIS:LON OF RECREATION AND PARKS, hereinaf�er called
"Sublesaor��� and the VILLAGE OF' TEqUESTA, FLORIDA, Q municipal �
corporation� hereinafter called "Sublessee"; . �
. � . � . ,
' � .WITNESSETH: � � •
W�REAS, the Subleesor is the I,eesee of cer�ain •
hereinafter deacrlbed, from the State of Florida Board of Trustees .
of the Tnternal Improvement Trust �and, for the purpose of operat�
ing'and maintaini.ng it ae s par.t of Jonathan Dickinaon State Park;
and ' 1 � �
WIiEAEAS, the Sublessee is desirous of managing the eaid
property on � continuir.g basis as a municipal park and ie in a
position to do eo effectively; and , ��_,
WHEREAS� the Sublessor is cognizant of the public outdoor �
recreationa�. opportunities which will be afforded Dy such an •
� . arran�ement;
NOW, TF�REFORE, it is mutually agreed that for and in �,
. conaiderati.on of the covenants hereinafter contained, the partiee �
.:
� t
hereto agree ae follows : .;, t� �,�
l. •The • Sublessor does hereby lease tv the Sublessee, .•,�.• :'''� `��
' . . ' ::� .
sub�ect,to all the terms and conditions of the Lease Agreement of.���•.�'�r`,.
. ,
- � � N•
January 23� 1968; entered in�o between the State of Florida�Bvard ''
of Trustees of •�he Internal Smprovement.Trust �and, as Lesaor� and ����•�
the State of Florida Department of Natural Resources, as Leesee��
for the use and benefit of' the Divieion of Recxea�ion and Parks� ''
those certain lands lying, being and aituated in Mar�i,n County, •
Florida, descr�.bed in Exhibit "A" attached here�o. �
� •
2, � The euble���e eli�ll bav� a�nd hol� �hs d�scxibed �.and
for a period of �'ifty (50) yeare from the da�e hereof, for ou�door
recrea�ion an� r�la�ed purposes compatible,�with the opera�lon oP
�ha Jona�han nink�n�on 8�;e,te Park� � •
� a y J�' � �
- K'� - "`.f ��f �''' i { � . ' s. f �. � , l '",-� "w i
� r . ' .-�...�.� .,,���� .� � �.+.�,_ � -"ad..i � t s , .
. . � ' �_ ... , .. .... , . {�.. . . � . . ' I-
. _,.�j' _ , ���
� 3. The�Sublessee covenants and agrees to comp.ly with al�. :
�he terms and condltione of thab certain Leaee sbove mentioned o�l'
January 23, 1968, between the State of_ Florida Board of Truetees`�
• �:
of the Internal Tmprovement Trust.Fund,�as Lessor, and the State' ��
of Florida DeparL•ment of Natura]..�tesources, ae Lessee. � •
� 4. The Subleaeee shall have ttie right to enter upon the
subleased lands for all purpoaes necessary to the full en�oymen'� ,
of the righte herei:n conveyed. �
� 5. The Sublessee shall, thxough it agente and employees,
� cooperate ta prev�C�t the unauthorized use of the subleased land�' �
. or any use thereof not in.conformity w�.th the Lease Agree�ent of
� January 23, 1968, or with thie Sublease Agreement. • �
. . �
6. The"Subleasor or its duly authorized agents sha11 have
the right ab any reasQnable time to inspect the subleased landa ,.
and the works and operations thereon of the Sublesaee in any matter �
pertaining to this agreement. 5hould the Sublessee fail to keep ,�
�
and perform any of.ite covenants, the Subleseor ahall give nlnety �
. �
(90) days writben notice requiring the satisfactory correctton of �
. �
that failure. Any failure to effect the correction during the �, i
' ninety (90) day period shaZl give the Sublessor the right to ' I
terminate the Sublease upon thirty (30) dayB written notice by �
the Sublessor. �
�7� The Sublessee sha11. hold the Subleseor hsrmlese from
� �
ar►y liability or claims that may result from in�uriea to persons ,�
or damage to property resulting from the management and use by the ,
.;
Subleasee of subleased premises. � ;
• i •
8. No trees sha11 be removed or ma�or land alterations �
done by the Sublessee without the prior' approval.of the Subleeaor. ..
• Further, the Sublessee,shall be responsible for the protection and � •
maintenance of all of the subleased property and the improvemen�s �
thereon and ehall maintain fire lanes in good repair at locationg .
approved ln advance by the Sublessor. •' � � •�
�
. ,
�� � g. Ail buildinge, e�ructuree, and improvement� ahsll be
conetructed in accordance with plane�prepared by profeesional �
. �
desi.gnere and ehaJ.7, require the advance written approval of the •
' Subleseor as to both location and design. Approval ehall nob be '
" arbitrarily or unreasonably withheld. �
� , j
' �
_J_ '
� � ! .
10.. A1]. costs of improvementa and operations on the'eub� i�
leased area ahall be the Subleseee�s complete responaibili �.
, . �
11. The.buildinga and atructures provided by the Sublesse�;,
. shall remain the prop erty of the Sublessee until termination of ,��
the Sublease, and for six (6) months thereafter the Subleasee shall '
have the right of removing such buildinge and atructures from the'
property; otherwiee, they shall become the property of the Sublessoz'�
. 12. The Sublesaee ahall at all timee keep� �he entire eub-
leased lande clean and propArly maintained. .
. � 13• The Sublessee shall make the eubleased landa available �
to the genexal public and ehall construct and install at a prominent
loeation near the publlc entrance to the subleased lands an adequai:e•
eign identifying '�he area as b'eing a part of Jonathan Dicki.nson State
. Park,_ recognizin� the cooperation of the S�ate of Florida Department •
of Natural Resources, Division of Recreation and Parke� and etating
� the area is open to the general public. '
�14• ' This Sublease and any rightse.nd privileges conferred �
�: herein shal], not .be a�eigned o� transferred by the Sublesaee wi.th- � �
' out the'written consent of the Sublessor. ' ' �
�. 15• Should the.Sublessee abandon.or fail to uae the pro- '1�
perty herein desCribed for a period of one (1) year, the Sublease � �
ehall become nuli and void upon written no�ice by �he Subleesor �
to the Sublessee. .
� 16. This Sublease shall be terminable upon ninet �
. y (90) ,
days written notice, sub�ect t;o the mutual consent of both parties. .
IN WITNESS WHEREOF, the State of Florida Department o� I
f
Natural Resources, and the Village of Tequeeta, �'lorida, have �.
, caused �here presents to be signed by their duly authorized officez'
and thei�c official seals.have been hereunto affixed �his �..
. � .�[.�.�' i •
dajr.of � 1973, a� Tallahassee, Florida. � �• ���
,
�i .
' � . • � �. � �
� WTTNESBt . ' . �. � � •
� . BTATE OF FLORIDA . ! �
D�PAR�'D�NT 0�' NATURAL A��90UA0,�8
9 , / . .
' BY i �IU6/�^�� .
�
• Ra idolp . Hodges ;
. ExecutiVe Director �
. . � � I
' .ATTEST:1n �
flc to 1)epa of Natural '�`��'��''-'-'--=�--�.._ �
li��not�r. �e3 ,. , . , . , Execut:f:� Sec�'etary , i
. . , . . . . ... ... . . . .. . ,1
.
/ . , i _ • • . � � �.I
. . ,� _4_ i . , • ;
. ;, .��:;. ,i� ��...�, . , , , : , �! � '. � � ,� �•
• ::,�;:;. �.. '�; ;. . . . . ' . I ; . . • . . ' • i i�� S �.. ;� :� ,
. . � ,��' ,'i�� .
, . • . •. .
WITNESS : ' . ;� •. , VILLAGE 0� TEQUESTA, FLORYDA ' �+ + � �
• . I ! �.
�,v� CC � /�� �-LCti� BY :
;.
. . �
��.r�-/ �-J' • G�/-�l�c_,_._..�.t-_. " `. ATTEST :�!�� , '
, �'_'" . • -
As to Village of Tequeste, . .
Florida . ' . .. • �
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� � !.' ,' . EXHIBIT n . , • i 1 ' _�• . ' '
• • . . . , . . . '.f �;::,, ;(: ,►
} _. � �
..,
Beginning at a point on Range Line 43 East marking the Wesb. .. '�'.
, boundary line of Section 19, Township 40 South, Range 43 .i ''�
. �asL•, Martin County, Florida, where said line interseets an '
ima�inary linp 50 feet North of and parallel to the centerllne ,,
. of the County Road marking �he_,boundary 11ne of Martin and •
Pa1m Beach Counties, this as a point of beginning; �hence, �
' East along a line paralleling the County Road centerline ae
. aforesaid, a distanee ot' 848 .25 feet; thence, North along
a line pardllel to the aforesaid Range Line, Q distance of ��
1320 feet; thence West along a line parallel to the aforede- `'
acxibed Weat-to-East 11ne,'a distance of 848 feet to ��� ��•
the afaresaid Range Line. All of the aforedescribed parcel '.t�.��i
'bein��located in Section 19; thence, continuing Wes�, �, dis- "
tance of 826 feet more or less to the Ea,sterly right-of-way• � �
� line .of o1d Dixie Highway, lying East of and running paralle], '
to the Florida Easteoast Railway; thence, SoutheQSterly along
the Easterly right-of-way line of old Dixie Highway to a point
where said right-of-way lir�e intersects a Weaterly extension
'of the first described imaginary li�ne parallel to the County
� Road; thence, East along said extended line a dietance of 191
feet more or less, to the point of be inning.
.. described parcel being located in Section 24, Townahip�!}p laet .
: South, Range 42 Ea,st, Martin County, Florida. �.
. Al1 of the sbove containing approximately 41.1 acres. �
• ' . . '. . . . ; � � .
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