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HomeMy WebLinkAboutAgreement_General_09/20/1993 Return to: (enclose self - addressed stamped envelope) Name Address: OCT -05-1993 4:00pm 93- 318508 ORB 7917 Ps 1205; f owl 10111li•/i !Ii in on Property Appraisers Parcel Identification (Folio) Number(s): w m LEASE AGREEMENT CJ� I N � THIS LEASE made and entered into this 2 - 0 day of S ��- '� ' � 1993, between the Jupiter - Tequesta Junior Citizens Inc. a M o" nonprofit organization, its heirs, successors and assigns, w hereinafter referred to as "Lessor ", and the Village of Tequesta, ,o w a municipal corporation of the State of Florida, hereinafter x �_, referred to as "Lessee ". a - 0 U ­o 0 ( Q) WHEREAS, it is the desire of both parties to this Lease to � P v m provide an outdoor recreational facility on real property owned Z 0.�F4 by the Lessor for use by the youth and general public as a park .� 4-4 (0 area for outdoor recreational purposes without charge; and U - o a4 Z a) -P_P WHEREAS, Lessee is willing to operate and maintain the park 0 0 0 a) and the recreational facilities located thereon pursuant to the �_J �_J a 3 terms of this Agreement; and -u° WHEREAS, this Lease is for the benefit of the parties � hereto and is not intended to accrue to the benefit of third �-4 party beneficiaries. NOW, THEREFORE, for and in consideration of the sum of � $10.00, the mutual promises, covenants and agreements mentioned herein, and other valuable considerations, receipt whereof is 4 hereby acknowledged, Lessor hereby leases to Lessee all of the property owned by Lessor as more fully described in Exhibit "A" o attached hereto and made a part hereof, such leasing to be for 0 recreational purposes and pursuant to the following terms: a 1. TERMS OF LEASE: The term of this lease shall be for a period of fifty years commencing with the date herein to and including the �- 0 day of 5 2043. 2. HOURS OF OPERATION: It is expressly understood and agreed that said premises are to be open to the general public only from sunrise to sunset, except for special events allowed in accord with Village of Tequesta special events policy as may exist now or be hereafter developed. 3. LESSOR'S TITLE: Lessor hereby warrants and covenants that Lessor has good fee simple title to the real estate and improvements which include the leased premises hereunder and that it has full power and authority to execute this lease and to grant to Lessee lessor's rights hereunder. Lessor shall deliver to Lessee, simultaneously with the final execution hereof, a policy of title insurance in a face amount not less than $265,000, acceptable to Lessee, insuring Lessee's improvements on the leased property, the cost of said policy to be borne by Lessor. 1 ORB 7917 R 1206 4. USE OF SITE: It is expressly understood and agreed that said premises are to be used solely by Lessee and exclusively for public park and recreational purposes. No restriction or limitation on usage of the premises shall be imposed by Lessee without the prior approval of Lessor, which approval shall not be arbitrarily or unreasonably withheld. 5. IMPROVEMENTS: Lessee shall have the right to build any improvements necessary or convenient for the recreational development of the lands leased from Lessor under this Lease, provided that the location and design of said improvements shall be subject to the prior approval of the Lessor, which approval shall not be arbitrarily or unreasonably withheld. A Master Facilities Plan has been previously agreed to between Lessor and Lessee, which Plan is incorporated by reference with this Lease (see Exhibit "C "). Lessor warrants that it will request no amendments to said Plan within a period of ten (10) years from the date of this Lease. 6. SECURITY CLAUSE: Lessee shall, in its discretion, have the right to operate the leased lands as a public facility by whatever security measures it deems necessary to guarantee the health, safety and welfare of the general public, which right shall include securing the property by constructing additional improvements related to security in a manner deemed necessary by Lessee. Lessee shall notify Lessor in advance of the construction -of any such security related improvements. 7. MAINTENANCE: The Lessee shall, at all times, keep the premises in good condition and repair at its own expense. 8. ALTERATION AND TREE REMOVAL: No trees shall be removed or major land alterations undertaken by the Lessee without the prior approval of the Lessor, which approval shall not be arbitrarily or unreasonably withheld. 9. INSPECTION OF PROPERTY: The Lessor shall have the right, at any reasonable time, to inspect the leased land and the works and operations thereon of the Lessee in any matter pertaining to this Agreement. 10. HOLD HARMLESS: The Lessee shall hold the Lessor harmless from liability or claims that may result from injuries to persons or damage to property resulting from the Lessee's management and use of the leased premises, including the parking lot, said liability to be limited to the extent authorized pursuant to Florida law for municipal governments and to the operation of public recreational areas open to the general public without charge. Lessee shall provide Lessor with proof of insurance showing Lessee as an additional insured. 2 0"RB 7917 A 1207 11. TERMINATION OF LEASE: This lease may be terminated upon ninety (90) days written notice, subject to the mutual consent of both Lessor and Lessee. Lessor may not assign its interest in the Lease on the property described in Exhibit "A" without the prior written consent of the Lessee, which consent shall_ not be unreasonably withheld. 12. DISPOSAL OF FACILITIES: Should Lessor and Lessee mutually agree to terminate this Lease, all buildings, facilities and improvements constructed by Lessee during the term of this Lease shall become the property of the Lessee. All such buildings, facilities and improvements not removed within one hundred eighty (180) days of lease termination shall then revert to and become the property of the Lessor. 13. REMOVAL OF FACILITIES: Within one hundred eighty (180) days of termination of Lease, the Lessee shall, at its own expense, remove any or all facilities that the Lessor requests in writing to be removed from the leased property. 14. LEASE TRANSFER: This Lease, and any rights and privileges conferred herein, shall not be assigned or transferred by the Lessee without the prior written consent of the Lessor. 15. JUPITER — TEQUESTA JUNIOR CITIZENS, INC. PARKING LOT: The Lessor agrees to allow the Lessee to utilize the JTJC parking lot as described in Exhibit "B" attached hereto, for vehicular parking during the course of utilizing the outdoor recreational facilities. Lessee agrees to maintain the parking lot in return for such parking privileges. Prior approval of the Lessor shall be required for improvements to the parking lot. Approval shall not be arbitrarily or unreasonably withheld. The Lessee shall provide additional lighting, as deemed necessary by Lessee, to illuminate the parking facility. 16. ENFORCEMENT OF LAWS AND POLICIES: The Lessee shall enforce all federal, state and local laws and park policies. The Lessor, whenever possible, agrees to assist the Lessee in the enforcement of the same. 17. UTILITIES: Lessee shall pay all utility costs associated with the operation of the outdoor recreational facilities. 18. ADMISSION FEE: The Lessee shall at no time charge an admission fee to enter or to use facilities within the leased property. 19. ALCOHOLIC BEVERAGES: The Lessee shall not allow alcoholic beverages on the leased property at any time. 3 ORB 7917 Ps 1 20. UNAUTHORIZED MOTOR VEHICLES: The Lessee shall at no time allow unauthorized motor vehicles to enter any part of the leased property set aside for recreational use. 21. LETTER OF AGREEMENT FOR RECIPROCAL PARKING: Lessor warrants unto the Lessee that for the duration of this Lease, it will enter into and maintain a Reciprocal Parking Agreement for shared parking with the Church of the Good Shepherd located at 400 Seabrook Road, Tequesta, Florida. 22. CONTINUOUS USE: Lessee agrees to use the property continuously for purposes consistent with this Lease. In the event Lessee shall abandon such use, Lessee shall be in default of this Lease and shall be relieved of any responsibilities hereunder except that the provisions of Paragraph 11 and 12 relating to termination shall apply. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal on the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: JUPITER - TEQUESTA JUNIOR CITIZENS BOARD OF DIRECTORS BY �✓ President LESSEE: VILLAGE TEQUESTA f BY: Ron T. Mackail Mayor Attest: �_�c- •c���,..- �✓ _ oann Manganie to Village Clerk 4 ORB 7917 FIT. - 1 09 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared -� President of the JUPITER - TEQUESTA JUNIOR CITIZENS BOARD OF DIRECTORS, who is personally mown to me or who has produced as identification and who did ( did no t) take an oath and who executed the foregoing instrument and acknowledged before me that he /she executed the same. WITNESS my hand and official seal in the County and State last aforesaid, this a day of 1993. S'T gnature of N ary Public My commission expires: Z-0P -NN MAN6- Atl 11-: LLD T �s. Printed name of Notary Pubic ec 1,6',57 77s Commission Number: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared RON T. MACKAIL AND JOANN MANGANIELLO, Mayor and Village Clerk respectively, of the Village of Tequesta, a municipal corporation, who are personally known to me or who have produced as identification and who did (did not) take an oath and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State aforesaid, this day of S ►i P i 1993. Signature of Notary Public I My commission expires: � A r+.-- k-- ' f� a Q� 1'i2 % - C Or- Printed name of Notary Public Commission Number: 5 ; 4'• P' ,. CARL R. RODERICK _k MY COMMISSION / CC WIRES: January 8.1997 B=M �� ® Thru Notary Pd* undpwiWa EXHIBIT "A" THE SOUTH 279.00 FEET OF THE NORTHEAST 1/4 OF THB SOUTHEAST 1/4 OF SECTION 25, TO AISHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING %TEST OF THE WRSTMLY RIGHT OF WAY LINE OF SEABROOK ROAD (AN 80 FOOT RIGHT OF WAY) , AS RECORDED IN OFFICIAL RECORDBBOOK 524 AT PAGE 211, PALM BEACH COUNTY, FLORIDA, PUBLIC RE(xWRDSs LESS HOWLVER THE FOLLOWING FIVE PARCELS OF LAND; THE FAST 205.00 FEET OF THE SOUTH 132.00 FEET; THE WEST 75.00 FEET OF THE EAST 380.00 FEET OF THE SOUTH 132.00 FEET; THE WEST 50.00 FEET OF THE EAST 580.00 FEET OF THE SOUTH 132.00 FEET; THE SOUTH 15.00 FEET; THE WF-ST 142.90 FEET OF THE EAST 227.90 FEET OF THE NORTH 113.50 FEET OF SAID SOUTH 279.00 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF SEABROOK ROAD. SUBJECT TO A PARKING AND ACCESS EASEMENT OVER AND ACROSS THE EAST 85.00 FEET OF THE NORTH 147.00 FEET OF SAID NORTH 279.00 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 LYING WEST OF SEABROOK ROAD. Return to: (enclose self- addressed stamped envelope) Name Address: t ' OR 7917 Pq 12 - 11 Property Appraisers Parcel Identification (Folio) Number(s): EXHIBIT "B" 1 z ovrc'.�cy�p a� .vr•.t ��'�cP�vrvr ��'k/ �) • Ave • �o b t 5' n0 � Iry rd Ai lw /k f o v ' �>>� az�o' moo' •.... o C"oNGf�TC fu/�C � zoyo, — ~ CayyE��is�� '!!�eiZpiu� o X80 �. 15 FOOT STRIP REMAINS WITH THE PARENT PARCEL. NO RECORDS FOUND CONVEYING AS EASEMENT OR �. RIGHT OF WAY. � , RYc/FjC �— PoR/f.� f�iE ov�iYf� Pvri�t � rf�cAs'avf � o� - a Z 3 m � y a N O CD N y 5 LD FUTURE 9 QUN LINK FENCE W/ R WOOD iEH('.E WI A MAMANEp I FEDOE'� 6' CHAIN LI NK FENCE WIGHEE]I VINYL FABRIC IRRIGATION ; CL GREEN VINYL FABRIC SOURCE _, ` Q CID LOCATION U 7 F -■ ■ ■r■ ■•.fr�Ylr•!■rl�.■•�_ �rr�� •et•.rlrrlr•�rrrl �■ L ••!r ■!_ !I■q.r�lE� rr� ■■■ ■ I ■ ■ 'z 0 - Q v .;; •te D• • ...• ° NO W T d CD I ®• • ♦ 6--. . - HC NEW 39 SPACE PARKING LOT �- • .:. Z m ■ FUTVR b A9 STR C!GPaF' • ■ N v YOUTH CENTER __ I I V W M - e • , `d � OPEN ` 'K 3 �' ~ •-` !•. m PLAY IN _ AREA I N I ¢ a ' N OLLEYBAL 0 ti •, PLA OUNO - N WALL SIGN - • N ' �e ♦/ : .S BENCH ` Y 1 • / LOCA710NS E EA m f OUMPSTFA 8 W (TYP.) STATK)N I ' - 2 • SWD. % 6M. CHAIN LAM FENCE GATES V IN ¢ W • rn I . 60` 5 e• PEDESIpAN TRAM _ © I I ■ In ZZ, % I w a WATDRHKNIAn •( -• _ LOW ITYPI r ---- - -•-- a ' • • 10 • ♦ s \ - - • f •• I I ' 6' CHAN LINK FENCE W/ J BIKE STAND I RESCUE STATION �• GREEN VNYLFABRIC CONSTITUTION PARK .. FUTURE ' a•e ,•' • � '^ 3 < - VOLLEYBALL I . ry 671 W e o• �\ .' e i SITE •, PLAYGRO', D { I; �'. .. Q - - - -- Tequesta, Florida. ; N I I .. H�7H •t f ( / • �• L. _- - _ - a 'e' • .- BASKETBALL COUR �■ _ __J 4 M Q R'•t I - r W IM ,•�' H -4 ti A .P ^ 0' ;■ 6' CHAIN LINK FENCE W/ V . A .. e e �•, - \ i Q . E Kf ' OINE ■ GREEN VINYL FA BRIC .�. 6 WOOD FENCE WI / `\ e, PEOESTNAK TAN W A MAINTAINED V HEDGE GAZEBO _ __ _ _ , \i .. EXISTING r I �. FLAGPOLE I, I I i In W ■' / i s• - •�'�I � I I - �■ CONV ENIENCE r ` 'a STORE t • 'L I i 1 STORE�F�y'� ®� � '•� � , "r:f:. OPEN AREA \ I 2 FUTUfid COURTS 2 HAND NORTH •� • L - -1 -_- RACOIII T.A. =�•^ C OURTS 1 e Cn.n LSSI Fens• /fI E C WOOD FENCE W/ w /been V'eryl Fedk A MAINTAINED 6' HEDG U R STATIpN 1 (5) 0 20 s0 00 100 rr! ■■�rr■I�t. A� ■• •��■■e��f �.eMlr ■! ■■ L SCALE IN FEET , - . EXHIBIT "C" ,Aa,ok DOVER ROAD ranne«i orra(«aF ' Acv ■rwl - Illy ermev Tn.m