Golf Course Advisory Board •
LEASE AGREEMENT a
THIS LEASE AGREEMENT made and executed on February
12 ; 1980, Iby and between the County of Palm Beach, a
political subdivision of the State of Florida, .herein referred to
as the "County," - and the City of Boynton Beach, a municipal
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corporation organized and existing under the laws of the State of
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'' Florida, herein referred. to as the "City.'
WITNESSETH:
• 1. That in consideration of the covenants herein
contained, on the part . of the City to be kept and performed, the
. County does hereby lease to the City the real property described
as : •
li . The Northwest 1/4 of the Southwest 1/4; and the
A Southeast 1/4 of the Southwest=.1/4; and the West
- 1/2 of the Northeast 1/4 of the Southwest 1/4; and •,
the Southeast 1/4 of the Northeast 1/4 of the
Southwest 1/4; and the Southwest 1/4 of the South-
west 1/4 of Section 11, Township 45 South, Range
42 East, Palm Beach County, Florida. •
Containing 150 acres , more or less .
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herein referred to as the "Property." •
' 2. The City agrees to develop and maintain a public
golf course on the Property according •to the terms of this
. Agreement.
3. The City agrees to use the Property for the
development, construction and operation of a public golf course an,
for those matters incidental thereto, and for no other purpose
; whatsoever without the express written consent of the County.
4. The- term of this lease shall be for 99 years ,
commencing on the day the last of the parties executes this
' agreement and extending for 99 years unless terminated sooner
as provided for in section 5 of this Agreement.
"r' 5 . This Agreement and all rights created hereunder, o
E5 0 - whatever nature , shall terminate, cease and be at an end and will
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f be null and void upon the occurrence of the following :
a. within. two and one-half (2-1/2) years from
the date of this agreement , the City fails
to complete a feasibility and development
study for use of the property as a public
golf course;
b . within two and one-half (2-1/2) years from
the date of this agreement, the City fails
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to give the forutal aLLd final approval to
proceed with a bond issue for financing
of the golf course ;
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:1 C. at any time the 'City indicates it will not
- proceed or abandons plans to proceed with
development of the golf course;
d. after construction, at any 'time the City • •
indicates that it Will no longer operate .
' q . and maintain the Property as a public golf
• - . course, or for any reason fails to do so ;
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•il e. the City violates any other covenant or
;I provision of this agreement.
' t! 6 . All improvements placed on the Property by the
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. II City at the termination of the lease shall become the sole and '
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liexclusive property of the County free of any and all claims of the
11 City. ' .
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" • 7. The. City agrees to establish a. five-member advisory
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11 committee to' advise the City on planning, construction, maintenancE
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1.1, and operation of the golf course. ,The membership of the committee
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. H shall be three (3) members 'appointed by the City' and two (2)
11 members appointed by the County. • .
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lir 8. The City agrees to establish a membership ratio
consisting of 70% City residents and 307 non-city , County residents
\ h initially; then 65 City residents and 35% non-city, County . . .
ilil ,#/residents after the fifth year of operation. It is further agreed
1), that the change in ratio will be accomplished by attrition rather
0, than involuntary loss of membership and, if there does not exist a
sufficient demand to fill either category, the vacancies- may be
• ' q filled on a first come basis by residents of the other category.
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id1 , . 9 . The City agrees that non-member fee play will be
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' " I' open to all and non-City residents may use the course on' the same
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terms , fees and Conditions as City residents.
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10. • The City agrees not to sublease any portion of the
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• property for purposes other than those related to a golf course.
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11. The City agrees to submit a copy of the final
development plans for the golf course to the County .and further
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iiagrees that any portion of the Property which is not necessary for
development is , by operation of this section, released from- the
Iterms of this lease and shall belong to the County , free and clear
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' from any leasehold. interest created under this instrument.
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12. The City shall, at all times , comply with all
I statutes , rules, orders , regulations and requirements of • the
• Federal, State and .County governments, departments and bureaus._
13. - The City agrees that it will keep all buildings
and structures existing on the premises , or any improvements
hereafter made on the premises, in a good state of repair and
preservation. at . all times, and shall not permit, commit or suffer
any waste, impairment or .deterioration of such buildings or
• improvements or any- part thereof, ordinary wear and tear excepted,
and damange by the natural elements excluded.
14. • The City that. it will permit the authorize'
agrees
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`` officers or employees of the County, at all reasonable times, to
ji enter on to the premises 'and .into any improvements to• view the
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�� conditions . thereof.
• 15. At the expiration or termination of this lease, .
d the City agrees to surrender peaceable and quiet possession 'of the
leased premises without further demands, in good condition, ordina
wear and tear alone excepted. .
. 16. The. County shall not be liable for any loss, •
;! injury, death or damage to persons or property 'which, at any' tim.e,
I may be suffered or . sustained by the City or by any person who may,
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. at any time, be using or occupying or visiting. the leased premises
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nor be in, on. or about the same, whether such. loss, injury, death o
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damage •shall be caused' by, or in any way result from, .ot arise out
• 11 of any act, omission or negligence of the. City or of any occupant,
�' subtenant, visitor or user of any portion of the premises , or shal
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1.1 result from or be caused by. any other matter or thing, whether of
hthe same kind as , or Of a different kind; than the matters or thin
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set forth. The City shall indemnify the County against all claims
liability, loss or .damage whatsoever on account of any such loss,
injury, death or damage. The City hereby waives all claims agains
; the County for damages to the building and improvements that are
:snow on or hereafter placed, or built on, the premises and to the
;! property of the City in, on or about the premises , for injuries to
persons or property in or about the premises , from any cause arisi
at any time. The three preceding sentences shall not apply to los
VI injury, death or damage arising by reason of the negligence or
( misconduct of the County, its agents, or employees ..
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• 1, . The waiver by the County of, or the failure of th
,.' County to take action with respect to any breach of any term,
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1,: covenant or condition herein contained, shall not be deemed- to be
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. a waiver of such term , covenant or condition or subsequent breach
[I! of the same, or any other term, covenant or condition herein . ,
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. • 18. Time is of the essence of this lease and each and
every covenant, teLm, condition and 'provision hereof.
'i 19. If any action at ' law or in equity shall be brough
ilto enforce, condition or covenant of this agreement or to interpre
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il any of the covenants, terms or conditions of this lease, or for
I, the recovery of the possession of the demised premises, the
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0 prevailing party shall be entitled to recover from the other party
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• !; as part of the prevailing party' s costs, reasonable attorney fees,
the amount of which shall be fixed by the Court and shall be made
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.. 1 S '4 11 part of any Judgment or Decree rendered:
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20. The City shall fully and promptly pay for. all.
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o li water, gas , heat, light, power, telephone service and other public
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1 utilies of every kind furnished to the premises throughout the ter:
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E _7.1ai \ thereof , and all other costs and expenses of every kind whatsoever
x ,-9 III of or in connection with the use, operation and maintenance of the
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premises and all activities conducted thereon. The County shall
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have no responsibility of any kind for any thereof:
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. 1 . WITNESS our HANDS and SEALSthis /2 day of
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1980.
. FEB 1. 2 1980
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• . ' PALM BEACH COUNTY. FLORIDA, BY IT
ATTEST: .
. BOARD OF COUNTY COMMISSIONERS
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1 .ml-1p II. DUNKL Clerk
1 --.11 inf (/19
. . ...141,6i dalik.....
. L . • Deputy Cler Chairma
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• 1; ' • CITY. OF BOYNTON BEACH,
I ATTEST:
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• :1 •BY ;____-41-Geoe.,/ t.):" ./ BYi *' .l ..
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APPROVED AS TO. FORM
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ii AND LEG SUFFICIENCY
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h "ou. ty Attorney
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III, I SP) PADGEIT, Cit - erk of the City of BoYnton Beach, Florida, do hereby
V cer ' ly Oat the abov-4 and foregoing three (3) pages is. a true and correct copy
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of t - LEASE AGREINENT between Palm Beach County and the City,of.}3oynton Beach
on th e 150 acre parcel of land located in Section 11, Tawriship 45 South, . .
• Range 42 East, Palm Beach County, Florida.
4- ' .,..J.41€42 ,. .. ez, ./
• 1.1brocsa Padget city clerk
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STATE OF FLORIDA.
( SS.
COUNTY OF PALM BEACH )
I, JOHN B. DUNKLE, Clerk of the Circuit Court of the Fifteenth
Judicial Circuit and ex-officio Clerk of the Board of County Commissioners
of Palm Beach County, Florida, do hereby certify that the above and fore-
going is a true and correct copy of a
RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
FOR PROPERTY TO BE DEVELOPED BY THE CITY AS A PUBLIC GOLF
COURSE
being Resolution No. R-80-235 adopted by the Board of County CommissiOners
in meeting held February 12, 1980 , as same appears of record in County
Commissioners MinutesNo. 129 in this office. •
IN WITNESS WHEREOF, I have hereunto set my hand and seal of said
Board this 4th day of April , A.D. 1981 .
JOHN B. DUNKLE, Clerk
Board of County Commissioners
By
Deputy Clerk
( SEAL )
;I RESOLUTION NO. R-80 235
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i, • RESOLUTION AUTHORIZING THE EXECUTION OF -
1 A LEASE AGREEMENT. BETWEEN PALM BEACH COUNTY -
h AND -THE CITY OF BOYNTON BEAbH FOR PROPERTY .
TO BE DEVELOPED BY THE CITY AS A PUBLIC
GOLF COURSE.
II WHEREAS , Palm Beach County owns a tract of land located
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west of Boynton Beach consisting of 150- acres , more or less , and
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' i • WHEREAS , currently said tract of land is not being used,
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- I WHEREAS , Palm Beach County and the City of Boynton
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li Beach wish to pool their resources to provide a public golf
• `! course, and -
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1 WHEREAS,' under the, terms of the attached Agreement,
1� Palm Beach County will lease the property to Boynton Beach for 99
years and Boynton Beach will develop the property into a golf
• course and thereafter operate and maintain the course, and
( ' WHEREAS , the land will be released automatically from
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1 the City' s leasehold interest if; within two and one-half (2-1/2)
1 years the City fails to complete a feasibility and development
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I study ,or fails to give final approval to proceed with a bond
Iissue for financing of the project, or at any time the City
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indicates- its intention not -to proceed with the project, and
. WHEREAS , participation of Palm Beach County in the
I project is limited to leasing .of the property to the City, and
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- 1 WHEREAS , this Agreement serves the public' s best interesi
by utilizing the resources of two cooperating governmental bodies
li to provide a needed recreational facility in Palm Beach County.
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;1 ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA that the Chairman and
Lc)
the 'Clerk of the Board of County Commissioners are authorized to
execute the attached Lease Agreement in quadruplicate:
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" °i E i! The foregoing Resolution was offered by Commissioner
a CiJ li ,
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e, __ Bailey , who moved its adoption. The motion was seconded by
,-aL- C) Cr) C!) i
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o E s 11 Commissioner Foster and, upon being put to a vote , the vote
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was as follows :
DENNIS P . KOEHLER - Aye
ji FRANK H . FOSTER - Aye
I . PEGGY B. EVATT - Absent' '
NORMAN R. GREGORY - Absent
BILL BAILEY - Aye
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Ij The Chairman thereupon declared the Resolution duly
1; passed and adopted this 12th day of February , 1980.
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• 11 PALM BEACH COUNTY, FLORIDA, BY ITS
iI • BOARD OF COUNTY COMMISSIONERS
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JOAN B. DUNKLE, Clerk -
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Deputy_:Clerk �� . • -
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' APPROVED AS TO FORM
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1 AND LEGAL SUFFICIENCY
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11 Bim' „4.•-•. /v / :. `
Co �
` o.nty Attorney
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I' FILED THIS _ ' 4-41 DAY OF •
V ~P-j AT
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BOYNTON BEACH MUNICIPAL GOLF COURSE
ADVISORY COMMITTEE - OPERATING STATEMENT
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R � . �/�K ����
I ' CREATION 90 �� � ��X�
The Boynton Beach Municipal Golf'| Coorse Advisory Committee
was created through the terms of : a lease agreement executed
by the Board of County CommiSsiollers of Palm Beach County
and the Mayor and Ci ty Council o' Boynton Beach , da ted
February 12, 1980, Through the terms of the lease
agreement , the City has established this Advisory Committee
to "advise the City on p } anning , \ construrtion, maintenance
and operation or the golf course
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II . MEMBERSHIP
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The membership of the Boynton Be ch Municipal Gol � Coor��
Advisory Committee , in acrord ' nc with the lease agreement ,
referenced above , has rive members -- three of whom are
appointed by the City and two of ',whom are appointed by the
County /
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In additioIl, the LCoymi ' (2 )
aPAoiIltedb1andgne < }|i1bytheCoy[ tY-�-'Hlte? n
at=s
will substitute for absent membe[sasneeded atearh
meeting . City alternates, -�onlY,_will [ePlaceabsent City
_'- members and the CguDtY- alter[ate.„1-only, will'.[�eplaceag
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absent County.-8���t� ��
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Candidates fur membership , g[ asi_ eIIiates.,_ must sobm i t in
writing , an indication of their i terest in serving on the
committee. The written sobmissio must include information '
that outlines the candidates specificknowledge, and
exrerieoce that is directly related to golf course operation.
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III . TERMS �F MEMBERSHIP
The five members first appointed hall serve through the
first vear of golf course operati n and for staggered terms
of one, two , three, four , or five / years thereafter .
Subsequent appointments shall be for overlapping five year
terms .
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In making the initial appointment the City . will indicate
which member will have a term of one year , a term or three
years anda term of five years , n making its- initial
kappo i n tments of two members , the oard of County
Commissioners will indicate which member should serve a term
of two years or a term of four ye4rs . At the completion of
the terms as indicated above, eacti subsequent appointment
will be for five years .
Al�l_alte[I!ate-�ppgi pe[ i ��
-----_yjpars,
IV. CHAIRMAN |
The Chairman shall be selected annually by the members of
the Advisory Committee from its own membership and may be
re-elected as Chairman.
The first meptinu of the Advisory Committee will he ronve.`pd
and chaired by the Mayor of the City of Boynton Beach ' The
second meeting of the Advisory Committee will be held as
determined by the members at the first meeting . The fir� t
Chairman will be selected at the second meeting of the
Advisory Committee . The second meeting wi | l he chaired by
the Mayor of the City of Boynton Beod` for the purpose of
convening the meeting and electing the Chairman.
Page 1 of 2
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V. PURPOSE
The purpose of the Boynton Beach Municipal Golf Course
Advisory Committee is to advise the City , through the Mayor
and City Counril , on planning , construction, maintenance and
operation ( other than personnel matters which are guided
through the Boynton Beach Civil Service Rules and
Regulations ) of the golf course . The Mayor and City Council
Nill he responsible for all planning implementation,
financial and operating matters of the golf course, which
will he administered by the City Manager through the City
sLpff ' [he Golf Course Manaqer , and other City Staff as
directed hy the City Manager , will meet with the Advisory
Committee to provide information as needed .
VI . LEASE AGREEMENT
Attached to this Operating Statement and made a part hereof
is the lease agreement between the City and the County dated
February 12 , 1980.
VII . APPROVAL
ti Statement
This ame�dyd. Operating is approved by the Board of
County Commissioners on th1s_____d�y 12i . 199V
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This ame[ded Operating statement is approved by the City
of the City of Boynton Beach this_____day
of , 1990.
PALM BEACH COUNTY FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
ATTEST :
JOHN B. DUNKLE , CLERK
BY »^` • �
BY
�_ _ "/ ��_�/�e��^m,� . "���'
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(SEAL ) D� wt �� w ����
ATTEST: CITY OF SA NITON c 'ACH, FLORIDA
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BY : _^�// /�/^^`^
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(SEAL)
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
(874/144L V~:]? ---- ~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AMP
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/2Zra.Z.L14) 414.
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COUNTY ATTORNEY
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R90 • 8 7
atD
AMENDED LEASE AIREEMENT
THIS AMENDED LEASE f PEFMENI• made and execut::r'ri rr AY , 2 P'S''i
-•_-. _.... .__.. .._----, 1990 , by and between the County of Palm Beach . a
Political subdivision of the State of Florida , heroin referred to
as the "County , " and the City of Boynton Beach , a. municipal
corporation organized and existing under the laws of the State of
Florida , herein referred to as the "City . "
W 1 1 N E_ S S E T H:
l . That in consideration of the covenants herein
contained , on the part of the City to be kept and performed , the
County does hereby lease to. the City the real property described
as : •
.<, \ The Northwest 1 /4 of the Southwest 1 /4 ; and the
Southeast I /4 of the Southwest 1/4 : and the Nest
/ 1 /2 of the Nor theast 1 /4 of the South west 1 /4; and
r'` ' VED i the Southeast 1 /4 of the Northeast 1 /4 of the
9 '4 Southwest 1/4 ; and the Southwest; 1 /4 of the South-
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JUN 2 1 199010 1 /4 of Section 1 1 , Township 45 South , Range
,4• Cfaf OF BOYNTON BEACH
42 East , Palm Beach County, Florida .
CITY CLERK \
\� Containing 15C) acres , more or less .
i,er:.ein referred to as the "Property. "
2 . The City agrees to develop and maintain a public:
golf course on the Property according to the terms of this
Agreement .
S. The City agrees to use the Property for the
development , construction and operation of a public golf course
and for those mei t tors incidental thereto , and for no other
purpose whatsoever without the express written consent of the
County.
• 4 . The term of this lease shall be for 99 years ,
commencing on the day the last; of the parties executes this
agreement and extending for 99 years unless terminated sooner as
provided for in section 5 of this agreement .
5. This Agreement and all rights created hereunder ,
of rhatever nature, shall terminate , cease and be at an end and
will be null and void upon the occurrence of the following :
a . within two and one--half (2-1/2) years from
the date of this agreement , the City fails
to complete a feasibility and development
study for use of the property as a public
golf course;
b . within two and one--half ( 2-1 /2 ) years from
the date of this agreement , the City fails
to give formal and final approval to
proceed with a bond issue for financing
of the golf course;
c . at any time the City indicates it will not
proceed or abandons plans to proceed with
development of the golf course; -
d . after construction, at any time the City
indicates that it will no longer operate
and maintain the Property as a public golf
course, or for any reason faiis to do so ;
e . the City violates any other covenant or
provision of this agreement .
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6 . All imornvements placed no the Property bv the
City at termination of the lease shall become the sole and
exclusive property of the County free of any and all claims of
the City .
7. The City aqrees to establish a five-member
advisory committee to advise the City on pla,`ning , construction,
maintenance and operation of the golf rn//rse . The membership of
thP committee shall he three (3) members appointed hy the City
and two /� > members *npni /`ted by the Coo'`tv , [naddition,. _three
alternates will beaPPoi ]ted,' two ( 2) bYthe City�and one (1 ) by
theCquotY, tP replace absent members atthese Advisory_ Committee
meetings . City alternates,. .only, replace absent City
members Land the County Alternate,_P\Ily,- willrePlacean absent
County-member for that specific_meetigQ,_oDly~
8. 7|`e City agrees to establish a membership ratio
consisting of 70X City residents and 30% non-city, Comity
residents initially; then 65% City residents and 3,77i% ^cn-cit,,
County residents after the fifth ynor of opsn'atinn' It is
further agreed that the change in ratio will he accomplished |.v
attrition rather than involuntary loss of membership and if there
does not e' jst o sufficient demand to fill either category , the
vaeancies may be filled on a first come bases hy residents of the
other category.
9 . The City agrees that non-member fee ploy will be
open to all and non-City residents may use the course on the same
terms , fees , and conditions as City residents .
10. The City agrees not to sublease anr portion of the
property for purposes other than those related to a golf course
11 . the City agrees to submit a copy of the final
development plans for the golf course to the County and further
agrees that any portion of the Property which is not necessary
fnr development is , by operation of this sectim`, released Form
the terms of this lease and shall belong to the Cou,`ty . free and
clear from any leasehold interest created under this instrument .
iP. The City shall , at all times . comply with all
statutes , rules , orders , regulations and requirements of the
Federal , State, and County governments , departments and bureaus .
13. The City agrees that it will keep all buildings
and structures existing on the premises , or any improvements
hereNfter made on the premises , in a good state of repair and
preservation at all times, and shall not permit , commit or suffer
any waste, impairment or deterioration of such buildings or
improvements or any part thereof, ordinary wear and tear
excepted . and damage by the natural elements excluded .
14 . The City agrees that it will permit the authorized
officers or employees of the County , at all reasonable times , to
enter on to the premises and into any improvements to view the
conditions therenf ,
15 . At the expiration or termination of this lease ,
the City aqrees to surrender peaceable and quiet possession of
the leased premises without further demands , in good conditinn,
ordinary wear and tear alone excepted .
I . The County shall not he liable for any loss . =
injury, death or damage to persons or property which , at any
time, may be suffered or sustained by the City of by any person
who may, of any time , be using or occupying or visiting , the
leased premises or be in, on or about the same , whether s'/ch
loss , injory , death , or damage shall be caused by, or in any way
result from, or arise out of any actr Omission or negligence of
the City of nf any occupant , subtenant , visitor or user of any
portion of the premises , or shall result from or he caused by any
other matter or thing . whether of the same kind as , nr of a
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different kind , than the matters or things set forth . The City
shall indemnify the County against all claims . liability, loss or
damage whatsoever on accn''nt of any such loss , injury, death or
damage. The City hereby waives all claims against the County for
damages to the building and improvements that are now on or
hereafter piaced , or built on , the premises and to the property
of the City in , on or about the premises, for injuries to persons
or party in or about the premises , from any cause arising at any
time ' The three preceding sentences shall not apply to loss ,
injury , death n,' damage arising by reason of negligence of
misconduct of the County , its agents, or employees .
17. The waiver by the County of, or the failure of the
County to take action with respect to any breach of any term,
covenant or condition herein contained , shall not be deemed to be
a waiver of such term, covenant or condition or subsequent breach
of the same, or any other term, covenant or condition herein
contained .
18 . Time is or the essence of this lease and each and
every covenant . term, condition and provision hereof.
19. If any action at law or in equity shall he brought
to enforce . condition or covenant of this agreement or to
interpret any of the covenants , terms or conditions of this
lease , or for the recovery of the possession of the demised
premises , the prevailing party shall be entitled to recover from
the other party as part of the prevailing party ' s costs ,
reasonable attorney fees, the amount of which shall be fixed by
the Court and shall be made a part of any Judgment or Decree
rendered .
. 20. The City shall fully and promptly pay for all
water , gas , heat , light , power " telephone service and other
public utilities of every kind furnished to the premises
throughout the term hereof, and all other costs and expenses of
every kind whatsoever of or in connection with the use, operation
and maintenance of the premises and all activities conducted
thereon . The County shall have no responsibility of any kind for
any thereof .
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WITNESS our HANDS and SEALS this_____day of_________1990.
ATI-EST : PALM BEACH COUNTY FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
JOHN B. .DUNKLE , Clerk
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY 0 COUNTY •DOTNER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
0 ELECTIVE ID APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
•
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his-or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
« # # * # * # # # # « # # * #
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,-you must disclose the conflict:'
PRIOR TO THE.VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
•
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt toinfluence the decision, whether orally or in writing and whether made
by you or at your direction. ••
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, hereby disclose that on , 20
(a)A measure came or will come before my agency which (check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
•
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
Section 2.443
(c) Disclosure of voting conflicts. County and municipal officials as applicable shall
abstain from voting and not participate in any matter that will result in a special financial
benefit as set forth in subsections (a)(1) through (7) above. The official shall publicly
disclose the nature of the conflict and when abstaining from the vote, shall complete
and file a State of Florida Commission on Ethics Conflict Form 8B pursuant to the
requirements of Florida Statutes, §112.3143. Simultaneously with filing Form 8B, the
official shall submit a copy of the completed form to the county commission on ethics.
Officials who abstain and disclose a voting conflict as set forth herein, shall not be in
violation of subsection (a), provided the official does not otherwise use his or her office
to take or fail to take any action, or influence others to take or fail to take any action, in
any other manner which he or she knows or should know with the exercise of
reasonable care will result in a special financial benefit, not shared with similarly
situated members of the general public, as set forth in subsections (a)(1) through (7).
To search the database to see if a form is on file with our office, please follow this link
http://www.palmbeachcountyethics.com/coepubNoteConflictNoteConflictSearch.aspx
Memorandum of Voting Conflict for County, Municipal and other Local Public
Officers (Form 8B)
'WHO FILES _ — WHEN FILED WHERE FILED
County, municipal, or other -1Within 15 days after vote With person responsible for
local public officers occurs recording minutes of meeting
Additional requirements for Within 15 days after With person responsible for
appointed public officers (see "participating" in matter recording minutes of meeting
Section 112.3143(4), F.S.) _ I