Loading...
70-AARESOLUTION NO. 70 - AA WHEREAS, the City of Boynton Beach, Florida, deems it in the best interest of said municipality to enter into a Lease Agreement with the Florida Inland Navigation District, covering property located at the Eastern terminus of Casa Loma Blvd., within the municipal limits of said City, for the purpose of providing for recreational facilities, and WHEREAS, the said Florida Inland Navigation District has agreed to leasing of said area in accordance with the terms and agreements contained in proposed Lease Agreement, attached hereto and hereby made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, that the Mayor and City Clerk of said City are hereby authorized to enter into and execute Lease Agreement with the Florida Inland Navigation District, in accordance with terms and conditions set forth in attached instrument covering property described therein. PASSED AND ADOPTED this 24th day of August, A.D. 1970. CITY OF BOYNTON BEACH, FLORIDA ATTEST: City Clerk CORP. SEAL Mayor Vice Mayor Councilma~l ~ ~ ~ - ~ouncilman ....... C°~ilman~ LEASE AGREEMENT THIS LEASE AGREEMENT made this ~day of , between THE FLORIDA INLAND NAVIGATION DISTRICT, a special taxing district organized under the laws of Florida, hereinafter referred?to as "Lessor", and as "Lessee". ~hereinafter referred to WHEREAS, the Lessor is the owner in fee of a parcel of land in the City of Boynton Beach, Palm Beach~ County, Florida, a des- cription of which is attached hereto as Exhibit "A" and made a part her'eof, for use by the United States in connection with the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida and now holds the title thereto subject to an easement heretofore granted by it to the United States of America for such use; and WHEREAS, said parcel of land is subject to immediate occupancy and use at any time by the United States pursuant to said easement and the Lessee has requested the Lessor to permit it to use said parcel of land for access to and use of the Intracoastal Watersay, subject to said prior right and easement of the United States and to the terms and conditions of this lease; and WHEREAS, the Lessor is of the opinion ~that such use by the Lessee is in the public interest and should be granted for a limited term at a nominal rental subject only to'the terms and conditions stated herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained it is agreed by the parties hereto: 1. SUBJECT to conditions stated herein, the Lessor does hereby lease the above-mentioned parcel of land as is and in its existing conditions to the Lessee for a term of five (5) years from the date hereof for use by the lessee to provide access to and use of said waterway, and upon condition that no structure or improvement of any kind are to be placed on said iand without written consent of the Lessor and that any such structures or improvements placed thereon with Lessor's consent are to be completely removed at Lessee's expense within thirty (30) days after request therefor by Lessor. 2' Upon and subject to the terms and conditions staked herein, which it agrees to perform and abide by, the Lessee does hereby lease said parcel of land from the Lessor and further agrees (a) ~.To accept the leased premises as is and in its existing condition subject to the use by the United States in accordance with the aforesaid easement. (b) To promptly pay in advance annual rental of ONE DOLLAR(S1.00) (c) N~to permit or suffer any waste in or upon said [r emises; to strictly comply with any and all rules, regulations and requirements that may be imposed from time to time by virtue of the laws of the State of Florida, or any rules and regulations of any governmental agency having juris- diction over the leased premises. To permit the Lessor, or its duly authorized agents, free 9ccess to the leased premises at any and all reasonable times for the purpose of examining and inspecting same. Not to assign or sub~et this lease, or any portion of the leased premises, without the written consent of the Lessor, except as herein 'provided. Not to permit the use of said premises for purposes other than for the purposes as herein provided. To make no unlawful, improper or offensive use of the premises. At the termination, of this lease, by lapse of time or otherwise, to yield immediate possession to the Lessor. To pay any and all taxes levied upon the leased premises during the terms of this lease. (d) (e) (f) (g) (h) (i) -2- To save the Lessor harmless from any and all liability, loss, damage, claim, action, costs and attorney's fees resulting from or caused by any claim, loss or damage to person or property on or about or by reason of said leased premises. 3. This lease may be terminated by notice in writing by one party thereto to the other sixty (60) days prior to any anniversary date during the lease period. For this purpose, . , is considered to be the anniversary date of the lease. 4. The Lessee agrees to save the Lessor harmless from any liability by reason of property damages or personal liability to any person or person~, firm or corporation on or about said premises, and to carry indemnity insurance as protection against said liability for the protection of the Lessor with a reputable insurance company to be approved by the Treasurer of the Lessor, with $250,000.00--$500,000.00 limits, such policies to be deposited with and receipted payment of premiums 'thereof sent to the said Treasurer during the terms of this lease, or any extension thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in BOARD OF COMMISSIONERS OF our presence: FLORIDA INLAND NAVIGATION DISTRICT By (SEAL) Its Chairman Attest: (SEAL) Its Secretary CITY OF BOYNTON BEACH BZ (SEAL) Attest: (SEAL) EXHIBIT "A" PARCEL DESCRIPTION Section B of Parcel 1, Intracoastal Waterway R/W, shown on attached sketch, and more particularly described as follows: All that portion of Parcel 1 of the right-of-way of the Intracoastal Waterway as shown on the plat thereof, recorded in Plat Book 17, Page 12A, Palm Beach County Public Recrods, lying between the west right-of-way line of the Intracoastal Waterway and the line of bulkheads, bounded on the north and south by the easterly extensions of the north and south rightrof-way lines of Casa Loma Boulevard as shown on the Plat of Casa Loma, Boynton Beach, Florida, as recorded in Plat Book !1, Page 3, Palm Beach County Public Records.