R66-SRESOLUTION NO. 66-''~
WHEREAS the State Road Department of Florida has heretofore
offered to the CITY OF BOYNTON BEACH the opportunity to lease a certain
parcel of land lying North of the Boynton Canal and West of the right-of-way
of State Road No. 5; and,
WHEREAS, subject property together with the terms of said lease
arrangement are more particularly described in the proposed lease agree-
ment between the parties, a copy of which is attached hereto and hereby madel
a part hereof; and,
WHEREAS, the CITY OF BOYNTON BEACH is desirous of accepting
said offer.
NOW, THEREFORE, be it resolved by the City Council of the CITY
OF BOYNTON BEACH, FLORIDA that the offer of the Florida State Road
Department to lease to the CITY OF BOYNTON BEACH the property
particularly described in the above-referred-to lease agreement is hereby
accepted and the Mayor and City Clerk are hereby authorized to execute
subject agreement on behalf of the CITY.
PASSED AND ADOPTED this // day of
A.D. 1966.
CITY OF BOY~NTON BEACH, FLORIDA
Mayor
~ .... Vice - Ma~"
//~ ' Councilman
' ' / Ccuncil in,,//
' Counci
)corp. seal)
LEASE AGREEMENT
THIS LEASE'AGREEMENT, made and entered into this ~
day of , 1966~ by and between the STATE ROAD
//
DEPARTME~OF FLORIDA, a component agency of the State of
Florida, hereinafter called the Lessor, and the CiTY OF BOYI~TON
BEACH, FLORIDA, a political subdivision, hereinafter called the
Lessee;
WITNES SETH:
Shat the Lessor does hereby lease and let unto the
Lessee the following portio~ of right of way for State Road 5
for the purpose of construction and maintenance of a public
welcome station and facility, more particularly described as
follows, to wit:
That part of a pargel of land in Government Lots 2
and 3 in Section 22, T45S, R43E which lies North of
the Boynton Canal, south of a line 785.70 feet south
of the North line of said Section 22, East of the
F.E.C. Railroad right of way and West of State Road 5~
said part of a parcel of land being more particularly
described as follows:
Commence at the intersection of the North right of way
line of the Boynton Canal with the West line of said
'Section 22, said intersection being 1406.97~f~et~south
00°57'47'' East of the Northwest corner of said Section
22; thence run South 89°25'15'' East on said North
Canal line a distance of 173.14 feet to the East right
of way line of the F.E.C. Railroad right of way and the
point of beginning; thence continue South 89°25'15"
East a distance of 44.76 feet; thence North 03°24'00''' ~
East a distance of 40.29 feet to the beginning'of a
curve to the right; uhence Northeasterly on said curve
having a central angle of 00°19'59'' and a radius of
7694.49 feet an arc distance of 44.71 feet to the end
of said curve; thence South 86°16'01'' East a distance
of 5.00 feet to the beginning of a curve concave South-
easterly and having a tangent bearing of North 03°43'59''
East through said point; (the afored~cribed 5.00 foot
described curve~)~ ~hence Northeasterly on said curve
having a central angle of 04000'50'' and a radius
of 7689.49 feet a distance of 538.69 feet to the end
of said curve; thence North 89°25,08" West a distance
of 19.42 feet to the aforementioned Easterly right of
way line of th~F..E.C. Railroad Right of Way; thence
South 08°12'00'' West on said Easterly right of way
line a distance of 626.57 feet to the point of beginning.
TO HAVE AND TO HOLD the same for the period not to
exceed one. (1) year, commencing on the.. 'day of
1966, and ending on the
day of , 196--,
paying therefor rent of One Dollar per. year, payable in advance
to Lessor.
The Lessee hereby covenants and agrees'with Lessor that
it will:
1. Pay said rent at the time and place and in the
manner aforesaid.
2. Not assign this Lease, nor underlet said premises,
nor any part thereof,,without the written consent of the Lessor.
3.. Not use said propertI, for any commercial purpose
whatsoe~er.
4. Lessee agrees to maintain the premises in a suitable
mannerand any improvements made upon the leased property s~all
be at the expense of the Lessee, which improvements shall be
removed upon the termination of the leas'e at its option.
5. It is agreed that Lessee may beautify the property
at its expense.
6.. Lessee agrees to indemnify, defend, save and hold
harmless the Lessor from and against any loss, damage and liability
occasioned'by, growing 'out of, arising or resulting from this
Lease, or in addition from any tortious or negligent act on the .
part of the Lessee, it9 agents, servants or employees.
the Lessee that if during the term hereof, the demised premises
-- 2 --
or any part thereof shall be required by Lessor for any lawful
purpose, particularly including the use thereof for highway pur-
poses, then, in that event, the Lessor may, upon 30 days' written
notice to Lessee, terminate this Agreement and said property shall
be delivered up to the Lessor in the same condition as it now is.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed, the day and year first above
written.
WITNESSES:
STATE ROAD DEPARTMENT OF FLORIDA
BY:
Executive Director
As to the Lessor
ATTEST: (SEAL)
Secretary
As to the Lessee
STATE OF FLORIDA
COUNTY OF LEON
CITY OF BOYNTON BEACH,' FLORIDA
Mayor
BEFORE ME, the undersigned authority, this day personally
appeared RALPH DAVIS and F. K. STRICKLAND, Executive Director and
Secretary, respectively, Of the State Road Department of Florida,
known to me to be the persons whose names are subscribed to the
foregOing instrument, and acknowledged to me that they executed the
same for the purposes therein expressed, as the act and deed of said
State Road Department of Florida, and in the capacity therein sta~ed.
1966.
WITNESS my hand and seal this
day of ,
(NOTARIAL SEAL)
Notary Public - State of Florida at Large
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
appeared .... , and ....
- 3 -
Mayor and City Clerk, respectively, of the City of Boynton Beach,
Florida, known to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that they
executed the same for the purposes therein expressed, as the act
and deed of said Florida State Road Department, and in the capacity
therein stated.
1966.
WITNESS my hand and seal this
day of ,
(NOTARIAL SEAL)
Notary Public - State of Florida at Large
My Commission Expires: