R96-146RESOLUTION NO. R96-/v,/-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND FLORIDA EAST
COAST RAILWAY COMPANY.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on October 16, 1990, the City and Florida East Coast Railway
Company (FEC) entered into a Lease Agreement; and
WHEREAS, the City Commission deems it to be in the best interests of the
residents and citizens of the City of Boynton Beach to enter into an Agreement with
Florida East Coast Railway Company, which will supersede their previous Agreement,
which will expand the use to include beautification, parking and street encroachment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each. Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor and City Clerk to execute a Lease between the City of
Boynton Beach and Florida East Coast Railway, said Lease being attached hereto as
Exhibit "A".
Section 3.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this ~ day of October, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice
ATTEST:
City~lerk
Commissioner
Commissioner
~Commissioner
(Corporate Seal)
Autflsig.doc
C/Mgr. Search
8/15196
.... Boynton Beach
100 E. Boynton Beach Boulevard
P.o. Box310
Boynton Beach, Florida 33425-0310
C~t-y HaK: (407) 375-6000
FAX: (407) 375-6090
October 14, 1996
M. O. Bagley, Manager
FLORIDA EAST COAST RAILWAY COMPANY
ONE MALAGA STREET
P O DRAWER 1048
ST. AUGUSTINE FL 32084
RE: RESOLUTION #R96-146
Dear Mr. Bagley:
Attached please find two copies of Resolution #R96-146 and two original agreement
packets which include maps. This resolution was approved at the City Commission
meeting held on October 2, 1996.
Please remm~__q.~ompletely signed document to me for Central Files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
mas/
s/cc/wp/ltr
America's Gateway to the Gulfstream
Boynton Beach
100 E. Boynton Beozh Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
City Hall: (407) 375-6000
FAX: (407) 375-6090
October 14, 1996
M O. Bagley, Manager
FLORIDA EAST COAST RAILWAY COMPANY
ONE MALAGA STREET
P O DRAWER 1048
ST. AUGUSTINE FL 32084
RE: RESOLUTION #R96-146 }
Dear Mr. Bagley:
Attached please find two copies of Resolution #R96-146 and two original agreement
packets which include maps. This resolution was approved at the City Commission
meeting held on October 2, 1996.
Please return one completely signed document to me for Central Files.
If you have any questions concerning this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
mas/
s/cc/wp/Itr
America's Gateway to the Gulfstream
BOYNTON BEACH:
FLORIDA EAST COAST
ONE ,MALAGA STREET, P. O. BOX l
III.
CONSENT AGENDA
C.2
cc: Rec, Eng
Finance
Telephone (904) 826-2269
September 17, 1996
File: 312-4-28
FAX (9O4) 826-2322
City of Boynton Beach ~F~ --//~7/~
Lease of Space. for Beautification, Parking and Street Encroachment
iMP 310 to MP 316'~
Mr. J. Scott Miller, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Miller:
In accordance with our recent discussions wkh the City of Boynton Beach, enclosed for your
handling for execution are duplicate odghm!s of Lease Agreement covering captioned lease of space,
which cancels and supersedes previous agreement dated October 16, 1990. We have expanded the
use to include beautification, parking and street encroachment, however, the annual rental remains
unchanged at $500.00, plus Florida Sales and Use Tax if applicable.
Kindly handle for execution in accordance with instructions attached to the agreement, returning the
duplicate originals to this office for completion, after which one fully executed agreemeat will be
returned to you for your file.
Your prompt handling and return is requested·
MOB/ver
Encls.
Sincerely yours,
M. O. Bagley, Manage~
- Industrial Development ~ Real Estate
RECE/VED
CITY MA ' --
· .NAt~=p~ ,.,~ OFFICE
RESOLUTION NO. R96- / ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY FLORIDA,
AUTHORIZ ITY CLERK TO
:MENT BETWEEN THE
CITY OF 'BOYN ',IDA EAST
~; AND PROVIDING AN
WHEREAS, on October 16, 1990, the City and Florida East Coast Railway
COmpany (FEC) entered into a Lease Agreement; and
WHEREAS, the City Commission deems it to be in the best interests of the
residents and citizens of the City of Boynton BeaCh to enter into an Agreement with
Florida East Coast Railway Company, which will supersede their previous Agreement,
which will expand the use to inclUde beautification, parking and street encroachment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.~. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida do
hereby authorize the Mayor and City Clerk to execute a Lease between the City
Boynton Beach and Florida East Coast' Railway, said Lease being attached hereto
Exhibit "A".
Section 3.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this
day of October, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
THIS LEASE, is effective this day of A.D. 19 , by
and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and
CITY OF BOYNTON BEACH, a Municipal Corporation of the State of Florida, whose address
is P.O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter called "Lessee",
WITNESSETH:
That in consideration of the covenants herein contained to be kept and performed, Railway
does hereby lease to said Lessee the following described property:
All that portion of Railway's right of way lsing within the corporate lirnites of the City
of Boynton Beach, Florida, which is more than twenty-five feet from the centerline
of the northbound main track, as shown in yellow on Drawing Nos. F64a, F64b and
F64C, excepting those parcels leased to others shown in red on said drawings,
attached hereto and made a part hereof.
525-7
age I
File: 312-4-28
THIS LEASE, is effective this day of A.D. 19 , by
and between FLORIDA EAST COAST RAII~WAY COMPANY, hereinat~er called "Railway" and
crrY OF BOYNTON BEACIt, a Municipal Corporation of the State of Florida, whose address
is P.O. Box 310, Boynton Beach, Florida 33425-0310, hereinafter called "Lessee",
WI~.TNE SSETH:
That in consideration of the covenants herein contained to be kept and performed, Railway
does hereby lease to said Lessee the following described property:
All that portion of Railway's right of way lying within the corporate limites of the City
of Boynton Beach, Florida, which is more than twenty-five feet from the centerline
of the northbound main track, as shown in yellow on Drawing Nos. F64a, F64b and
F64C, excepting those parcels leased to others shown in red on said drawings,
attached hereto and made a part hereof.
File: 312-4-28
Page 1
TO }lAVE AND TO ItOLD the hereby leased property:
For the term of one (1) year from the effective date hereof subject to renewal as provided in
LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS:
An annual rental of $500.00, plus Florida Sales and Use Tax if applicable, payable in cash
upon the execution and delivery of this lease, the same amount in cash in advance for
initial and renewal terms are payable
in cash on the
waiving such demand.
LESSEE AND: RAILWAY' COVENANT AS FOLLOWS:
A.' In the event 0ftermination of this lease by Railway before the expiration of the initial or
any renewal terms, any rental paid in advance unearned shall be returned to Lessee; less any amounts
owing to Railway under this lease.
B. That none of the provisions hereof shall be waived or modified, except by Railway, or by
mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor
subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that
this lease constitutes the entire understanding of the parties and that neither the failure of the Railway
to enforce each and every provision, nor any course of conduct by the Railway shall be considered
as a waiver of these provisions.
C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any
time by the giving of notice to the other party as hereinatSer provided. If this lease is for a term of
one or more years, then 30 days prior notice in writing of the intention of the party to terminate this
lease shall be given to the other party. If this lease is for ~y term less than one year, then 10 days
prior notice in writing of the intention of the party to terminate this lease shall be given to the other
party; PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or
breach of lessee by. giving 2 days notice in writing of such termination to the lessee. Any notice of
termination shall be delivered to the other party by placing such notice in the United States mail with
sufficient postage directed to the other party's post office address, either as last furnished to the
terminating party or as otherwise known to it.
D. If Lessee holds over and remains in possession of the hereby leased property after the
expiration of the term specified in this lease, or any renewals of such term, this lease shall be
considered as renewed for one (1) year, subject to the same terms and conditions as herein contained
in this lease. That Lessee shall have no -expectation of renewal and that the term of this lease is only
Page 2
for the time specified herein, subject always to the termination provisions and regardless of the length
of time that Lessee has occupied the leased property, or the construction by Lessee of any buildings,
structures, works, paving, barricades or personal property placed thereon.
E. That if any provision or provisions of this lease shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
F. That Lessee shall use the leased propen-y only for:
Beautification, Parking and Street Encroachment
AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS:
1. To keep the leased property and any buildings or other structure, now or hereafter erects, ed
thereon, in good condition and repair at Lessee's own expense during the existence of this lease, ~nd
to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris
of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway
shall have no duty to inspect or maintain any of the leased property, buildings, or other structures,
if any, during the term of this lease.
2. To vacate, quit and deliver up the leased property on or before any termination date of this
lease in as good condition as it is now.
3. Not to erect or cause to be erected any building or other structure, or any addition to
existing buildings or structures on the leased property without first obtaining the approval in writing
by Railway of the location, material and construction of the same.
4. Not to sublet the leased property or any part thereof, nor assign this lease, without the
consent in writing of Railway, this lease being executed by Railway upon the credit and reputation
of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an
assignment.
5. Not to take any action or allow any action to be taken by third parties which will interfere
with or disparage Railway's tire to the leased property.
6. Not to permit the use of the leased property in any manner that will Obstruct or interfere
with the operation of the Railway, or use of its property.
7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased
property or premises, or any use disapproved by Railway.
Page 3
8. To the extent allowed by law,' and subject to the limitatiOns of Florida State: Statutes
768.28, to indemnify, save and hold harmless Railway, its agems, servants and employees from and
against all loss may suffer,
sustain or i ; death,
and officers
use
its
indemnify,
loss, claims,
in any manner to
of Lessee,
well as on account
whether owned
9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to
harmless servants and employees from and against all
md judgmems, which they may suffer, sustain or
may be held liable on account of any loss or damage caused
structures, works and any personal property whatsoever
.on, in Or near the Property or premises hereby leased, as
t whatsoever, not oWned by Lessee,
leasing to
joint negligence of Railway, its employees, agents or servants or otherwise.
10. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28,
to indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and
environmental cleanup costs arising from Lessee's: presence upon or use of the leased premises which
causes the Premises to become contaminated by toxic or hazardous substances or wastes above levels
which exc~xt the allowable levels as set forth in local, state or federal laws and regulations. ~lway
shall have the fight, at reasonable times during the term of this Lease, upon prior notice ~o Lessee and
accompanied by a ',except in cases of emergency) to enter the leased
property, including
purpose
compliance Lease.
11. To be responsible for and pay Railway the actual cost and expense Railway may incur in
paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools,
machinery, freight or other property whatsoever, either oWned or in possession of Railway, lost or
damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee.
12. To perform, at the sole expense of Lessee, all work required in the preparation of the
property or premises hereby leased for occupancy by Lessee, in the absence of any special provision
herein contained to the comrary; and Lessee does hereby accept the leased property or premises as
now being in fit and tenantable condition for all purposes of Lessee.
Page 4 ~
13. To pay, within thirty (30) days after presentation unto Lessee by Railway of bills for the
same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature
levied by the United States of America, State of Florida, any county, municipality or special taxing
district organized and existing under the laws of the State of Florida, upon any of the property or
premises herein leased. All taxes and special assessments, payable on an: annual basis, are to be pro-
rated by the parties hereto for the year during which this lease is made, as well as the year in which
the same may be terminated.
14. To pay in the same manner as provided in Paragraph 13 hereof, the amount of any
necessary documentary stamp taxes required to be affixed to this lease under the laws of the United
States of.Sauerica, the State of Florida, or both.
15. To
days
property or premises~
)on bills presented unto Lessee by Railway within thirty (30)
all bills for electricity for lighting or power, gas, water, telephone
proportionate part of the same used by Lessee upon or in the leased
16. That it will indemnify, save and hold hannless Railway from any loss, claim or damage
which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning
or other regulations promulgated bY any governmental agency which may adversely affect use by
Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring
resolution, order, permit, consent or other such regulation,
whatsoever, for building or otherwise, required for the use
of the described or for the construction of any facilities upon such premises.
17.: That it shall not permit others to use the whole or any part of the leased property or
premises, except under and m compliance wtth the terms and conditions of this leas, and Lessee shall
hold Railway harmless as ito any such use.
18. That none of the provisions of Paragraph "A" herebf shall be'cOnstrued as any waiver by
Railway of anY landlord's lien or liens of Railway upon any personal property, buildings or structures
of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove
any such sU'u~ buildings or personal property from the hereinabove described premises, unless
and until all rentals and any other sum of money herein specified to be paid the Railway shall have
been fully paid unto Railway.
19. That Lessee shall remove any buildings, structures, works or personal property upon the
leased property or premises, including any such items placed upon the leased property or premises
subsequent to the date of this lease on or before any termination date of this lease, upon request from
the Railway to do so, and in default thereof; such property shall become the property of the Railway.
PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby
Page 5
leased property or premises and/or storage thereof, and storage of any of Lessee's property and
property of others, placed by or with Lessee's permission or sufferance on the hereby leased property ·
or premises. The reasonable cost or expense of removal and/or Storage of any buildings, structures,
works or personal property shall be Paid by Lessee unto Railway forthwith upon demand for same .......
20. have
such
or ~
leased
sale;
21. That it is expressly agreed by
of bills
compounded annually from
expressly agreed that in the
enforcement of any of its rights under the
the laws
annum
s 'further
for the
that
of this
23. That, at its expense, it will install and
surface water,
governmental
of
Lessee's
other
24. Should any portion of the property described in this lease be used for the loading,
unloading or Storage of~a~rdous materials, the Lessee shall (1)be solely for ascertaining
that local, state and federal laws, ordinances and regulations do unloading
or storage of hazardous materials on the leased property and (2 between the
Railway and the Lessee, for complying with all of the foregoing laws,
which affect or regulate the loading, unloading on this
leased property.
25. It is understood between the parties .hereto that Railway reserves umo itselfi its
successors, pennittees, licensees, or other persons, the right to construct and maintain other facilities,
including but not limited to, pipelines and/or communication cables, over and across the Railway's
affected herein leased property, and further, that Lessee shall take no measures to interfere with the
Page 6
construction or maintenance of said facilities and shall at all times allow ingress and egress to the
herein leased property by said successors, permit-tees, licensees or other persons.
26. Lessee will do no grading on said leased ground space that will in any manner imerfere
with the Railway's roadbed or other facilities.
27. Lessee is specifically notified that its personnel may be working in an area containing
buried active fiber-optic transmission cables as well as other cables and other facilities. Great care
will be taken by the Lessee to ensure that no damage is done to those cables and facilities. However,
ifa cable or other facility is damagedgr, cut, Lessee agrees to indemnify Railway for any monetary
damages which may result.
28. Lessee agrees that no plants, shrubbery, or other vegetation that would obstruct the view
of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains,
will be placed on the above described property; in addition to the above restriction, no plants,
shrubbery or other vegetation having a height of more than two feet (2') will be placed within two
hundred fit~ feet (250') of any at grade street crossing, and if such vegetation exceeds two feet (2')
in height, the Railway may trim such vegetation to a two foot (2') height at Lessee',q expense; that said
plants, shrubbery or other vegetation shall be trimmed by the Lessee so as to maintain a distance from
the cemerline of the nearest track of twenty-five feet (25') and if such vegetation is closer than
twenty-five feet (25') from the centefline of the nearest track, the Railway may trim or remove such
vegetation so that no vegetation is within twenty-five feet (25') of the centerline of the nearest track
at Lessee's expense. However, this restriction in no way limits the indemnification provisions of this
lease as set forth in Paragraphs 8 and 9 hereof. Also, no plants, shrubbery or other vegetation of a
hazardous nature that might produce injury to any person coming in contact with said plants,
shrubbery or other vegetation will be placed upon said property of Railway by the Lessee. The
placement of any wells by the Lessee on the property of the Railway is strictly prohibited.
29. Lessee recognizes ownership of said property by the Railway and Lessee has no imention
of s~tting up any claim of ownership to the herein leased properties.
30. Lessee shall, at its sole cost and expense, install, maintain, and/or replace such barricades
and bumping blocks, as required by the Railway, to prevent automobiles from being parked or rolling
beyond the space hereby leased. In the event Lessee does not maintain, and/or replace said barricades
or bumping blocks to prevent automobiles from being parked or rolling-beyond the space hereby
leased within thirty (30) days after notification by Railway, then, in that event, this lease agreement
shall be canceled and Lessee shall immediately vacate, tho:property.
31. This agreement cancels and supersedes that certain Lease Agreement by .and between the
parties heretO, dated October 16, 1990,' covering the hereinabove described property.
IIIIII1
Page 7
IN WITNESS WItEREOF, the parties hereto have caused these presents to be duly
executed under the seal.
Signed, sealed and delivered
in the presence of:
FLORIDA EAST COAST RAILWAY
COMPANY, a Florida Corporation
Witnesses as to Railway
By:
C. F. Zellers, Jr., President
Attest:
Mary C. Mueller, Assistant Secretary
Date of Execution:
Witness aifl0 Lessee"
ut'Print Name) ~ P~t-/~ ,~z~//k/~--
itness a~ Lessee
~hnt N~e).
CITY OF BOYNTON BEACH
a Municipal Corporation of the State of Florida
yor ~ /
~4~ttest: k.~ ~ i ,
' Ci~y~erk
Page 8
2/'Date of Execution: /~h/~
pproved as to Form
IN WITNESS WltEREOF, the parties hereto have caused these presents to be duly
executed under the seal.
Signed, sealed and delivered
in the presence of.
FLORIDA EAST COAST RAILWAY
Witnesses as to Railway
By:
C. F. Zellers, Jr., President
(SEAL)
Attest:
Mary C. Muetler, ASsistant Secretary
Date of Execution:
CITY OF BOYNTON BEACH '~
a Municipal Corporation of the State of Flor~da
~tness as to Lessee
(Print Name)
~-.-By: (SEAL)
Mayor
(Print Name)
Witness as to Lessee
(Print Name)
Attest:
City Clerk
(Print Name).
Date of Execution:
Approved as to Form:
Page 8