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.