HomeMy WebLinkAbout2009-323 Prepared by . Z
DAtid lFxt , Roach
Florida Inland Navigation District B
1314 Marcinski Road
Jupiter , FL 33477c, ca � � 3 Z3
561 - 627 - 3386 FLORIDA INLAND NAVIGATION DISTRICT
Return to : AND
COUNTY ATTORNEY' S OFFICE THIS THIS DOCUMENT HAS BEEN
INDIAN RIVER COUNTY RECORDED IN THE PUBLIC OF INDIAN RIVER COUNTY FL
ECORDS
180127th Street INDIAN RIVER COUNTY BK: 2398 PG : 16161 Pagel of 22
Vero dewhi Florida 112960 02/09/2010 at 10:50 AM ,
LEASE AGREEMENT JEFFREY K BARTON , CLERK OF COURT
This LEASE AGREEMENT (" LEASE ") is made and entered into this (s"V day
of 4rov s t�. c-1 201; between "the Parties " , the Florida Inland Navigation DISTRICT, an
independent special district existing under the laws of the State of Florida (the " DISTRICT") ,
and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , (the " COUNTY") ,
WITNESSETH :
WHEREAS , DISTRICT is the owner in fee simple of a parcel of land in Indian River
County , Florida , designated as Dredged Material Management Area IR- 1413 which will be used
by DISTRICT and the United States for the improvement and maintenance of the Intracoastal
Waterway from Jacksonville to Miami , Florida , and the DISTRICT holds title subject to a future
easement that will be granted by it to the United States of America for such use ; and
WHEREAS , the DISTRICT and the COUNTY desire to provide benefits to the citizens of
the COUNTY and others by providing passive recreational opportunities ; and
WHEREAS , COUNTY desires to lease from DISTRICT a portion of Dredged Material
Management Area IR- 1413 , a description of which is attached hereto as Exhibit "A" and made a
part hereof, for passive recreation purposes subject to said rights of DISTRICT and the future
rights and easement of the United States of America and to the terms and conditions of this
LEASE ; and
WHEREAS , DISTRICT desires to collaborate with the COUNTY in the proper use and
Prepared by :
DAVid 't;". Roach B
Florida Inland Navigation District
1 31 4 . Marcinski Road 2 .3
Jupiter , FL 33477
561 - 627 - 3386 FLORIDA INLAND NAVIGATION DISTRICT
Return to : AND 2045980
COUNTyATTORNEY' S OFFICE THIS DOCUMENT HAS BEEN
INDIAN RIVER COUNTY RECORDED IN THE PUBLIC RECORDS
OF RIVEROUNTY FL
1801 27th Street INDIAN RIVER COUNTY BK: INDIAN 2398 PGA616C agel of 22
Ver® Bpmh , Fieride 22960 02/09/2010 at 10:50 AM ,
LEASE AGREEMENT JEFFREY K BARTON , CLERK OF COURT
This LEASE AGREEMENT ( " LEASE ") is made and entered into this Iday
0
of 2Q9, between "the Parties " , the Florida Inland Navigation DISTRICT , an
independent special district existing under the laws of the State of Florida (the " DISTRICT") ,
and INDIAN RIVER COUNTY , a political subdivision of the State of Florida , (the " COUNTY") .
WITNESSETH :
WHEREAS , DISTRICT is the owner in fee simple of a parcel of land in Indian River
County , Florida , designated as Dredged Material Management Area IR- 14B which will be used
by DISTRICT and the United States for the improvement and maintenance of the Intracoastal
Waterway from Jacksonville to Miami , Florida , and the DISTRICT holds title subject to a future
easement that will be granted by it to the United States of America for such use ; and
WHEREAS , the DISTRICT and the COUNTY desire to provide benefits to the citizens of
the COUNTY and others by providing passive recreational opportunities ; and
WHEREAS , COUNTY desires to lease from DISTRICT a portion of Dredged Material
Management Area IR- 1413 , a description of which is attached hereto as Exhibit "A" and made a
part hereof, for passive recreation purposes subject to said rights of DISTRICT and the future
rights and easement of the United States of America and to the terms and conditions of this
LEASE ; and
WHEREAS , DISTRICT desires to collaborate with the COUNTY in the proper use and
management of DISTRICT' s property ; and
WHEREAS , DISTRICT is of the opinion that such use by the COUNTY pursuant to the
provisions of this LEASE is in the public interest ; and
WHEREAS , DISTRICT is agreeable that this LEASE should be executed for a limited
term at a nominal rental subject to the terms and conditions stated herein .
NOW THEREFORE , in consideration of the promises and mutual covenants and
agreements contained herein , the receipt and sufficiency of which is hereby acknowledged , it
is agreed by the parties hereto :
1 . RECITALS : The recitals contained herein above are true and correct and
incorporated herein by reference .
2 . LEASE : DISTRICT hereby leases to the COUNTY the property hereinafter
known as the " Leased Premises " as described in paragraph 4 below , subject to the terms and
conditions set forth herein .
3 . PROJECT MANAGEMENT : The Project Manager for the DISTRICT is its
Executive Director and all correspondence and communications from the COUNTY shall be
directed to him/her . The Project Manager shall be responsible for overall coordination and
oversight on behalf of DISTRICT related to the performance of this lease .
4 . DESCRIPTION OF THE PREMISES : The Leased Premises is situated in
Indian River County , State of Florida , as described in Exhibit "A" , attached hereto and made a
part of this LEASE . In general the Leased Premises is a strip of land consisting only of an
existing dike system around a wetland mangrove area on District property known as IR- 146 .
5 . EXISTING CONDITIONS : The COUNTY agrees to accept the Leased Premises
in " as is " condition subject to any existing easements and deed restrictions that may be placed
on the Leased Premises by the DISTRICT or others with DISTRICT approval .
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6 . TERM : The term of this LEASE shall be for an initial thirty ( 30 ) year period
with one ( 1 ) option to renew for a twenty-five ( 25 ) year extension . Rent shall be one ( 1 ) dollar
per year and shall be paid in advance . Prepayment of the rent shall not affect in any way the
DISTRICT' s rights under paragraph 24 below . The initial period shall commence on the date
of execution , and continue for a period of thirty ( 30 ) years . A second term of twenty-five (25 )
years shall automatically commence absent written notice of termination by the DISTRICT or
the COUNTY at least ninety ( 90 ) days prior to the end of the initial term .
7 . PURPOSE : COUNTY shall manage the Leased Premises solely to provide a
pathway or trail for passive public outdoor recreation .
8 . QUIET ENJOYMENT AND RIGHT OF USE : COUNTY shall have the right of
ingress and egress to , from , and upon the Leased Premises for all purposes consistent with
paragraph 7 above that do not conflict with the DISTRICT' s and the United States of America ' s
Dredge Material Management Program .
9 . UNAUTHORIZED USE : COUNTY shall , through its agents and employees ,
make every reasonable effort to prevent the unauthorized use of the Leased Premises or any
use thereof not in conformance with this LEASE .
10 . ASSIGNMENT : This LEASE shall not be assigned , except as noted in
Paragraph 13 , in whole or in part without the prior written consent of DISTRICT . Any
assignment made either in whole or in part without the prior written consent of DISTRICT shall
be void and without legal effect ,
11 . PLANS : The terms of this LEASE shall guide the passive recreational use
and the associated management of the Leased Premises in accordance with the schedule and
methodology stipulated below .
A , DEVELOPMENT PLAN : The COUNTY will develop a passive recreational
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pathway or trail plan for the Leased Premises . This plan will be reviewed and approved by the
DISTRICT prior to the solicitation for contractors for the preparation of the COUNTY passive
recreational pathway or trail for passive public recreational use .
B . COUNTY PLAN FOR PASSIVE RECREATIONAL PATHWAY OR TRAIL :
COUNTY shall develop and implement , subject to approval by the DISTRICT , an
Operational Management Plan ( OMP ) for the property . The OMP shall provide general
background data on the property , contain information on the properties resources , set
forth general and specific management goals , objectives and guidelines and outline the
specific procedures , funding requirements , staffing levels and management practices
necessary for their accomplishment . The OMP shall be submitted by the COUNTY to
the DISTRICT at the same time as the development plan is submitted .
The OMP shall be submitted for approval to the DISTRICT' S Board of
Commissioners . In the event the parties are not able to come to agreement on the
OMP within one hundred eighty ( 180 ) days of submittal , this shall be sufficient cause
for either party to terminate the LEASE pursuant to Paragraph 26 below . The Leased
Premises shall not be developed or physically altered in any way without the prior
written approval of DISTRICT until the OMP is approved . The COUNTY shall not
proceed with development of said Leased Premises until the OMP required herein has
been submitted and approved by DISTRICT' S Board .
After the COUNTY pathway has been constructed , the COUNTY and the
DISTRICT will meet at least once annually to review and discuss the management
activities authorized by this OMP and to agree to any changes in the OMP and/or
additional rules and regulations governing public use of the lands covered by the OMP
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that may be deemed appropriate . The COUNTY shall prepare and submit for
discussion at the annual meeting a_yearly summary report to include :
1 . COUNTY' S management program and activities on the property .
2 . Status of visitor use .
3 . Review of special problems and concerns encountered over the
previous year .
The approved OMP shall provide the basic guidance for all management
activities and shall be reviewed jointly by DISTRICT and COUNTY during the annual
meeting and updated as necessary . The COUNTY shall not use or alter the Leased
Premises except as provided for in the approved OMP without the prior written approval
of DISTRICT .
C . DISTRICT SITE MANAGEMENT PLAN : The DISTRICT and the U . S . Army
Corps of Engineers will utilize and operate the site during Intracoastal waterway dredging
operations in accordance with Exhibit " B " which may be amended from time to time without
prior notice to COUNTY .
12 . EASEMENTS : This LEASE is for the purposes specified herein , and
easements of any nature are prohibited without the prior written approval of DISTRICT .
Any easement not approved in writing by DISTRICT shall be void and without legal
effect .
13 . SUBLEASES : This LEASE is solely for the purposes specified herein , and
subleases of any nature are prohibited without the prior written approval of DISTRICT . Any
sublease not approved in writing by DISTRICT shall be void and without legal effect . However ,
the DISTRICT acknowledges that the COUNTY intends to enter into an agreement with the
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Indian River Land Trust to develop and manage the Leased Premises . This sub - lease and any
other approved sub - leases shall contain this LEASE as an attachment and the sub - lease shall
require that the sub - lessee abide by all conditions of this LEASE .
14 , RIGHT OF INSPECTION : DISTRICT or its duly authorized agents ,
representatives or employees shall have the right at any and all times to inspect the Leased
Premises and the works and operations of COUNTY in any matter pertaining to this LEASE .
15 . PLACEMENT AND REMOVAL OF IMPROVEMENTS : All structures ,
improvements , and signs , if any , associated with the Leased Premises shall be constructed at
the expense of COUNTY and /or DISTRICT in accordance with the park development plan and
the OMP approved by the DISTRICT . Further , no trees , other than non - native species , shall
be removed or major land alterations done without the prior written approval of DISTRICT . No
permanent equipment or non - removable improvements shall be placed on the Leased
Premises by COUNTY ; provided , however , the DISTRICT and the COUNTY agree to
cooperate with regard to and coordinate the placement of park benches , regulatory signage ,
and other similar types of objects that are typically associated with passive recreational uses
within the Leased Premises ; provided , further , however , that the DISTRICT' s determination
relative to such placement shall be conclusive and final . Removable equipment and
removable improvements placed on the Leased Premises by COUNTY which do not
become a permanent part of the Leased Premises will remain the property of COUNTY
and may be removed by COUNTY upon termination of this LEASE , pursuant to
Paragraph 27 below .
16 . INDEMNITY BY COUNTY : To the extent and limits permitted by Florida law ,
COUNTY hereby covenants and agrees to investigate all claims of every nature at its own
expense , and to indemnify , protect , defend , and hold and save harmless the DISTRICT from
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any and all claims , bodily injury , personal injury , property injury , actions , lawsuits and demands
of any kind or nature arising out of any action taken by the County or its sub - lessee as related
to this Lease or the COUNTY ' s use of the Leased Premises . Nothing contained herein shall
be construed as a waiver of sovereign immunity enjoyed by the parties hereto , as provided in
Section 768 . 28 , Florida Statutes , as amended , or any other law providing limitations on claims .
Further , nothing herein shall be construed as a waiver of the limitations on liability enjoyed by a
landowner providing land to . the public for outdoor recreational purposes , provided in Section
375 . 251 , Florida Statutes .
17 , INSURANCE :
A . The COUNTY shall procure and maintain , throughout the term ( including any
extended term ) of this LEASE , Worker' s Compensation insurance as may be required by
Florida law . The COUNTY shall provide an insurance certificate demonstrating such coverage
prior to the commencement of this LEASE . The Worker' s Compensation insurance policy
required by this LEASE shall also include Employer' s Liability . The COUNTY shall require all
COUNTY contractors working on the Leased Premises to procure and maintain Worker' s
Compensation insurance .
B . The COUNTY shall procure and maintain , through the term of this LEASE ,
comprehensive general liability insurance or be self- insured under Florida law (the " policy" ) .
This policy shall provide coverage for death , personal injury , or property damage that could
arise directly from the performance of this LEASE . The policy shall have minimum limits of
$ 1 , 000 , 000 . 00 per occurrence , combined single limit for bodily injury liability and property
damage liability . This minimum limit may need to be reviewed and increased during the
life of this lease . This shall include the following endorsements :
i . premises and operations ;
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ii . independent contractors ' ;
iii , products and completed operations ; and
iv . contractual liability
C . The COUNTY shall provide insurance certificates as proof of insurance prior to
the commencement of performance . All such insurance shall name the DISTRICT , its
commissioners , officers , and employees ( and the United States of America once the
DISTRICT has conveyed an easement to the United States of America ) as additional insureds ,
and shall be written by a financially sound company which shall be acceptable to the
DISTRICT and authorized to do business in the State of Florida . The policy shall contain a
provision requiring the certificates to shall be countersigned by a registered Florida insurance
agency or broker. The insurance certificate shall contain a clause that the insurer shall
endeavor to notify the DISTRICT at least thirty ( 30 ) Days prior to cancellation or modification of
any insurance policy required by this LEASE .
18 , PAYMENT OF TAXES AND ASSESSMENTS : COUNTY shall assume full
responsibility for and shall pay all taxation liabilities that accrue to the Leased Premises and/or
to the improvements thereon , including any and all ad -valorem taxes and drainage and special
assessments or taxes of every kind which may be hereafter lawfully assessed and levied
against the Leased Premises .
19 . NO WAIVER OF BREACH : The failure of DISTRICT to insist in any or
more instances upon strict performance of any one ( 1 ) or more of the covenants , terms and
conditions of this LEASE shall not be construed as a waiver of such covenants , terms
or
conditions , but the same shall continue in full force and effect , and no waiver of DISTRICT of
any of the provisions hereof shall in any event be deemed to have been made unless the
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waiver is set forth in writing and signed by DISTRICT .
20 , NON - DISCRIMINATION : COUNTY shall assure and certify that it will comply
with Title IV of the Civil Rights ACT of 1964 ( PL 88 - 352 ) as amended and , in accordance with
that Act , shall not discriminate against any individual ' s race , color, creed , sex , national origin ,
age , handicap , or marital status with respect to any activity occurring within the Leased
Premises or upon lands adjacent to and used as an adjunct of the Leased Premises .
21 . UTILITY FEES : COUNTY shall be responsible for payment of all charges for
the furnishing of gas , electric , water and other public utilities to the Leased Premises and for
having the utilities turned off when the Leased Premises are surrendered .
22 . COMPLIANCE WITH LAWS : COUNTY agrees that this LEASE is contingent
upon and subject to COUNTY obtaining all applicable permits and complying with all
applicable permits , regulations , ordinances , rules , and laws of the State of Florida or the
United States of America or of any political subdivision or agency with jurisdiction over the
Leased Premises .
23 . NOTICE : All notices given under this LEASE shall be in writing and shall be
served by certified mail to the last address of the party to whom notice is to be given
, as
designated by such party in writing . DISTRICT and COUNTY hereby designate their address
as follows :
TO DISTRICT : Florida Inland Navigation District
1314 Marcinski Road
Jupiter , Florida 33477
Attn : Executive Director
TO COUNTY : Indian River County Government
1801 27th St.
Vero Beach , FL 32960
Attn : Environmental Lands Director
Facsimile transmittals shall not be an acceptable means of providing notice .
9
dk
24 . BREACH OF COVENANTS , TERMS , OR CONDITIONS : Should COUNTY
breach any of the covenants , terms , or conditions of this LEASE , DISTRICT shall give written
notice to COUNTY to remedy such breach within thirty ( 30 ) days of such notice . In the event
COUNTY fails to remedy the breach to the satisfaction of DISTRICT within thirty ( 30 ) days of
receipt of written notice , DISTRICT may either terminate this LEASE and recover from the
COUNTY all damages DISTRICT may incur by reason of the breach including , but not limited
to , the cost of recovering the Leased Premises and attorney ' s fees ; or maintain this LEASE in
full force and effect and exercise all rights and remedies herein conferred upon DISTRICT .
25 , DAMAGE TO THE PREMISES : COUNTY agrees that it will not do , or cause to
be done , in , on , or upon the Leased Premises or as affecting said Leased Premises , any act
which may result in damage or deprecation of value to the Leased Premises , or any part
thereof.
26 . HAZARDOUS MATERIALS : COUNTY agrees that , during the term of this
LEASE , it :
A . Shall keep or cause the Leased Premises to be kept free of hazardous wastes or
substances except those permitted to be utilized in the normal operation of a passive
recreational pathway or trail which substances shall be used only as permitted by law . In no
event shall the COUNTY store or mix any such substances on the Leased Premises .
B . Shall not cause or permit , as a result of any intentional or unintentional act or
omission on the part of COUNTY or any assignees , a release of hazardous wastes or
substances onto the Leased Premises .
C . Shall comply with and ensure compliance by its employees and all others under
its direction with all applicable Federal , State , and local laws , ordinance , rules , and regulations .
D . The terms " hazardous waste " ; " hazardous substance " , " disposal " , " release " , and
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4
"threatened release " , if used in this LEASE , shall have the same meaning as set forth in the
Comprehensive Environmental Response , Compensation , and Liability Act of 1980 , as
amended , 42 U . S . C . Section 9601 , et seq . ( " CERCLA") , the Superfund Amendments and
Preauthorization Act of 1986 , Pub . L . No . 99 -499 ( " SARA ") , the Hazardous Materials
Transportation Act , 49 U . S . C . Section 1801 , et seq . , the Resource Conservation and Recovery
Act , 49 U . S . C . section 6901 et seq . , the Florida Resource and Management Act , Chapter 403 ,
Florida Statutes , the Pollution , Spill , Prevention , and Control Act , Chapter 376 , Florida
Statutes , or any other applicable State or Federal laws , rules , or regulations adopted pursuant
to any of the foregoing .
E . Shall immediately provide DISTRICT with notice of any release or threatened
release of hazardous waste within the Leased Premises . And shall immediately provide
DISTRICT with notice of any injury or action taken by any local , State , or Federal
governmental body with respect to hazardous waste within the Leased Premises .
F . Shall remove any hazardous waste or hazardous substances which exceed
allowable levels in the ground or the groundwater within the Leased Premises .
27 . SURRENDER OF PREMISES : Upon termination or expiration of this LEASE ,
COUNTY , shall surrender the Leased Premises to DISTRICT . In the event no further use of
the Leased Premises or any part thereof is needed , COUNTY shall give written notification to
the DISTRICT at least six (6 ) months prior to the release of any of all of the Leased Premises .
Notification shall include a legal description , this LEASE number , and explanation of the
release . Upon termination or expiration of this LEASE , all structures permanently affixed to
the land , if any , and all improvements made , if any , will become the property of the DISTRICT ;
provided , however , that if any structures are such , in the DISTRICT ' s determination , that they
can be moved without harm to the area where situated then the COUNTY may , within thirty
11
(30) days following the termination rm'nation of th
Leased Premises lease
COUNTY must be left eSsremove the same . Upon final
entiall
' save for in e and tear y the same condition termination , the
DISTRICT
ordinary wear as when first leased
unless otherwise to the
approved in writing by the
28 . BEST MANAGEMENT
PRACTICES ' COUNTY
Management Practices for all activities shall
Rule conducted implement applicable
� 8"20 . 004 , Florida Admin LEASE under this
LEASE in compliance with
approved b ve Code , which have been
y DISTRICT or other land selected
managing agencies for the ' developed, or
Of the Leased Premises .
Protection and enhancement
29 • PROHIBITIONS AGAINST LIENS
Fee title to the Leased Premise OR OTHER ENCUMgRgNCES ;
Premises is held by DISTRICT. COUNTY shall not do
anything to be done which purports to create a lien o ° r permit
Leased Premises including , but not limited tomortgages
or
of any nature against the
, or construction liens against the
Leased Premises or against any interest of DISTRICT therein .
30 . PARTIAL INVALIDITY: If any term , covenant, condition , or provision of this
LEASE shall be ruled by a court of competent jurisdiction to be invalid , void ,
12
order and repair including , but not limited to , keeping the Leased Premises free
litter, meeting all building and safety codes in the location situate of trash or
d , and maintaining the Leased
Premises in accordance with the approved development plan and the OMP
mutually agreed to by the Parties , any removal , closure et As may be
c . , of the above improvements , if
any , shall be acceptable when the proposed activity is consistent with sound
conservation goals of
protection , and enhancement of the natural and historical resources within the
Leased Premises and with the approved OMP . Maintenance of an and all
material management structures is reserved to the DISTRICT, y existing dredge
34 . GOVERNING LAW: This LEASE shall be governed by and interpreted
to the laws of the State of Florida . p according
35 . SECTION CAPTIONS : Articles , subsection and other captioned contained in
this LEASE are for reference purposes only and are in no way intended to describe interpret ,
define or limit the scope or extent of intent of this LEASE or any provisions thereof.
36 . SPECIAL CONDITIONS : The following special conditions shall apply to this
LEASE :
A . COUNTY shall ensure that the area is identified as being publicly owned
and operated as a public outdoor recreational facility in all signs , literature , and
advertising . COUNTY shall erect signs identifying the Leased Premises as being open
to the public , as a DISTRICT assisted project and as a DISTRICT property which will
be used from time to time as a dredged material management area . All such signs are
subject to the District ' s approval which shall not be unreasonably withheld ; and
B . The COUNTY agrees to install and maintain all required entrance and
informational signage for its management activities ; and
13
M f
C . The COUNTY shall not in any way restrict access of the DISTRICT
and/or
the United States of America to the property as needed duringeriodic
P use of the
dredge_material management area , as both parties recognize that such use
is to be the
paramount use of the Leased Premises .
D . The COUNTY shall comply with any public access restrictions required by
the DISTRICT and/or the United States of America during theeriodic
P use of the
property for dredge material management .
37 . VENUE/ATTORNEY' S FEES : In the event of any litigation arising
resulting from this LEASE , the venue of such litigation shall be h out of or
had only m the State courts in
Palm Beach County , Florida . The prevailing party in such litigation shall be entitled to its costs
and reasonable attorney ' s fees (at trial , appellate , and Postjudgment proceeding levels ) .
IN WITNESS WHEREOF , the parties have caused this LEASE to be executed on the
day and year first written above .
COUNTY :
ATTEST :
V +
BY: JX BARTON � _ r
BY : R f
Clerk (SEAQ, ) -41
Chairman Peter D . 0 ' Brya �� u
APPROVED AS TO FORM AND
LEGAL SUf FICIENCY
BY .
County Attorney
14
DISTRICT :
LEGAL FORM APPROVED FLORIDA INLAND
DISTRICT COUNSEL NAVIGATION DISTRICT
BY : , 11�1 yBY : ` (SEAL )
Chairman
ATTEST :
✓IA ,
Sary
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Exhibit A "text "
The existing mosquito impoundment road on the FIND tract will be used for part of the
greenway trail system and for establishing a small picnic area on the eastern edge of the
property near the shoreline of the Indian River Lagoon . The pervious road leading east
from Indian River Blvd . will be available for trail maintenance vehicles by county officials
and emergency access vehicles only . Fencing and/or gates will be installed and
maintained to prevent public access to the dredge management containment area and
private properties to the north .