2005-105 Anchorage Park Marina & Storage Area Lease Termsu
RESOLUTION 105-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING AND APPROVING LEASES FOR THE ANCHORAGE
PARK MARINA AND STORAGE AREAS ATTACHED AS EXHIBIT "A" AND "B", AND
TO ALIGN THE LEASE TERMS WITH THE VILLAGE FISCAL YEAR ENDING
SEPTEMBER 30th; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA;
Section 1. The Village Council authorizes and approves leases for both Dry and Wet storage
at the Village Anchorage Park Marina and Storage area attached as Exhibit "A" and "B".
Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby
change the ending date of the Anchorage Park leases to the last day of September of each year.
Section 3. The Village Council authorizes the Village Manager to execute Anchorage Park
lease agreements on behalf of the Village of North Palm Beach.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 10th DAY OF NOVEMBER, 2005.
VILLAGE CLERK
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EXHIBIT "A"
North Palm Beach N~arina Storage ease
M ~ NA DRY STORAG
• Boat_trailer, Boat on trailer, Camper or Rv
Lessee Last Name: First Name
Lot #
Launch Decal #
SECTION ONE:
DESCRIPTION OF STORAGE ITEM
Residence Address
Email Address
Business Address
Phone
Space #
Storage
Decal #
Cell ( )
Phone ( )
Emergency Name Phone
.......................................................................................
Name on stored boat Boat No.
Length feet Make
Year Model
.......................................................................................
Trailer/RV Manufacturer
License Tag No.
Length feet Make Year Model
.......................................................................................
This LEASE made the day of 20 ,between the VILLAGE OF NORTH PALM BEACH,
FLORIDA, c/o Department of Recreation, 603 Anchorage Drive, North Palm Beach, Florida 33408, herein referred to as the VILLAGE,
and ,herein referred to as OWNER. The Village hereby leases to Owner and Owner hereby
takes by hire from Village, space in the Village storage area suitable for storage of a boat trailer, boat on trailer, or RV herein after
referred to as "Vehicle", subject to the terms and conditions as set forth herein.
SECTION TWO:
RENT AND FEES
Lot Space Number ,not to exceed feet
Owner shall pay Village, for the use of this storage space $ payable in advance at the office of the Village. If the lease
term should commence on a day other than January I51, Owner shall pay rent equal to 1/9`~ of the yearly rent, multiplied by the number of
the rental months remaining in the lease term. This lease shall continue in effect, subject to termination with thirty (30) days of written
notice by either party.
The term of the lease shall be from the day of 20 ,through September 30, 20
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NOTE: Fee for each space is $353.70, PLUS 6.5%Florida Sales Tax ~ ~
SECTION THRE ~11~a
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AMENDMENT OF TERMS AND CONDITIONS
Village reserves the right to alter or amend the terms and
conditions of this lease and license from time to time by
written notice to the Owner.
SECTION FOUR•
OWNER'S LIABILITY: INDEMNITY OF VILLAGE
Owner covenants to exercise due care in occupation of the
leased storage area. Owner shall indemnity Village against
all claims, actions, proceedings, damages and liabilities
including attorney's fees, arising from or connected with
Owner's possession and use, or incurred in the defense of any
such claim or any action or proceeding brought thereon.
Village shall not be liable for injury to the property or person
of Owner, Owner's agents, contractors, employees, invitees,
licensees, subtenants and guests, or any other person whether
said damage or injury results from a condition arising upon
the leased premises or upon other portions of the Village of
which the leased premises are a part, or from other sources or
places and regardless of whether the cause of such damage or
injury or the means of repairing same is inaccessible to the
Owner. Village shall not be liable for any damages or injury
arising from the act or neglect of any other tenant of the
Village.
SECTION FIVE:
SURRENDER
On the expiration or termination of the Lease, Owner shall
deliver and surrender to the Village the leased storage area in
the same condition as it was upon delivery of possession
thereto, ordinary wear and tear excepted If Owner should
fail to remove his/her property upon the expiration or
termination of the Lease, said property shall be deemed
abandoned and shall become property of the Village at its
sole discretion. Owner hereby waives any and all statutory
rights to notice or redemption with respect to this section.
SECTION SIX:
HOLDING OVER
If Owner should remain in possession of the leased area after
the expiration of the Lease term with the consent of the
Village, which Village should have the unconditional
exception to grant or deny, then Owner shall be deemed to
hold the leased storage area, subject to all the terms and
provisions hereof; provided, however, that the rent payable
shall be 200 percent of the yearly rent if paid on or after
February 15t of the holdover period. If rent is not paid by
February 1 S` of the holdover period, the Owner shall be
deemed to have abandoned the leased storage area and shall
be subject to the terms and conditions of Section Five above.
SECTION SEVEN:
DEFAULT AND REMEDIES
The occurrence of any one or more of the following events
shall constitute a material default and breach of the Lease by
the Owner:
(a) The vacating or abandonment of the leased storage
area by Owner for a period of 6 weeks or more.
(b) Failure by Owner to make payment of rent or any
other payment required to be made by Owner, as
and when due
(c) Failure by Owner to observe or perform any of the
Rules and Regulations or Provisions to be observed
or performed by Owner, including, but not limited
to:
RULES AND REGULATIONS
1. No major repairs or boat overhauling is permitted
in the area. Please, no scraping of barnacles.
2. Users are requested to respect the right of residents
living near the facilities by keeping noise at a
minimum prior to 8:00 a.m. and after 9:00 p.m.
Unnecessary loud noise during the night and early
morning hours is prohibited.
3. The dumping of garbage and trash into the
waterway is not permitted. Refuse cans are
provided for this purpose
4. Keep assigned area cleaned from debris, littler,
used batteries, spare parts, etc. The Village will
remove any such debris without notification to
Owner.
5. Trespassing in the dry storage areas by
unauthorized persons is prohibited and such
persons are subject to arrest.
6. Children under 16 years of age are not permitted in
the dry storage area unless accompanied by an
adult.
7. Anyone causing damage to the Village property is
liable for such damage, normal wear and tear
excepted. If you have a boat, trailer or other
vehicle accident, report it immediately to
Department of Public Safety (561)848-2525.
8. The parking of boats at the floating docks located at
the boat ramp is limited to those boats in the
process of being launched or retrieved from the
waterway. Tie only to dock cleats.
9. In the interest of the health, safety and welfare of
other marina users and the public, the Village
Manager may require any boat, trailer or other
conveyance to vacate the marina upon 24 hours
notice.
10. If the vehicle described in your lease agreement is
sold, it must be removed from the marina area.
Refunds will be pro-rated.
11. If you should move out of the Village, your vehicle
must also be removed, as this is for the
convenience of Village Residents Only.
Tn the event of default or breach by the Owner, Village may
at any time thereafter, without notice or demand, terminate
Owner's right to possession of the leased storage area and
retake possession thereof, in which event Owner shall
immediately surrender possession of the leased storage area
and the Lease Agreement shall be terminate. Village's right
to bring an action for the recovery of any rent or other
payment due under the Lease shall survive termination of the
Lease. In the event Village exercises any of its remedies
under this Lease, Owner shall pay to the Village the costs of
removing and storing Owner's property
LIMITATION OF VILLAGE'S LIABILITY
Owner acknowledges that he/she has inspected the storage
and satisfied himself/herself that the space is adequate for
safe storage of his/her vehicle. Owner further acknowledges
that Lot No. Space No. has been assigned for
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storage of his/her vehicle in Village's storage area. This
contract is not a bailment of the Owner's vehicle but a lease
of storage space and the Village's liability is limited to
supervision and maintenance of the storage area. Village's
employees will make reasonable efforts to contact Owner and
notify him/her of dangerous conditions requiring his
attention, but Village assumes no responsibility for moving
his/her vehicle.
SECTION NINE:
NON-DUPLICATION OF KEY;
NON-TRANSFERABILITY
Owner is expressly prohibited from duplication or obtaining
duplicate keys for any purpose. 'T`his Agreement is not
transferable. Part ownership of a vessel does not in any way
imply an obligation on the part of the Village to furnish
dockage to any persons other than the original signer of this
Agreement. In the event of a dissolution of a corporation,
partnership, or any other entity, or the withdrawal of a part
owner from such a partnership, or other entity, all parties
shall nonetheless be bound by the terms and conditions of
this Agreement and be obligated to the Village for the
payments of all sums due and the performance of all its
covenants, terms and wnditions. Boat owner shall not have
the right to transfer or assign this lease agreement or enter
into any form of a sublease to any third party. Any violation
of this provision shall be a default of the lease and Village
shall have the right to immediately terminate the lease and
have owner remove the leased property from Village
Premises. Village shall have the right to not renew the lease
agreement if it determines that the boat owner in the
preceding lease was delinquent in terms of payment even
though full payment is made by the end of the term of lease.
SECTION TEN:
KEY DEPOSIT- LOST KEY
IN WITNESS THEREOF, the parties have executed this Agreement at North Palm Beach, Florida, the day
and year first written above.
Owner shall deposit Ten Dollars ($10.00) for each key issued
by Village. This deposit shall be refundable upon
termination of this Agreement and safe return of said key(s).
In the event that a key is lost by Owner, said loss shall be
reported to the Village within ten (10) calendar days of the
loss. Lost keys shall be replaced by the Village upon receipt
of a Fifty Dollar ($50.00) non-refundable replacement fee per
key.
SECTION ELEVEN•
ISSUANCE OF KEY(S)
Owner herby acknowledge receipt of key(s) numbered
SECTION TWELVE:
RESIDENCE
Boat Owner warrants to Village that boat Owner is a legal
resident of the Village of North Palm Beach, and agrees that
this Agreement will terminate automatically in the event boat
Owner is no longer a resident of Village of North Palm
Beach. The Village from time to time and at its discretion
shall have the right during the lease term to require owner to
provide proof of residency, insurance and boat, boat trailer or
RV registration. If Village makes such requests during the
lease term and owner fails to provide the requested
information, Village shall have the right forthwith to
terminate the lease.
Note: Launch decal must be affixed onto rear
bumper of registered towing vehicle. Storage decal
must be a,~`rxed to tongue of registered trailer or rear
bumper ofRV.
Signed in the presence o£ THE VILLAGE OF NORTH PALM BEACH, FLORIDA
By:
(Lessee)
(Date)
(Village Representative)
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~~; , North Palm Beach Marina Storage Lease
WET SLIP
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Lessee Last Name: First Name
Wet Slip #
Marina Decal #
SECTION ONE:
DESCRIPTION OF BOAT
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Name of Boat
Boat FL No.
Length feet Make Year Model
Power Boat ^ Sail Boat ^
........................................................................................
Residence Address Phone
Email Address Cell
Business Address Phone
Emergency Name Phone
.......................................................................................
This LEASE made the _ day of , 20_, between the VILLAGE OF NORTH PALM BEACH, FLORIDA, c/o
Department of Recreation, 603 Anchorage Drive, North Palm Beach, Florida 33408, herein referred to as the VILLAGE,
and ,herein referred to as OWNER The Village hereby leases to Owner and Owner
hereby takes by hire from Village, a certain portion of the marina pier area being an open berth provided with electric
service and freshwater outlets, subject to the terms and conditions as set forth herein.
SECTION TWO:
RENT AND FEES
Wet Slip No.
Owner shall pay Village, for the use of this storage space $ per year payable in advance at the
office of the Village. If the lease term should commence on a day other than January 1~`, Owner shall pay rent equal to 1/9`~
of the yearly rent, multiplied by the number of the rental months remaining in the lease term. This lease shall continue in
effect, subject to termination of with thirty (30) days of notice by either party. The term of the lease shall be from the
day of . 20_, through September 30, 20_
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NOTE: Fee for each space is $1069.83, PLUS 6.S% Florida Sales Tax
SECTION THREE: (d) The vacating or abandonment of the leased berthing
AMENDMENT OF TERMS AND CONDITIONS slip by boat Owner for a period of 6 weeks or more.
• (e) Failure by boat Owner to make payment of rent or
Village reserves the right to alter or amend the terms and any other payment required to be made by boat
conditions of this lease and license from time to time by Owner, as and when due.
written notice to the Owner. (f) Failure by boat Owner to observe or perform any of
the Rules and Regulations or Provisions to be
SECTION FOUR• observed or performed by boat Owner, including,
OWNER'S LIABILITY: INDEMNITY OF but not limited to:
VILLAGE (g) Lapse of proper insurance coverage, or any other
Modification or cancellation, which causes the
Owner covenants to exercise due care in occupation of the insurance coverage to fail, or to be in full force and
leased berthing slip. Owner shall indemnity Village against effect.
all claims, actions, damages and liabilities, including
attorney's fees, arising from or connected with Owner's RULES AND REGULATIONS
possession and use, or incurred in the defense of any such 12. No major repairs or boat overhauling is permitted
claim or any action or proceeding brought thereon. Village in the area. Please, no scraping of barnacles.
shall not be liable for injury to the property or person of boat 13. Users are requested to respect the right of residents
Owner, Owner's agents, contractors, employees, invitees, living near the facilities by keeping noise at a
licensees, subtenants and guests, or any other person whether minimum prior to 8:00 a.m. and after 9:00 p.m.
said damage or injury results from a condition arising upon Unnecessary loud noise during the night and early
the leased premises or upon other portions of the village of morning hours is prohibited.
which the leased premises are a part, or from other sources or 14. The dumping of garbage and trash into the
places and regardless of whether the cause of such damage or waterway is not permitted. Refuse cans are
injury or the means of repairing same is inaccessible to the provided for this purpose
Owner. Village shall not be liable for any damages or injury 15. Boats are required to have mooring lines of
arising from the act or neglect of any other tenant or the sufficient size and strength to secure boats in a safe
Village. manner.
16. Anyone causing damage to the Village property is
SECTION FIVE: liable for such damage, normal wear and tear
SURRENDER excepted. If you have a boat, trailer or other
vehicle accident, report it immediately to
On the expiration or termination of the Lease, boat Owner Department of Public Safety (561)848-2525.
shall deliver and surrender to the Village the leased berthing 17. The parking of boats at the floating docks located at
slip in the same condition as it was upon delivery of the boat ramp is limited to those boats in the
possession thereto, ordinary wear and tear excepted. If Boat process of being launched or retrieved from the
Owner should fail to remove its property upon the expiration waterway. Tie only to dock cleats.
or termination of the Lease, said property shall be deemed 18. In the interest of the health, safety and welfare of
abandoned and shall become property of by Village, and may other marina users and the public, the Village
be removed from the berthing slip and disposed of by Village Manager may require any boat, trailer or other
in its sole discretion. Boat Owner hereby waives any and all. conveyance to vacate the marina upon 24 hours
statutory rights to notice or redemption with respect to this notice.
section. 19. If the vehicle described in your lease agreement is
sold, it must be removed from the marina area
SECTION SIX: Refunds will be pro-rated.
HOLDING OVER 20. If you should move out of the Village, your vehicle
must also be removed, as this is for the
If boat Owner should remain in possession of the leased convenience of Village Residents On1Y
berthing slip after the expiration of the Lease term with the
consent of the Village, which Village should have the In the event of default or breach by the boat Owner, Village
unconditional exception to grant or deny, subject to all the may at any time thereafter, without notice or demand,
terms and provisions hereof; provided, however, that the rent terminate boat Owner's right to possession of the leased
payable shall be 200 percent of the yearly rent if paid on or berthing slip and retake possession thereof , in which event
after February 15` of the holdover period. If rent is not paid Owner shall immediately surrender possession of the leased
by February 151 of the holdover period, the boat shall be storage area and the Lease Agreement shall be terminate.
deemed to have abandoned the leased berthing slip and shall Village's right to bring an action for the recovery of any rent
be subject to the terms and conditions of Section Five above. or other payment due under the Lease shall survive
termination of the Lease. In the event Village exercises any
SECTION SEVEN: of its remedies under this lease, boat Owner shall pay to the
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DEFAULT AND REMEDIES Village the costs of removing and storing boat Owner's
property
The occurrence of any one or more of the following events
shall constitute a material default and breach of the Lease by SECTION EIGHT:
the Owner: INSURANCE
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The Owner hereby agrees and covenants for the term of this
agreement to maintain a Marina and watercraft liability
insurance policy(s), copies of which shall be given to the
Village within five (5) days of signing this Agreement. Said
insurance shall be in operative force and effect throughout the
term of this agreement, or any extension hereof.
SECTION NINE•
LIMITATION OF VILLAGE'S LIABILITY
Boat Owner acknowledges that he has inspected the
Berthing Slip No. leased herein and satisfied himself
that the berthing space is adequate for safe mooring of his
vessel. This contract is not a bailment of the boat Owner's
boat but a lease of storage space and the Village's liability is
limited to supervision and maintenance of waterfront area.
Village's employees will make reasonable efforts to contact
boat Owner and notify him of dangerous conditions requiring
his attention, but Village assumes no responsibility for
tending mooring lines or moving boats from berths to which
they are assigned.
SECTION TEN:
RESIDENCE
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Boat Owner warrants to Village that boat Owner is a legal
resident of the Village of North Palm Beach, and agrees
that this Agreement will terminate automatically in the
event boat Owner is no longer a resident of Village of
North Palm Beach. The Village from time to time and at
its discretion shall have the right during the lease term to
require owner to provide proof of residency, insurance and
boat, boat trailer or RV registration. If Village makes such
requests during the lease term and owner fails to provide
the requested information, Village shall have the right
forthwith to terminate the lease.
SECTION ELEVEN:
NON-TRANSFERABILITY
This Agreement is not transferable. Part ownership of a
vessel does not in any way imply an obligation on the part of
the Village to furnish dockage to any persons other than the
original signer of this Agreement. In the event of a
dissolution of a corporation, partnership, or any other entity,
or the withdrawal of a part owner from such a partnership, or
other entity, all parties shall nonetheless be bound by the
terms and conditions of this Agreement and be obligated to
the Village for the payments of all sums due and the
performance of all its covenants, terms and conditions. Boat
owner shall not have the right to transfer or assign this lease
agreement or enter into any form of a sublease to any third
party. Any violation of this provision shall be a default of the
lease and Village shall have the right to immediately
terminate the lease and have owner remove the leased
property from Village Premises. Village shall have the right
to not renew the lease agreement if it determines that the boat
owner in the preceding lease was delinquent in terms of
payment even though full payment is made by the end of the
term of lease.
IN WITNESS THEREOF, the parties have executed this Agreement at North Palm Beach, Florida, the
day and year first written above.
Signed in the presence of: THE VII,LAGE OF NORTH PALM BEACH, FLORIDA
(Lessee)
By:
(Date)
(Village Representative)