HomeMy WebLinkAboutcocc_ordinance_no_01-2022_not considered for adoptionDue to both tenants moving out prior to closing, this Ordinance was
not needed and thus was not presented for Council consideration.
1 ORDINANCE NO. 01-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, PURSUANT TO SECTION 2.12(6) OF THE CITY
5 CHARTER, AUTHORIZING THE SHORT TERM LEASE OF OFFICE SPACE
6 TO ANY EXISTING TENANT(S) OF THE BUILDING LOCATED AT 7404
7 N. ATLANTIC AVENUE, CAPE CANAVERAL, FLORIDA ("PROPERTY")
8 UPON SUCH TIME THE CITY ACQUIRES THE PROPERTY IN
9 ACCORDANCE WITH THE PENDING CONTRACT FOR PURCHASE
10 AND SALE; PROVIDING THAT THE CITY COUNCIL MAY APPROVE A
11 WRITTEN LEASE WITH SUCH TENANT(S) IN ACCORDANCE WITH
12 THE TERMS AND CONDITIONS REQUIRED BY THIS ORDINANCE;
13 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
14 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND A
15 CONDITIONAL EFFECTIVE DATE.
16
17 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
18 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
19 law; and
20
21 WHEREAS, the City Council previously approved a Contract for Purchase and Sale with
22 William Scharlau on September 21, 2021 ("Agreement") to acquire the real property and
23 commercial building located at 7404 N. Atlantic Avenue, Cape Canaveral, Florida ("Property") for
24 redevelopment purposes; and
25
26 WHEREAS, the Closing on the Property is currently scheduled forJanuary 26, 2022, subject
27 to the terms and conditions of the Agreement; and
28
29 WHEREAS, upon closing and acquisition of the Property by the City, the City Council may
30 desire to enter into short term lease arrangements with existing tenants to occupy a small portion
31 of the commercial building on a short term, month -to -month basis until such time that the City is
32 ready to commence redevelopment activities on the Property including, but not limited to, the
33 demolition of the existing building and construction of the redevelopment project; and
34
35 WHEREAS, for the aforementioned reason, the City Council desires to expressly authorize
36 the lease of the Property pursuant to Section 2.12(6) of the City Charter and under the terms and
37 conditions of this Ordinance; and
38
39 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
40 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
41 Cape Canaveral.
42
City of Cape Canaveral
Ordinance No. 01-2022
Page 1 of 3