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Home My WebLink AboutCPA Port Lease Agreement 1997-2047 0.). 3: >_ 27 1111 in 111 1 011 1 1 111 111 11 CFN 97208031 12 -02 -97 11:39 am OR Book/Page: 3737 / 0929 1 LESSOR: CANAVERAL PORT AUTHORITY Post Office Box 267 Cape Canaveral, Florida 32920 (407) 783-7831 Sandy Crawford Clerk Of Courts, Brevard County #Pgs: 5 #Names: 2 LESSEE CITY OF CAPE CANAVERAL Trust: 3.00 Rec: 21.00 Sery 0.00 Deed' 0.00 Excise: 0.00 105 Po Avenue 0.00 nt Tax: 0.00 Cape Canaveral, Florida 32920 EFFECTIVE DATE: November 2 0 , , 1997 1 1 1. LEASED PxtOpERTY: The Lessor leases to the Lessee real property as 1 ny more particularly described on Exhibit "A" attached hereto ( "Leased Premises"). 1 2. T– is The term of this Lease will be from the effective date through November 19. , 2047. 3 . REST: The rental shall be $1.00 per year payable in advance, plus any applicable State of Florida sales tax that applies and any other tax that may be levied by the State of Florida 1 1 on this Lease. 4 • U Ti"1T 1 T fl Lessee shall be responsible for the payment of all utilities furnished to the Leased Premises during the lease term, including, but not limited to, water, sewer, electricity, telephone, gas, and garbage and trash collection. 5. INS — L N x: Lessee shall maintain the Leased Premises in a reasonably condition. Lessee shall maintain insurance indemnifying Lessor to the extent provided for in the Florida Statutes from any damage to Life or property which may occur on the Leased Premises and y 4 y a 11 11 111 1 01 111111 1 1111111 11 11 CFN 97208031 OR Book/Page: 3737 / 0930 from any lability established against the Lessor as a direct result of any negligent act or omission by the Lessee or its l agents and employees in the maintenance or use of the Leased Premises. ti. 'USE OF Lary P SE,S: The Leased Premises shall be used for any public I purposes, including open space for recreational purposes. This Lease shall terminate in the event 1 ') the Lessee ceases to use the Leased Premises for a public purpose. Lessee must obtain Lessor's approval before 1 constructing any improvements on the Leased Premises and such approval shall not be unreasonably withheld. I 8. ASSIGEmccia.sumaismEG: Lessee will not have the right to assign or 4 sublease any portion of the Leased Premises. 9 . ThRMTNATION: It is mutually agreed that if the Lessee breaches any of the terms and conditions of this Lease and such breach or failure is not corrected after thirty (30) days' notice in writing of such breach or failure, then and thereupon this Lease shall terminate. 1 10. RF•SFRVATION OF RIPARIAN' RIGHTS: Lessor reserves to ' i itself the joint, non - exclusive use and enjoyment of any riparian rights of the Leased Premises. 11. Lessor reserves the right to construct a public roadway, fence or other improvements on all or any portion of the Easterly 100 feet of the Leased Premises. Lessee agrees that it shall not make any claim of any nature against the Lessor arising out of any Condemnation action instituted by Lessor that may affect or condemn any portion of the Leased Premises. Lessor hereby agrees at the time of said condemnation and construction to provide Lessee with alternate access to the property. 4 I 2 4 I 4 i MIN 1 i 1 111111111111111 CFN 9720 0931 OR BoQl /Page 37 37 1 LESSOR 1 ATTEST: CANAL, PORT AUTHORITY • .. . .....:: . A % , .0',0:::!" r Y, chairi,l,an r 4J 440 ; (i iPr: . i p„...zit- , ," , :,,:la i ot.-;:pp e) s -9sc. S I•A � ` foregoing iuostrttment was acknowledged before me ths Qom, d L .r....„1: s 'i , 1997, by RALPH J. Y '� day of S.R Y Chairman retary, respectively, of the CANAVERAL PORT AUTHORITY. \��tuuSSiii�/� `\�� O ne Dep i / /' 1 A. ` � •�AS c �� NOTARY PUBLIC _ " IC • #CC 554472 o 5' •; cededoN ■ ,•OQ ..444, 4Pain-ino �' T - FSSEE: ATTEST: CITY OF CAPE CANAVERAL, i • • _ ._.,/,,, s• it,. - • n �` y «� ROC. KY R A.NDE1Sj VIAVE ' ``l * > Mayor ` r if- ;e ` if t' .:s : -5 ... P' 409b*- -. ;: Y -• •. .. 01;4" s , !'';, r � � 'fir �� :. r � � .ir '� • y f II f Ir �•0...• .?-4' t .hzCODi ` ` i , 1 CFN 97208031 STATE OF FLORIDA OR Book/Page: 3737 0932 COUNTY OF BREVARD The foregoing instrument was acl aowledged before me this • t�C 1997, b y ROCKY RA1�iDELS and SANDRA O. -- - ' of Clerk, respectively, of the CITY OF CAPE CANAVERAL. SAS' Mayor and City NOTARY PUBLIC f C iRt I MAR 23 .2001 TV36 N' BONDED THROUGH ^SIC BONDING CO., INC. 4 11 -11 -1997 1 0:36AM FROM AMAR I . THER I AC. EISENM 4076396 P. 6 . 116111111111111111 CFW 97208031 OR Book/Page: 3737 0 Exhibit "A" 0 933 K 1 A PARCEL OF LAND LYING IN SECTION 15, TOWNS RANGE 37 EAST, T EE BASE MERIDIAN, HIP 24 SO FLORIDA, AND BEING MORE PARTICULA.RL DESCRIBED ESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE S 01 E, ALONG THE 1 . LINE OF SAID SECTION 15, A DISTANCE OF 1491.98 FEET; THENCE S 89 W, ALONG THE NORTH LINE OP THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 AND THE WESTERLY A DISTANCE OP 2892.20 FEET TO THE EXTENSION THEREOF, OF STATE ROAD A-1 -A (A 100 FOOT RIGHT-OF-WAY S PRESENTLY 1 1 LOCATED) AND THE POINT -0F - BEGINNING; THENCE CONTINUE S 89054 W, ALONG THE SOUTH LINE OF THE LANDS OFFICIAL RECORDS BOOK 37, PAGE 587, A DISTANCE DESCRIBED IN THENCE N 0°O5'52" W, A DISTANCE OF 174.90 PEET TO THE SOUTH 'ET LINE OF PORT CANAVERAL; THENCE S 89054'08" W, ALONG SAID SOUTH LINE, A DISTANCE OF 957.50 FEET TO THE SHORELINE OF THE BANANA RIVER; THENCE SOUTHEASTERLY ALONG THE SHORELINE 4 OF SAID BANANA RIVER TO A POINT 465.94 FEET SOUTH OF, BY RIGHT I IN ANGLE MEASUREMT, THE SOUTH LINE OF THE LANDS DESCRIBED OFFICIAL, RECORDS BOOK 37, PAGE 587; THENCE DISTANCE OF 1030.00 PEET TO THE N 89027'21 " E, A 1 AID WESTERLY RIGHT -OF - -WAY LINE OF STATE ROAD A -1 -A; THENCE N 37 W, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 576.43 FEET TO THE POINT-OF-BEGINNING. i i i I 1 i i 1 I 1 4 I I 1 1 i 1 I • 11/11/97 10:37 TX /RX NO.2288 P.006 NO 1 1