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HomeMy WebLinkAboutResolution No. 1974-56 MICROFILMED 4-10-80 RESOLUTION NO. 74=56 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO A LEASE CONTRACT WITH SHUFORD DEVELOPMENT COMPANY, FOR THE LEASE OF SPACE FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor and City Clerk are hereby authorized to execute a Lease Contract with Shuford Development Company, a copy of which is attached hereto and made part hereof, for the lease of space for the Cape Canaveral Public Library. SECTION 2. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15TH day of OCTOBER , 1974. &OZ -4411111111 'Attest, ° . 1,0 Clerk pprov .d. as'to form: , 411. C ttorney WAAME ICI ABS v NICHOLAS ... RHAME - SAIL.VAGGIOv 'MURM �` .••_,ax L E A S E C O N T R A C T THIS AGREEMENT, MADE AND ENTERED INTO THIS 1"t DAY OF GCTOB2P. 1974, BY AND BETWEEN SHUFORD DEVELOPMENT COMPANY, A FLORIDA CORPORATION, . P.O. DRAWER S, CAPE CANAVERAL, FLORIDA, HEREINAFTER CALLED THE LESSOR, AND THE CITY OF CAPE CANAVERAL, FLORIDA, HEREIN- AFTER CALLED THE LESSEE. WITNESSETH: THAT SAID LESSOR DOES BY THESE PRESENTS LEASE AND DEMISE UNTO THE SAID LESSEE THE FOLLOWING DESCRIBED PROPERTY BEING SITUATED IN BREVARD COUNTY, FLORIDA, TO WIT: BUILDINGS 135, 175, AND 185, IN CANAVERAL BEACH GARDENS SHOPPING CENTER, LOCATED ON THE SOUTHEAST CORNER OF PALM AVENUE (OLD SR. 401) AND CANAVERAL BEACH BOULEVARD, CITY OF CAPE CANAVERAL, TOGETHER WITH THE NON- EXCLUSIVE USE IN COMMON WITH ALL OTHER TENANTS THEREON, OF THE DRIVEWAYS, PARKING AREAS AND WALKWAYS, ALL AS SHOWN ON THE PLOT PLAN ATTACHED HERETO. FOR A TERM OF TWO (2) YEARS, BEGINNING OCTOBER 1, 1974, AND ENDING .SEPTEMBER 30, 1976 TWO (2) YEARS THEREAFTER, TO BE OCCUPIED AND USED AS A PUBLIC LIBRARY, UPON THE FOLLOWING TERMS AND CONDITIONS: 1. LESSEE AGREES TO PAY TO LESSOR AT P.O. DRAWER S, CAPE, CANAVERAL, FLORIDA, OR AT SUCH OTHER .PLACE AS LESSOR MAY HEREAFTER DESIGNATE, IN WRITING, A RENTAL OF 5425.00 PER MONTH FOR EACH AND EVERY MONTH DURING THE SAID TWO (2) YEAR TERM, SUCH MONTHLY RENTAL TO BE PAID IN ADVANCE ON OR BEFORE THE FIRST DAY OF THE MONTH. UPON EXECUTION HEREOF, . THE LESSEE HAS PAID THE ,SUM OF $425.00 AS RENT FOR THE MONTH OF OCTOBER, 1974, AND A DEPOSIT OF $425.00 WHICH SHALL BE CREDITED AS A RENTAL PAYMENT OF THE LAST MONTHS RENT IF THE LESSEE COMPLIES WITH ALL THE CONDITIONS OF THIS LEASE. 2. LESSEE COVENANTS AND AGREES AS FOLLOWS: (A), TO PAY THE LESSOR THE RE14TAL HEREIN STIPULATED AT THE TIME AND IN THE MANNER HEREIN PROVIDED. (0) TO TAKE GOOD CARE OF THE LEASED PREMISES AND SUFFER NO WASTE, AND AT THE END OR OTHER EXPIRATION OF THE TERM OF .'PHIS LEASE, TO DELIVER THE LEASE PREMISES IN AS GOOD A STATE AND CONDITION AS RU 1-11'ED BY THE LESSEE, REASONAHLE WEAR. AND TEAR, DAMAGE BY FIRE CCE, _NTS, OR OTHER CAUSES BEYOND THE LESSEE'S. O:rN EXPENSE. CC) TO KEEP THE INTERIOR OF THE BUILDING, INCLUDING THE PLUMBING, CLOSETS, PIPES, FIXTURES, AND INTERIOR WALLS BELONGING THERETO IN G00D REPAIR AND SHALL TAKE GOOD CARE OF THE PROPERTY AND ITS FIXTURES AND SUFFER NO WASTE, AND KEEP THE WATER PIPES AND CONNECTIONS FREE FROM ICE AND OTHER OBSTRUCTION, TO THE SATISFACTION OF THE MUNICIPAL AND GOVERN- MENTAL AUTHORITIES, DURING THE TERM OF THIS LEASE,'ALL AT LESSEE'S EXPENSE. LESSOR AGREES AT HIS OWN EXPENSE TO MAINTAIN THE FOUNDATION, EXTERIOR WALLS AND THE ROOF OF THE BUILDING. LESSEE AGREES AT HIS OWN EXPENSE TO MAINTAIN ALL GLASS INCLUDING PLATE GLASS. (D) LESSEE IS NOT TO LEAVE THE PREMISES VACANT DURING THE TERM OF THIS LEASE. 3. LESSOR COVENANTS AND AGREES AS FOLLOWS: (A) THAT IT IS THE SOLE OWNER OF THE LEASED PREMISES AND THAT IT HAS FULL RIGHT AND AUTHORITY TO LEASE THE SAME UPON THE TERMS HEREIN SET OUT. (B) THAT LESSEE, SO LONG AS NO DEFAULT EXISTS IN THE PAYMENT OF RENT, OR IN THE PERFORMANCE OF LESSEE'S OTHER COVENANTS CONTAINED HEREIN, SHALL PEACEFULLY AND QUIETLY HOLD AND ENJOY THE LEASED PREMISES FOR THE TERM HEREOF PROVIDED THAT THIS LEASE SHALL NOT IMPLY ANY OBLIGATION ON THE LESSOR TO KEEP SAID LEASED PREMISES OR ANY PART THEREOF IN GOOD REPAIR, EXCEPT THE FOUNDATION, EXTERIOR WALLS, AND THE ROOF, AS TO 14HICH THE LESSOR DOES AGREE THE MAINTAIN IN GOOD REPAIR, PROVIDED THAT LESSEE SHALL, UPON DISCOVER114G NEEDED REPAIRS, PROMPTLY NOTIFY LESSOR OF SAME. (C) THAT THE LESSEE MAY ASSIGN THIS LEASE OR MAY SUBLET ALL OR ANY PART OF THE LEASED. PREMISES, PROVIDED THAT SUCH ASSIGNING AND SUBLETTING IN ALL RESPECTS BE SUBJECT TO AND GOVERNED BY THE TERMS OF THIS LEASE, AND THAT LESSEE SHALL REMAIN LIABLE FOR THE FULL PERFORMANCE OF ALL CONDITIONS OF THIS LEASE AND THE PAYMENT OF ALL RENTS HEREUNDER, AND FURTHERPROVIDED THAT NO PART OF SAID PREMISES SHALL BE OCCUPIED OR PERMITTED TO BE OCCUPIED FOR ANY BUSINESS OR PURPOSE DEEMED TO BE EXTRA- HAZARDOUS ON ACCOUNT OF FIRE. (D) LESSOR WILL PAY ALL REAL PROPERTY TAXES WITH RESPECT TO THE DEMISED PREMISES, BUT NOT WITH RESPECT TO ANY PROPERTY OWNED BY LESSEE: (E) LESSEE AGREES TO PROVIDE NORMAL PREVENTATIVE MAINTENANCE OR MINOR REPAIRS ON THE AIR CONDITIONING UNITS LOCATED IN THE DEMISED PRIE'"ISES. ALL MAJOR REPLACEMENT AND REPAIRS OF SAID AIR CONDITIONING UNITS .SHALL BE THE RESPONSIBILITY OF THE LESSOR. 4. IN THE EVENT THE DEMISED, PREMISES ARE PARTIALLY DAMAGED OR DESTROYED OR RENDERED UNFIT FOR OCCUPANCY BY FIRE, TORNADO, OR OTHER CASUALTY, LESSEE SKILL GIVE IMMEDIATE NOTICE TO LESSOR, WHO SHALL THEREUPON AT ITS EXPENSE REPAIR AND RESTORE THE PREMISES TO SUBSTANTIALLY THE CONDITION IN WHICH THEY WERE IMMEDIATELY PRIOR TO THE HAPPENING OF SUCH CASUALTY. LESSOR SHALL ALLOW LESSEE A.FAIR DIMINUTION OF RENT DURING TILE TIME THE PREMISES ARE PARTIALLY UNFIT FOR OCCUPANCY; BUT, IF THE DEMISED PREMISES ARE TOTALLY DESTROYED OR RENDERED WHOLLY UNFIT FOR OCCUPANCY, EITHER LESSEE OR LESSOR MAY TERMINATE THIS LEASE, IN WHICH CASE RENTS SHALL BE PAID ONLY TO THE TIME OF SUCH DESTRUCTION OR CASUALTY. IF NEITHER LESSOR OR LESSEE ELECT TO TERMINATE THE LEASE, THE LESSOR SHALL REBUILD THE PREMISES, IN WHICH CASE THIS LEASE SHALL CONTINUE, BUT THE RENT SHALL ABATE UNTIL THE PREMISES HAVE BEEN MADE TENANTABLE. 5. THAT THE LESSOR SHALL NOT BE LIABLE TO LESSEE OR TO LESSEE'SEM- PLOYEES, PATRONS OR VISITORS FOR ANY DAMAGE TO PERSON OR PROPERTY CAUSED BY ANY ACTION, OMISSION, OR NEGLIGENCE OF LESSEE OR ANY OTHER TENANT OF SAID DEMISED PREMISES AND LESSEE AGREES TO HOLD LESSOR. HARMLESS FROM ALL CLAIMS FOR ANY SUCH NEEDED REPAIRS TO THE FOUNDATION, EXTERIOR WALLS AND /OR ROOF OF WHICH LESSEE HAS PROMPTLY, UPON DISCOVERY, NOTIFIED LESSOR. LESSEE AGREES TO CARRY PUBLIC COVERAGE OF $100,000.00 FOR INJURIES TO ONE PERSON; $300,000.00 FOR INJURIES TO MORE THAN ONE PERSON, IN ONE ACCIDENT; AND 55,000.00 PROPERTY DAMAGE; AND TO FURNISH THE LESSOR WITH A COPY OF SAID INSURANCE POLICY. G. IN CASE OF DEFAULT BY THE LESSEE IN ANY OF THE COVENANTS ON ITS PART HEREIN CONTAINED, LESSOR MAY ENFORCE THE PERFORMANCE OF THIS LEASE IN ANY MARINER PROVIDED BY LAW, AND AT THE OPTION OF THE LESSOR, THIS LEASE ?'AY BE FORFEITED IF ANY SUCH DEFAULT CONTINUES FOR A PERIOD OF THIRTY (30) DAYS AFTER LESSOR NOTIFIES THE LESSEE. OF SUCH DEFAULTS AND OF LFSSOR'S INTENTION TO DECLARE THE LEASE FORFEITED; SUCH NOTICE TO BE SENT BY LESSOR BY REGISTERED MAIL, ADDRESSED TO LESSEE AT THE DI -NISEO Pi EMISES, AND UPON THE EXPIRATION OF SAID THIRTY (30) DAY PERIOD (UNLESS LESSEE SHALL HAVE WITHIN SUCH PERIOD COMMENCED THE REMOVAL OF SUCH DEFAULT AND THEREAFTER SHALL PROCEED 141TH DUE DILLIGENCE UNTIL THE DEFAULT COMPLAINED OF HAS BEEN REMOVED OR CURED),, THIS LEASE SHALL CEASE AND COME TO AN END AS IF THAT WERE THE DAY ORIGINALLY FIXED FOR THE EXPIRATION OF THE TERM THEREOF, AND LESSOR'S AGENT OR ATTORNEY SHALL HAVE THE RIGHT WITHOUT FURTHER NOTICE OF DEMAND TO RE- ENTER. AND REf`VE ALL PERSONS FROM LESSEE'S PROPERTY THEREFROM WITHOUT BEING DEEMED GUILTY OF ANY MANNER OF TRESPASS AND WITHOUT PREJUDICE. TO ANY REMEDIES. FOR ARREARS OF RENT OR. BREACH OF COVENANT, OR LESSOR'S AGENT OR ATTORNEY MAY RESUME POSSE�IC OF THE PREMISES AND RELET THE SAME FOR THE REMAINDER OF THE TERM AT THE BEST RENTAL SUCH AGENT OR ATTORNEY MAY OBTAIN FOR THE ACCOUNT OF THE LESSEE, WHO SHALL PAY TO THE LESSOR ANY DEFICIENCY AND LESSOR SHALL HAVE A LIEN AS SECURITY FOR THE RENT RESERVED UPON ALL THE GOODS, WARES, CHATTELS, IMPLEMENTS, MACHINERY, EQUIPMENT, FIXTURES, TOOLS AND OTHER PERSONAL PROPERTY BELONGING TO THE LESSEE WHICH ARE OR MAY BE PUT UPON THE LEASED PREMISES. 7. IN THE EVENT THE LESSEE SHALL BE ADJUDGED BANKRUPT OR MAKE VOLUNTARY ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR IN THE EVENT ITS LEASE -HOLD ESTATE SHALL BE TAKEN ON EXECUTION, THEN, AT THE OPTION OF THE LESSOR, UPON FIVE (5) DAYS NOTICE TO LESSEE OF THE EXERCISE OF SAID OPTION, THIS LEASE SHALL CEASE AND TERMINATE. IN THE EVENT A RECEIVER. IS APPOINTED FOR THE LESSEE AND HE IS NOT DISCHARGED WITHIN THIRTY (30) DAYS AFTER HIS APPOINTMENT, THIS LEASE AT THE OPTION OF THE LESSOR MAY BE TERMINATED. g, FOR THE SAME CONSIDERATIONS AS ARE HEREINABOVE SET OUT, THE LESSOR DOES HEREBY GRANT TO LESSEE AN OPTION TO RENEW THIS LEASE AS FOLLOWS: (A) LESSEE MAY RENEW THIS LEASE FOR AN ADDITIONAL PERIOD OF TWO (2) YEARS, SAID PERIOD COMMENCING UPON THE DATE THIS LEASE TERMINATES. (B) IN ORDER. TO EXERCISE SUCH OPTION, THE LESSEE MUST GIVE THE LESSOR WRITTEN NOTICE OF HIS DESIRE TO RENEW THIS LEASE FOR SUCH ADDITIONAL PERIOD ON OR BEFORE THIRTY (30) DAYS PRECEDING SHE TERMIN- ATION DATE OF THIS LEASE. SUCH WRITTEN NOTICE SHALL BE SENT To THE LESSOR BY REGISTERED 14AIL AT ITS ABOVE -NAMED ADDRESS OR AT SUCH OTHER PLACE AS LESSOR MAY HEREAFTER„ IN WRITING, . DESIGNATE. CC) ANY EXTENSION OF THIS LEASE BY THE ABOVE — GRANTED OPTION SHALL BE UNDER THE SAME TERMS AND CONDITIONS OF THIS LEASE, AND THE RENTAL SHALL BE THE SUM OF $425.00 PER MONTH. 9. IF THE LESSEE SHALL HEREINAFTER INSTALL AT ITS EXPENSE ANY SHELVING, LIGHTING, AND OTHER FIXTURES, AIR — CONDITIONING UNITS, PORTABLE PARTITIONS OR ANY TRADE FIXTURES, OR IF THE LESSEE SHALL HEREINAFTER INSTALL OR APPLY ANY ADVERTISING SIGNS OR OTHER STANDARD IDENTIFICATIONS OF LESSEE, ANY ARTICLE SO INSTALLED OR ANY IDENTI- FICATION SO APPLIED SHALL BE THE PROPERTY OF THE LESSEE WHICH THE LESSEE MAY REMOVE AT THE TERMINATION OF THIS LEASE, PROVIDED THAT IN SUCH REMOVAL THE LESSEE SHALL REPAIR ANY DAMAGE OCCASIONED TO THE PREMISES. BEFORE MOVING ANY EQUIPMENT TO THE DEMISED PREMISES, THE LESSEE SHALL PROVIDE ACCESS TO SAME TO LESSOR FOR LESSOR TO DETERMINE WHETHER SUCH EQUIPMENT 15 IN SUCH CONDITION AND OF SUCH APPEARANCE SO AS TO COMPLIMENT THE LEASED PREMISES, AND THE LESSEE AGREES NOT TO MOVE EQUIPMENT ON THE PREMISES UNTIL SAME HAS BEEN APPROVED IN WRITING BY THE LESSOR. THE LESSEE SHALL PAY ALL CHARGES FOR WATER AND SEWERAGE SERVICES AND SHALL PAY ALL CHARGES FOR ELECTRICITY. THE LESSEE SHALL SUPPLY A!dD PAY FOR ITS OWN JANITORIAL SERVICE AND GARBAGE AND TRASH DIS- POSAL SERVICE. 10. ALL PERSONS ARE PUT ON NOTICE OF THE FACT THAT THE LESSEE SHALL NEVER, UNDER ANY CIRCUMSTANCES, HAVE THE POWER TO SUBJECT THE INTEREST OF THE LESSOR IN THE PREMISES TO ANY MECHANIC'S OR MATERIAL— MEN'S LIENS OR LIENS OF ANY KIND; AND ALL PERSONS, DEALING WITH THE LESSEE ARE hEP. EBY PUT ON NOTICE OF THE FACT THAT THEY MUST LOOK WHOLLY TO THE INTEREST OF THE LESSEE IN THE DEMISED PREMISES AND NOT TO THAT OF THE LESSOR. 11, LESSEE COVENANTS AND AGREES TO SUBORDINATE HIS INTEREST IN THE PRE "ISES AND IMPROVEMENTS THEREON TO A CONSTRUCTION AND PERMANENT '40ETGAGE FO? THE BUILDING OF THE IMPROVEMENT DESCRIBED HEREIN AND TO Cl!;1' SUC:+ 1 %STP.UMEIITS AS ARE NECESSARY FOR SAID SUBORDINATION, I::C CUBING JOL`:I:';G 11; THE MORTGAGE, If' NECESSARY, BUT ONLY I'D SUBJECT LESSHF'S TO 5410 MORTGAGE. LESSEE FURTHER AGREES TO - , . . .1 . • . . . ' . . '.' --4 micIN.FILMED 4-10-80 ..._, _ . ., . . .. . .. EXECUTE ANY MORTGAGES AND OTHER INSTRUMENTS THAT MAY BE NECESSARY IN • ANY REFINANCING OF THE PROPERTY . ANY SUCH INSTRUMENTS EXECUTED BY THE LESSEE SHALL EXPRESSLY DISCLAIM ANY PERSONAL LIABILITY ON THE PART OF THE LESSEE TO PAY THE MORTGAGE INDEBTEDNESS . 12 . THIS LEASE AND ALL OF ITS PROVISIONS „SHALLANURE TO THE . . • BENEFIT OF AND BE BINDING UPON THE HEIRS, SUCCESSORS AND ASSIGNS .OF THE PARTIES HERETO. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS, • IN TRIPLICATE, THI04/4. DAY OF . 00TOBER, 1974 . . . . . : ... , . .- .. .-... , --'\> LESSOR SHUFORD DEVELOPMENT COMPANY . . .'' i. u`'' , - SEA c• if., ?-:: . . - , .0--72‘ezeaY ' .. , ... ,, .. . ; .) ,„,7, - - ;' -r1 iF .i..11):4,4;\, •. .. . BY rtte2).93Ccie.'". *, _ XAN X)C, .' ..,...,;4.• t,,.-,A Tc.Ti‘E64-:%.s. '.7. • . ' * ss., ---.'). -; Vice President 1 ' 192 I - - 1-'-- --`e•- ----'4 ._ , • - . r - - . - ' . . ' Secretary . . ' .. . . . . LESSEE CITY OF CAPE CANAVERAL, FLORIDA . : Aisdrie..9:40r . . . V--,. 'C' 11-- 41'eh+A‘Ili i • - '7'1< !f,, , •'. '',;':':AITES T: .•',,-: 2,-'-'Z'=, . BY AWAIr Alrd[....i.a . A1 MA OR ' ,-„.. ,' . % ::-..4.° v).: : ' CITY CLE',/ .. f . . . 1 , 1 •,-, • ''00 "rE -I's--' • — ' - - . ‘,1•, ,,,,,,,—,, . STATE 6F NORTH CAROLINA ) COUNTY OF CATAWBA ) . . I HEREBY CERTIFY THAT ON THIS DAY PERSONALLYAPPEARED BEFORE ME, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS, AND TO TAKE ACKNOWLEDGEMENTS, DONALD L . COOK AND C .M. CHUMLEY, JR . , VICE-PRESIDEN AND SECRETARY, RESPECTIVELY OF SHUFORD DEVELOPMENT COMPAN-Y, KNOWN TO ME TO BE THE PERSONS WHO SIGNED THE FOREGOING INSTRUMENT AS SUCH OFFICERS, AND THEY SEVERALLY ACKNOWLEDGED THE EXECUTION THEREOF TO BE THEIR FREE ACT AND DEED AS SUCH OFFICERS, FOR THE USES AND PURPOSES . THEREIN MENTIONED AND THAT THEY AFFIXED THERETO THE OFFICIAL SEAL OF . , . . . , . . . . _ . - . . -- . .- . • . -. .. I / 5 ` y 4. `� MICROFILMED ;1 . . - 4-10-&0 SAID CORPORATION AND THAT INSTRUMENT IS THE ACT AND DEED OF SAID CORPORATION. GIVEN UNDER MY HAND. AND SEAL OF OFFICE, THIS 24th DAY OF OCTOBER, 1974 . Le - e---.‘"1. 1Y6.4P.' . /2 7) g e9 7".:; .'1; r.. ¢d NO ARY PUBLIC IN AND}FORS HE „ COUNTY OF CATAWBA Q'�. 9,- '' ',-i.•$:-:-. . MY COMMISSION EXPIRES ,`; c2►��� �1Z�� y`., 0 ' , ?.,z,•- .- >• ,,„0„,.,--4,,:::,, l .,',: My Commission Expires March 19, 1979,,,7 o n ' --- STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY THAT ON THIS DAY PERSONALLY APPEARED BEFORE -. ME, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS AND TO TAKE ACKNOWLEDGMENTS, F . P. MACLAY, TO ME KNOWN AND KNOWN TO ME TO BE THE PERSON WHO SIGNED THE FOREGOING INSTRUMENT, AND HE ACKNOWLEDGED THEN. EXECUTION THEREOF TO BE HIS FREE ACT . AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS /7d DAY OF 1 ,i . OCTOBER, 1974. � l�, ` -'o s° as \I•j7 q4 Vi, . NOTARY PUBLI S A'' 'O., F9112,,V E COUNTY OF BREVARD i4 6� MY, COMi�QI,Ar�.vS;pm PcTra NatIUs. J., . MY COMMISSION EXPIRES AUGUST' 31,' 19'.,,_ BONDED THRU GENERAL INSURANCE UNDERWRITERS.