HomeMy WebLinkAboutResolution No. 1973-57RESOUTFION NO. 73 -57
A RESOLfrI'ION APPROVING AN AGREEMEIVr \Vrrii THE
BOARD OF COUNTY COMMISSIONERS FOR BREVARD
COUNTY, FLORIDA, RL'GARDING THE CURTAIN TRANS-
FEIt OF REAL PROPERTY OWNED BY CAPE CANAVERAL,
FLORIDA TO 1311EVA111) COUMI'Y, FLORIDA, AND PRO-
VIDING FOR Till-, LEASE OF SAID PROPERTY IIACK TO
TIIE CITY OF CAPE CANAVERAL; PROVIDING FOR THE
TRANSFER OF CERTAIN REAL PROPERTY OWNED 13Y
BREVARD COUNTY, FLORID, \, '1'0 CAPE CANAVERAL.
FLORIDA; PROVIDING AN ErrrC'I'1VE DA'Z'E,
\VIIFIIEAS, the Board of County Commissioners for Ilrevard
County, Florida has agreed to transfer certain real property owned by
Brevard County, to the City of Cape Canaveral, Florida; and
WHEREAS, the City of Cape Canaveral, Florida owns certain
real property which Is to be developed for recreational purposes, with
economic assistance front Ilrcvm•d Cowaty, which requires the City of Cape
Canaveral to transfer said property to Brevard County and to be leased track
to the City for a term of years; and
\V1113REAS, the City Council of the City of Cape Canaveral,
Florida, deems It in the best interest of the City of Cape Canaveral,
Florida, to so transfer and lease these lands;
NOW, TIIEREFORE, 131: IT ItUSOLVED BY TI If- CITY COUNCIL
01" TIIE CI'T'Y OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SUCTION L The City Council of the City of Crape Canaveral,
Florida, hereby approves that certain agreement with the Iloard of County
Commissloners for Brevard County, Florida, as follows:
(a) ]'be Iloard of County COMMISSlmaer5 for Ilrevard County,
Florida, shall transfer ownership of a certain parcel of realty more
particularly described as:
Lots I through R, 15 and 16, Block 46, Avon -by-
the-Sca, as recorded in Plat Book 3, page 7 of
the IVblic Records of Brevard County, Florida,
to the City of Cape Canaveral, Florida,
MICFN8.MED
41 ,
(b) The City of Cape Canaveral, Florida, shall transfer
ownership of a certain parcel of realty more particularly
described as:
All of Block 33, Avon-by-the-Sea, according to plat
thereof as recorded in Plat Book 3, page 7 of the
Public Records of Brevard County, Florida,
to the Board of County Commissioners for Brevard County, Florida,
whereupon the Board of County Commissioners shall lease back to
the City of Cape Canaveral, Florida, this same described property,
i for a term of twenty (20) years,*with the option to renew for additional
five (5) year increments, but in any event not to exceed a total of fifty (50)*
SECTION 2. The Mayor and City Clerk of the City of Cape years.
Canaveral, Florida, are hereby authorized to execute all documents neces-
sary to carry out the above described agreement with the Board of County
Commissioners for Brevard County, Florida.
SECTION 3. This Resolution shall become effective immed-
iately upon its adoption by theCity of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 20 . day of November, 1973.
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hT ' pprov-o as to form: / RHAM`
RUTKOWSKI1.7
/ / 11 . , ...G.°O
THURM 4/
City-Attorney
* amended ] ]-20-73
A G R E E P! E N T
THIS AGREEMENT made this ?_9th day of Hovaiiber , 1973,
between the Board of County Commissioners of Brevard County, herein-
after called "Hoard" and the City Commission of the City of Cape
Canaveral, hereinafter called "the City ".
WHEREAS, the Board owns certain property in the City of Cape
Canaveral; and
WHEREAS, the City of Cape Canaveral desires such property for
the purpose of erecting certain public improvements; and
WHEREAS, the Board feels that such property is not needed for
County purposes; and
IMEREAS, the City owns certain property in the City of Cape
Canaveral which is available and developed for use as park and
recreational purposes; and
WHEREAS, the Board desires to own such property.
THEREFORE, IT IS AGREED AS FOLLOWS:
1. The Board shall transfer by quit -claim deed to the City of
Cape Canaveral, the property described as follows:
Lots 1 through 8 inclusive, and Lots 15 and 1G, all
located in Block 46, AVON -BY- THE -SEA Subdivision,
as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida.
2. On or before July 1, 1974,. the City of Cape Canaveral shall
transfer by quit -claim deed to the Board, the property described as
follows:
All of Block 33, AVON -BY- THE -SEA Subdivision, as
recorded in Plat Book 3, Page 7, Public Records
of Drevard County, Florida.
3. Upon the transfer of the property described in paragraph
two to the Board, the Board shall lease said property to the City
for a period of twenty years. Such property shall be used osclu-
sively for park and recreational purposes. The City shall have
an option to renew the lease on said property for three consecutive
ton year uariods after the expiration of the initial lease term.
4. It is .understood and agreed by the Board and the City that
the City shall have control and
supervision of the land for public
park and recreational purposes.
the lease of the land shall con-
tain a clause which will indemnify
the Board and save the Board
harmless from any claim or suit
arising out of the use of the land
as a public park or recreational
facility whether such use by the
public shall be active or passive in nature.
IN WITNESS WHEREOF the parties
hereto have hereunto set their
hands and seals this —A? day
of N . c+., e.z , 1973.
Signed, sealed and delivered
j
CITY OF CAPE CANAVERAL
in the presence of:
By
l
(
✓- I /�//-
ATTEST: -'
CITYSC�E ..
signed, sealed and delivered
BOARD OF COU ^jT.Y, „CO.L4ISSIONERS
in the presence of:
OF BREVARD COUcVTV,) FLORIDA
.
f
By . ,n ��1.�1.LQ..•.
Lee Wenner, Chairman
-2-
ATTGST�
Lrr�
Curtis R. Barn s, Clerk