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HomeMy WebLinkAboutResolution No. 1970-12 • MICROFILMED trr -s 4-10-80 RESOLUTION NO. 70-12 RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO A LEASE CONTRACT WITH SHUFORD DEVELOPMENT COMPANY FOR RENTAL OF SPACE FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Shuford Development Company has vacant office space for rent in the City of Cape Canaveral, Florida, and II WHEREAS, this office space is suitable for the location of the • Cape Canaveral Public Library and it is the desire of Shuford Develop- . ment Company to lease this space to the City of Cape Canaveral, for said library, and WHEREAS, the City of Cape Canaveral, Florida desires to re- locate the Cape Canaveral Public Library to this vacant office space, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, that SECTION 1: The City of Cape Canaveral, Florida does hereby authorize the Mayor and the City Clerk to execute a Lease Contract between Shuford Development Company and the City of Cape Canaveral, Florida, a copy of which is attached hereto and made a part hereof and marked "Exhibit A", which Lease Contract provides adequate facilities for the Cape Canaveral Public Library. SECTION 2: This Resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, • rek Florida, this '�' day of April, 1970. Mayor Attest: City Clerk proved ag to Form: LA-I City Attorney RES 70- 1k- PAGE 0- 1PAGE 1 OF? L E A S F . C O N T R A C T THIS AGREEMENT, made and entered into this 7th day of April 19?7 by and between SHUFORD DEVELOPMENT COMPANY, a Florida Corporation, P. 0. Drawer S, Cape Canaveral, Florida, hereinafter called the LESSOR, and the City of Cape Canaveral, Florida hereinafter called the LESSEE. WITNF.SSETII: Tlint 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: Building 169-175 , in Canaveral Beach Gardens Shopping Center, located on the Southeast corner of palm Avenue (Old S.R. 401) and Canaveral Reach 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 , 1970 , and ending S AeLher 30 1972. two ( 2 ) YEARS thereafter, to be occupied and used as a iata1l _public library. , upon the following terms and conditions: 1. LESSEE agrees to pay to LESSOR at P. 0. Drawer S. Cape Canaveral, Florida, or at such other place as LESSOR may hereafter designate, in writing, a rental of $ 250.00 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 $250,00 ns rent for the month of October ,__ 194Q and a deposit of S_250_.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 rental herein stipulated at the time and in the manner herein provided. (b) To take good care of the leased premises and suffer no waste, and at the end or other expiration of the term of this lease, to deliver the leased premises in as good a etote and condition as received by the LESSEE, reasonable wear and tear, damage by fire and the elements, or other .causes beyond the LESSEE's own expense. -1- s %o —�� PACE P, OF (c) To keep the interior of the building, Including the plumbing, closets, pipes and fixtures belonging thereto in good 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 governmental 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 Be follaws: (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 which the LESSOR does agree to maintain in good repair, provided that LESSEE. shall, upon discovering 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 further provided that no part of said premises shall be occupied or permitted to he 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 anv property owned by LESSEE: PROVIDED, However, that the LESSEE will pay its proportionate share of any increase in ad valorem taxes over the first full years assessment on the said shopping center and completed improvements, said proportionate share to be the proportionate amount of square feet of floor space In the demised premises as related to tile total square feet of floor apace in all of said improvements. -Z- IRES �o-la. PAGES OP7 y, In the event the demised premises are partially damogod E destroyed hall or rendered unfit for occupancy by fire, tornado, or other casualty, LESSEE shall upon at its expense repair and Rive immediate notice to LESSOR, who shall there e premises to substantially the condition in which they wer restore [h e immediately prior to the happening of such casunity. LESSOR shall allow LESSEE. a fair diminution of rent during the time the premises are partially unfit for occupancy: s are totally destroyed or rendered wholly unfit for but, if the demised premise occupancy, either LESSEE or LESSOR may terminate this Lease, casualty- which case rents shall be paid only to the time of such destruction or shal a neither LESSOR or LESSEE elect to terminate the Lease, the LESSOR shall rebuild [he premises, in whicl, 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 tvE caused by employees, patrons or visitors for any damage to person or proper any action, omission, or negligence of LESSEE. or any other tenant of said demised premises and LESSEE agrees to hold LESSOR hTmm�intenonce or failure to mskeuch damage, except claims arising out of improper needed repairs to the foundation, exterior walls and /or roof of which LESSEE has promptly, upon discovery, notified LESSOR. LESSEE agrees to carry public . liability insurance naming LESSOR as one of the insureds, having a minimum coverage of $100,000.00 for injuries to one person: 5300,000.00 for injuries to more than one person, in one accident; and $5,000.00 property damage; and to furnish the LESSOR with a copy of said insurance policy. 6 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 manner provided by law, and at the option of the LESSOR, this Lease may be forfeited if any such default continues for a period of THIRTY (30) DAYS after LESSOR notifies the LESSEE of such defaults and of LESSOR's intention to declare the Lease forfeited; such notice to be sent by LESSOR by Registered Mail, addressed to LESSEE at the demised peemisea, and upon the expiration of said THIRTY (70) DAY P---l' d (unless LESSEE: shall have within such period commenced the removal of such default and thereafter shall proceed with due ise Lease shall or cured), until the default complained of has been removed originally fixed for the cease and come to an end as if that were the day cxp ira[Son of the term thereofd LESSOR'S agent or attorney , an shnl e oil p arsons from right without further notice of demand to re -enter and remov -3- �Es I0 —IQ-- PAGE Af-OF7 LESSEE'S property therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrant of rent or breach of rele not, t or LP.SSOR's agent or attorney may possess of the premises and el resume p the same for the remainder of the term ar who shallPay a to the attorney eat the LESSOR any may obtain for the account of the LESSEE, for the rent reserved upon deficiency and LESSOR shall have A lien as security equipment, fixtures, All the goods, wares, chattels, implements, machinery, 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 :ease -hold estate shall be taken on execution, then, at the option of the LESSOR, upon FIVE. (5) DAYS xercise of said option, this Lease shall cease and notice to LESSEE of the e ted far the LESSEE and he is not terminate. In the event A receiver is aPPoin discharged within THIRTY (30) DAYS After his appointment, this Lease At the option of the LESSOR may be terminated. the LESSOR g, For the same considerations as are hereinnbove set out, does hereby grant to LESSEE an option to renew this lease As follows: (a) LESSEE. may renew this lease for an additional period of Iwo ( 2 ) YF.AAS, 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 Ito renew this termination lda[e ofi this Lease for period on or before THIRTY (30) DAYS preceding Registered Mail at Lease. Such written notice shall be sent. lace as LESSOR may hereafter, in its above -named address or at such other p writing, designate. tion (c) Any extension of this Lease by the above - granted shall be under the same terms and condition. of this Lease, and the r rental per month. 0 p shall be the sum of $ 250.0 any shelving, g. If the LESSEE -11111 hereinafter Install agrtnble expense partitions or any lighting, and other fixtures, air - conditioning units, P any adver- trade fixtures, or if the LESSEE shall hereinafter install or Apply rising ai Rns or other standard identifications ro property the I.ESSF -ie which the so or anv ldentificatS lias on eo applied shall be the p P -O- R E S 1 0- �'a'• PAGES OF'7 LESSEE may remove at the termination of this Lease, provided that in such removal the LESSEE shall repair any damage occasioned to the premises. It is understood that LESSEE shall be responsible for installing and paying for air conditioning, if LESSEE. desires same. Before moving any equipment to the demised premises, the LESSEE shall provide access to same to LESSOR for LESSOR to determine whether such equipment is 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 and pay for Its own janitorial service and garbage and trash disposal 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 materialmcn's liens or liens of any kind; and all persons dealing with the LESSEE are hereby 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 cf the LESSOR. 11. LESSEE covenants and agrees to subordinate his interest In the premises and improvements thereon to a construction and permanent mortgage for the building, of the improvement described herein and to execute such instruments as are necessary for said subordination, including joining in the mortgage, if necessary, but only to subject the LF.SSEE's interestte said mortgage. LESSEE. further agrees to 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 shall inure 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, this day of , 19_. LESSOR SHUFORD DEVELOPMENT COMPANY ATTEST: By Alex Shuford, President C. M. Chumlev, .It., Secretary -5- RES 0- Ix PAGE 6 OF7 LESSEE. ATTEST: As Witness for LESSEE By STATE OF NORTH CAROLINA ) COUNTY OF CATA14BA ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths, and to take acknowledgements, ALEX SHUFORD and C. M. CIVILEY, JR., President and Secretary, respectively of SHUFORD DEVELOPMENT COMPANY, known to me to be the persons who signed the fore- going 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 said corporation and that instrument is the act and deed of said corporation. GIVEN UNDER HY HAND AND SEAL OF OFFICE, this day of , 19 . NOTARY PUBLIC IN AND FOR THE COUNTY OF CATAWBA My Commission Expires: 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, , to me known and known to me to be the person who signed the foregoing instrument, and acknowledged the execution thereof to be free act and deed, for the uses and purposes therein mentioned. 19 . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , -6- NOTARY PUBLIC IN AND FOR THE COUNTY OF BREVARD My Commission Expires: RES 70- )Z, PAGE 7 O0