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HomeMy WebLinkAboutResolution No.68-08® e RESOLUTION NO. 60 -0 A RESOLUTION APPROVING AGREEMENT AND SUPPLE- . MENT THERETO BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CANAVERAL CORPORATION FOR LEASE OF REAL PROPERTY FOR RECREATIONAL PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Florida, desires to lease a tract of land containing 10.53 acres, more or less, in Government Lot 3, Section 14, Township 24 South, Range 37 East, Brevard County, Florida, which is owned by The Canaveral Corporation, a Florida corporation, for the purposes of prodding recreational facilities for the City of Cape Canaveral, Florida, at a rental of ONE DOLLAR ($1.00) per year; and WHEREAS, the owner agrees to lease the aforesaid property to the City upon the terms and conditions set forth in the lease, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, that: SECTION 1, That the City of Cape Canaveral, Florida, hereby . approves the lease agreement between the City of Cape Canaveral, Flo, ida, and The Canaveral Corporation, a copy of same being attached hereto and made a part hereof, and further hereby approves the supplement thereto providing the following: (a) Ingress and egress to the described property therein being a roadway of satisfactory and sufficient width and located at a point agreeable to both the City and The Canaveral Corporation; and (b) That the rights of termination of the contract as forth' therein shall not be invoked by the lessor during March 1 through September 1 of any given year. SECTION 2. The City hereby authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City, • • SECTION 3. This Resolution shall become effective im- mediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of March, 1088. Mayor 1 ATTEST: YCity Clerk APPROVED AS TO FORM: City Attorney Of cc .. LZ i • CJ: GE ^,t G_ L C:, Q;. :. c..,zV,:z r..£ _...:...i_ t7 '__ T.0a l::- �..., u::G u ....1G .._ _.:_l o_ _`_- Of - ® 0 0 .... C. Gam.. to _ cz c, .:_GM r-2 .:0.._G::...., _ :;u�y or t0 LL zo • MICROFILMED J E 'A SE 4-10-80 cam- THIS LEASE made this day of 1968, by and between THE CANAVERAL CORPORATION, a Florida corporation, • hereinafter called the Lessor, and the CITY OF CAPE CANAVERAL, a Florida municipality, hereinafter called the Lessee. WITNESSETH, That in consideration of the covenants herein contained on the part of the said Lessee to be kept and performed, the said Lessor does hereby lease to the said Lessee the following described property: That part of Government Lot 3, Section .14, T24S, R37E, Tallahassee Meridian .described as follows: Begin at the point of intersection of the North line of Harbor Heights, Second Addition, a subdivision as per • plat thereof recorded in Plat Book 15, page 80, Public Records of Brevard Count , Florida, and the West line of said government Lot 3, and for a first course, run N 0° 40' 18" E, along said West line a distance of 510. 0 feet; thence for a second course, run S 890 20' 25" E, parallel with the North line of said Harbor Heights, Second Addition, and the North line of Harbor Heights, Third Addition, ' as per plat thereof recorded in Plat ' Book 15, page 81, aforesaid Public Records, a distance of 888. 0 feet to the- East line of property described in O, R. Book 435, page 178, aforesaid Public Records; thence for a third course, run S 0° 39 ' 18" E along said East line, a distance of 510. 0 feet to the aforesaid North line of Harbor Heights, Third Addition; thence for a fourth and final course, run N 890 20' 25" W, • along said North line and the North line of aforesaid Plat of Harbor Heights, Second Addition, a distance of 898.86 feet to the Point of Beginning. All being and lying in Government Lot 3, Section 14, T24S, R37E, Brevard County, Florida and containing 10.53 acres, more or less. TO HAVE A1cD TO HOLD the same for the term of five (5) years from the day of 1968; the said Lessee paying thereafter an annual rent of One ($1. 00) Dollar. And the_ said Lessee covenants with the said Lessor to pay said rent in one (1) payment on the date of the execution of this lease and on the :.e tate annually during theterm of this 1e4.,` • . 411 p If the Lessee shall have performed the obligations assumed by it under this lease and this lease shall be in full force and effect upon the expiration of the term hereinabove granted, the Lessee shall have the exclusive and irrevocable option to extend this lease for an additional term of five (5) years, under all the terms and conditions herein stated. In the event that the Lessee C) shall desire to renew this lease for the said additional five (5) years, it shallgive notice in writing to the r Lessor, not g m ! than three (3) months nor more than four (4) months prior to the expiration of the first term of its intention to renew the lease ;aa upon the terms and conditions herein stated, and upon giving the 9 00 said notice, the said lease shall be automatically extended for O the said additional term of five (5) years, The Lessee further covenants and agree .. with the "Lessor to S F pay in the name of the Lessor, as additional rent rorent for the real estate hereby demised, promptly when due, ell %•acer rates, and al: . taxes, assessments, and municipal or governmental char es, general and special, ordinary and, extraordinary, of every nature and kind whatsoever, which may be (a) levied, imposed, or assessed on the real estate hereby demised, or on any improvements thereon, at any time after the date of this lease. Every such tax, assessment, and charge shall in any event 'se paid in time to prevent the addi- tion of any interest or penalty thereto. Original or duplicate official receipts for every such tax, assessment, or charge shall be delivered to the Lessor within ten (IC) days after the payment thereof. Said demised ises shall be used only for a temporary baseball recreational area during the life of this lease. The Lessee further covenants and agrees that by December 31, 1969, it • - 2 - • • i • • will have completed the temporary baseball field for recreational purposes, and that it will continue to maintain it in good condi- tion during the term of this lease, The Lessee further covenants with the Lessor to make no un- lawful, improper or offensive use of the premises; not to assign this lease or to sublet any part of said premises without the written consent of the Lessor; however, the Lessor will not un- reasonably withhold its consent to an assignment of this lease to BZ the County of Brevard under the same terms and conditions of this C) lease; and Lessee agrees to quit and deliver up said premises at the end of said term in as good condition as they are now. r- ! The Lessee further covenants that during the t :r.c of th__; R7 lease it shall budget and appropriate, for recreat_o_ll ')ur ,c ;es, its a sum sufficient to meet the Easeball recreational needs of tne �. • citizens of the City of Cape Canaveral, and t___t a ;_.4: OD sum shall be expended on the leased prc The said Lessee hereby covenants and a _e carry public liability insurance on the leased ;: amount not less than .Three Hundred rA _ousanc ($300, 000, 00) and Five Hundred Thousand ($500, 000. 03) Dollars for damage to any person on the leased property by reason or the negligence of either the Lessor or the Lessee, and that it, the said Lessee _ere-Lv covenants and agrees that it shall protect, defend and hold herm- less the Lessor from any actions at l .w, complaints or claims for damages by reason of any use of the premises. The said Lessee further covenants and agrees that in the event the leased property is not used for the avowed recreational purposes for a period in excess of one (1) year, then and in that event the said Lessee shall become a tenant at sufferance and does • waive all right of notice and the Lessor shall be entitled km- mediately to re-enter and re-take possession of the demised premises. • 3 - • The Lessee does hereby covenant and agree to maintain, during the term of this lease, the integrity of the existing zoning of Lessor 's lands located north of the leased premises. The Lessee does further covenant and agree that for City taxation purposes the leased property shall be removed from the City' s Tax Rolls and not be subject to taxation during the term of this lease. It is further covenanted and agreed by the Lessee that it shall bond with a completion bond all contractual improvement t. e the leased property and will deposit, in escrow, with a Lreva_ .. C7 County bank, the monies to be expended for the particular p ted improvements prior to commencement of construct - hereby covenants and agrees that at the end of the 0 lease, to-wit, . , all peri a._ent p improvements to the leased property shall remain the -f;r , ;erty t the Lessee. The Lessee shall remove the said 7seranent00 CD improvements prior to the termination of this lease and _este_:e the leased premises to their original condition as f _ e:; _:.:,:��.i- p�" 1 cal. And the said Lessee hereby covenants and agrees that if de- fault shall be made in the payment of the rent as aforesaid, or if the said Lessee shall violate any of the covenants of this lease then said Lessee shall become tenant waiving all right of notice, and the Lesso.:. Shall be ..,__,_i:l:.d immediately to re-enter and re-take possession of the demised premises. The Lessee covenants to indemnify and save harmless the Lessor against any and all claims arising from the conduct or management of or from any work or thing whatsoever d ne, in or - 4 - • 0 about the demised premises , including any roads or passageways for ingress or egress to the leased premises, or any building or structure thereon or the equipment thereof during said term, or arising during said term from any condition of any street or side- , walk adjoining said premises or of any vaults, passageways or spaces therein or appurtenant thereto, or arising from any act or negligence of the Lessee or any of its agents, contractors or em- ployees, m-ployees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or corporations, occurring during said term on, in or about the leased premises or upon or :;_;der C) the sidewalks in front thereof, and from and against all costs, O T , counsel fees, expenses and liabilities incurred in or about any r- •4_ r such claim or any action or proceeding brought thereon. Cl It is further understood and agreed that this lease is made ibs and entered into subject to the right of the Lessor to voluntarily r..3 o.4 terminate this lease, without cause, providing that the Lessor O : will give notice of such termination to the Lessee, by registered mail addressed to the Lessee at the City Hall of Cape Canaveral, Cape Canaveral, Florida, and the Lessee agrees that within ninety (90) days from the receipt of such notice, to give possession of . said demised premises to the Lessor, or its successors or assigns, and in the event of such termination by the Lessor, the Lessor agrees to pay to the Lessee in cash the reasonable value of the physical, tangible improvements which cannot be removed from the leased premises- by the Lessee, discounted at ten (10%) percent per year from the original cost expended by the Lessee; said per- centage being the agreed ordinary wear, tear, and/or depreciation as herein agreed by the parties hereto, - 5 - . • 0 IN WITNESS WHEREOF, the said Lessor has caused these presents to be signed in its name by its President, and its corporate c`al to be affixed, attested by its Secretary, and t".e Lessee has caused these presents to be signed in its name by its Mayor and City Manager, the day and year first above written. Signed, sealed and delivered THE CANAVERAL CORPORATION in our presence: By Cyrus Luley, ?resident S Attest: C7 PU O rf CITY OF CAPE CANAVERAL 111 C7! By Richard R. Thurm, Mayor i '0 • Joseph Rickards, City Manager • • - 6 -