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HomeMy WebLinkAboutLease AgreementLEASE AGREEMENT FIRE STATION (190 JACKSON AVE.) This Agreement is made this 15th day of October, 2013, to be effective for the term stated herein, by and between the CITY OF CAPE CANAVERAL, the Lessor, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY," and CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., the Lessee, a Florida non - profit corporation, hereinafter referred to as "FIRE DEPARTMENT ". WITNESSETH WHEREAS, in accordance with an Agreement for Deed, dated January 17, 2012, the FIRE DEPARTMENT has conveyed the fire station located at 190 Jackson Avenue to the CITY, subject to the CITY constructing a new fire station on the property within 3 years and utilizing the FIRE DEPARTMENT for fire protection services for 20 years following the issuance of a certificate of occupancy for the new fire station; and WHEREAS, in furtherance of this conveyance the CITY has agreed to lease to the FIRE DEPARTMENT the new fire station once constructed, located at 190 Jackson Avenue. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the CITY and the FIRE DEPARTMENT agree as follows: 1. LEASED PREMISES Legal Description: Lots 7, 8, 15 and 16, Block 25, Avon By The Sea, a subdivision according to the plat thereof recorded at Plat Book 3, Page 7, in the Public Records of Brevard County, Florida. Physical Address: 190 Jackson Avenue, Cape Canaveral, FL 2. TERM The term of this lease agreement shall run concurrently with the FIRE DEPARTMENT providing fire protection and emergency medical services to the CITY. Said service shall be provided in accordance with Section 4.05 of the Cape Canaveral City Charter and the Agreement for Fire Protection Services approved by the FIRE DEPARTMENT and the CITY per City Resolution No. 2007 -27, as may be amended from time to time. Should the CITY terminate the services of the FIRE DEPARTMENT in accordance with applicable law and agreement between the parties, or the FIRE DEPARTMENT is no longer willing or able to provide fire protection services to the CITY, this lease agreement shall be deemed terminated at such time the agreement between the parties is deemed terminated. Upon termination of this lease agreement, the FIRE DEPARTMENT shall vacate the fire station and property within thirty (30) days of said termination. 3. RENTAL The FIRE DEPARTMENT shall pay the CITY the sum of one dollar and no cents ($1.00) annually. 4. REPAIRS AND MAINTENANCE The FIRE DEPARTMENT agrees to maintain, at its expense, during the term of this Agreement the fire station and property in a clean condition, free from debris, normal wear and tear excepted. In addition, the FIRE DEPARTMENT shall be responsible for maintenance services for the grounds and structural portion of the buildings including, but not limited to, such items as perimeter roll -up doors, electrical system, underground storage tanks, HVAC, fire alarm /sprinkler system testing and inspection pest control, emergency generator power, roof repairs, doors, windows, walls and plumbing up to $500.00 per service call or incident. For each service call or incident, the CITY will be responsible for any maintenance charges exceeding $500.00, if any. The FIRE DEPARTMENT shall also maintain, at its expense, all other portions of the building including daily cleaning, daily janitorial and custodial services, carpet, appliances, interior wall coverings, exterior doors, all furniture and fixtures and other such building items. 5. STRUCTURAL CHANGES OR MODIFICATIONS BY FIRE DEPARTMENT FIRE DEPARTMENT shall not make any changes, modifications, or capital improvements to the Station unless such changes, modifications, or capital improvements are submitted to the CITY for review and approval. Any and all such changes, modifications, or capital improvements will be permitted and constructed by mutual agreement and under all requirements of the CITY's building codes. This provision shall not apply to CITY initiated changes, modifications, or capital improvements to the station. 6. UTILITIES The FIRE DEPARTMENT agrees to pay all utilities including, but not be limited to electric, water, cable, sewer, and solid waste removal through the term of this Agreement. 7. LIABILITY FIRE DEPARTMENT assumes all liability for any and all losses and claims for damages as the result of its operations at this fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses and claims for damages as permitted by law. The FIRE DEPARTMENT shall purchase 2 8. and maintain at all times during the term of this lease agreement, commercial liability insurance to finance such losses and the CITY shall be listed as an additional insured on all such insurance policies. It shall be understood that any such insurance maintained by the FIRE DEPARTMENT shall be primary over any existing CITY insurance for losses and claims for damages arising out of the acts and omissions of the FIRE DEPARTMENT operating the fire station. The FIRE DEPARTMENT shall also assume all liability for any and all losses, damage, thefts, or liabilities regarding its own equipment and the possessions of their employees while occupying the fire station. FIRE DEPARTMENT agrees to defend, indemnify and hold the CITY harmless for all such losses, damages, thefts and claims as permitted by law. CONTINUED USE The FIRE DEPARTMENT agrees that the fire station will only be used for purposes of permitting the FIRE DEPARTMENT to provide fire protection and emergency medical services. The FIRE DEPARTMENT will not close, vacate, relocate or change the use of fire station without the prior written approval of the CITY. The CITY reserves the right to inspect the fire station and property at any time by providing reasonable notice to the FIRE DEPARTMENT and to use the fire station and property provided said use does not unreasonably interfere with the FIRE DEPARTMENT's use for fire protection and emergency medical services. However, it is acknowledged and agreed by the parties that the existing fire station will be closed and vacated by November 1, 2013 unless otherwise authorized in writing by the City. Upon issuance of the certificate of occupancy for the new fire station, the FIRE DEPARTMENT will promptly occupy and operate the new fire station. 9. NOTICES All notices required hereunder shall be by first class mail, except that any Notice of Termination shall be mailed return receipt requested. Any notice hereunder shall be addressed to the party intended to receive same at the following addresses: For the CITY: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 For the FIRE DEPARTMENT: Chief /CEO Cape Canaveral Volunteer Fire Department, Inc. 190 Jackson Avenue Cape Canaveral, FL 32920 10. PUBLIC RECORDS In accordance with section 119.0701, Florida Statutes, FIRE DEPARTMENT agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the CITY pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. FIRE DEPARTMENT agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the CITY in order to perform the services required by this Agreement. FIRE DEPARTMENT also agrees to provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided bylaw. FIRE DEPARTMENT shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, FIRE DEPARTMENT shall meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the FIRE DEPARTMENT upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If FIRE DEPARTMENT does not comply with a public records request, the CITY shall have the right to enforce the provisions of this Paragraph. In the event that FIRE DEPARTMENT fails to comply with the provisions of this Paragraph by acting frivolously or in bad faith, or the FIRE DEPARTMENT erroneously withholds public records by intentionally taking a public records exemption legal position which is contrary to the CITY's legal position that the records are subject to public disclosure, and the CITY suffers a third party award of attorney's fees and /or damages for violating the provisions of Chapter 119, Florida Statutes due to FIRE DEPARTMENT's failure to comply with the provisions of this Paragraph as stated above, the CITY shall be entitled to reimbursement of the third party award from the FIRE DEPARTMENT. This Paragraph shall survive the termination of this Agreement. 11. SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion 4 thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgement, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused their respective representatives to execute this instrument on their behalf, at the time set forth below. By- avi id Sarge nt, Chief Exew ive Officer . .. . . . . . . AtT' EST— Approved as to Form and Legal Sufficiency: Fire Department Attorney P By: David L,. Greene, City Manager% ATTEST: B Angela Apperso , ity Clerk Approve,O as to Form and Legal Sufficiency: City Attorney