HomeMy WebLinkAboutFirst Addendum Lease Agreement Fire Station (190 Jackson Ave) 10-21-14 FIRST ADDENDUM
LEASE AGREEMENT FIRE STATION (190 JACKSON AVE.)
This First Addendum is made this 2lstday of October, 2014, 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, the parties previously entered into that certain Lease Agreement Fire Station
(190 Jackson Ave), dated October 15, 2013 ("Lease"); and
WHEREAS, the parties desire to amend the Lease to clarify that the Fire Department will
be required to insure the fire station building against loss or damage; and
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. Paragraph 7 Liability of the Lease shall hereby be amended to add the following
underlined text:
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
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. In addition, the FIRE DEPARTMENT shall purchase and maintain
at all times during the term of this lease agreement, property insurance to insure the
fire station against loss or damage.The property insurance carrier must be mutually
acceptable to the parties. FIRE DEPARTMENT shall provide the CITY evidence of
such insurance by maintaining on file with the City Manager a current Evidence of
Property Insurance form (listing the City as a Loss Payee) and a Certificate of
Insurance form (listing the City as additional named insured). If the FIRE
DEPARTMENT fails to maintain the property insurance at any time during the term
of this Lease, the CITY reserves the right to purchase such property insurance and
the FIRE DEPARTMENT shall reimburse the CITY for the actual cost incurred by
the CITY to purchase said insurance.
2. All other terms and conditions of the Lease not modified by this First Addendum
shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused their respective representatives
to execute this instrument on their behalf, at the time set forth below.
CAPE CANAVERAL VOLUNTEER FIRE CITY OF CAPE CANAVERAL,
FLORIDA DEPARTME T, INC.
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23 •
BY• _= BY: 00.4 7- 7i 14,
David Sarg 'fit, David L. Greene, City Manager
Chief Executive Officer
A • ATTEST:
11111\ - By: Ct/�' - 11A
Angela Apperson, Cclerk
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Approved as to Form and Legal Sufficiency: Approved s to Form and Legal Sufficiency:
/41>tFire Department Attorney City Attorney
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