Loading...
HomeMy WebLinkAboutResolution No. 1978-26 r _ . ` MIC,ROFILMED 4-1,1r&0 RESOLUTION NO. 78-26 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO A LEASE CONTRACT WITH CANAVERAL BEACH GARDEN APARTMENT, INC. , FOR THE LEASE OF SPACE FOR THE CAPE CANAVERAL PUBLIC LIBRARY; PROVIDING AN EFFECTIVE DATE. -- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor and City Clerk are hereby authorized to execute a Lease Contract with Canaveral Beach Garden Apartment, Inc. a Florida corporation, a copy of which is attached hereto and made part hereof, for the lease of space for the Cape Canaveral Public Library. ° SECTION 2. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, t Florida, this 15th day of June , 1978. 411 co Op tAzz T �- 1\\ . p , pAtte . �;�.: boa „.‘ _ srl.',a NAME YES NO BOYD MURPHY • •- . ,-0 as to form: ‘.4 / RIGERMAN 1 ITHURM I�[ I 12_t `, ' (Y�E►.T o.Aj I f=-L I ttorney • I e r — _ - ^e • • r X .. .b,_ .� 1 i • •T , 9_ , a • M MICROFILMED 4-11-80 ' LEASE CONTRACT THIS AGREEMENT, made and entered into this Al day of ,,u. _ , 1978, by and between CANAVERAL BEACH GARDEN APARTMENT, INC. , a Florida corporation, P. 0Drawer S, Cape Canaveral, Florida, hereinafter called the Landlord, and the CITY OF CAPE ` CANAVERAL, FLORIDA, hereinafter called the Tenant; WITNESSETH: That said Landlord does by these presents lease and demise unto the said Tenant the following described property being situated in the City of Cape Canaveral, 16rev:akd County, Florida, to-wit: That portion of the Palms East Apartment Office Complex located at 211 E. Caroline Street, Cape Canaveral, Florida, comprising the area formerly known as the "El Nido Club", approximately 4, 000 square feet, including a fenced in open area in the rear of the building, together with the non-exclusive use in common with all other tenants therein, of the driveways, parking areas and walkways, all as shown on the Plot Plan attached hereto, and marked Exhibit "A". 1. TERM OF LEASE. This lease shall be for a term of five (5)years, beginning June 1, 1978 and ending May.31, 1983. 2. OPTION TO RENEW. The Tenant shall have the right to renew this lease upon the same terms and conditions as set forth in this lease, including 1 rental amount, for an additional five (5) year period, commencing June 1, 1983 through May 31, 1988. Tenant shall be required to give Landlord at least. sixty (60) days notice in writing of its intention to renew, or no later than April 1, 1983. 3. PURPOSE. The Tenant intends to use the leased premises as a Public Library and all other uses incidental thereto. 4. RENTAL. Tenant agrees to pay to Landlord at P. O. Drawer S, Cape Canaveral, Fflorida,,or at such oth place as Landlord may hereafter designate in writing, a monthly rental of $600.00 for each and every monthflf this lease, in advance. • MICROFILMED 4-11-80 In consideration for certain modification and repairs to be made by the Tenant on the leased premises, the Landlord agrees that there shall be no monthly rental due from Tenant for the initial four (4) months of this lease. The first monthly rental payment shall be due and payable by the Tenant on October 1, 1978, and on the first of each month thereafter during the term of this lease. 5. Tenant covenants and agrees as follows: (A) To pay the Landlord the rental herein stipulated at the time and in the manner herein provided. la (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 up the leased premises in as good a state and condition as received by the Tenant, except for reasonable wear and tear, damage by fire and the elements, or other causes beyond the Tenant's own control. (C) To keep the i:t terior of the building, including the plumbing, water closets, pipes, fixtures and interior walls belonging thereto in good repair and to take good.care of the property and its fixtures and suffer no waste, and keep the water pipes and connections free from obstruction, to the satisfaction of the municipal and governmental authorities, during the term of this lease, all at Tenant's expense. (D) Tenant shall not leave the premises vacant during the term of this lease, without notice in writing to the Landlord. 6. The Landlord covenants and agrees as follows: (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 Tenant, so long as no default exists in the payment of rent, or in the performance of Tenant's other covenants contained herein, shall peacefully and csietlyladliti and enjoy the leased premises for the term hereof, provided that this lease shall not imply any obligation on the part of 2. MICROFILMED 4-11-80 Landlord to keep said leased premises or any part thereof in good repair, except the foundation, exterior walls, -and the roof, as to which the Landlord does agree to maintain in good repair, provided that Tenant shall, upon discovering needed repairs, promptly notify Landlord of same. (C) That the Tenant may assign this lease or may sublet all or any part of the leased premises, provided that such assigning and sub- letting in all respects be subject to and governed by the terms of this lease, and that Tenant 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 be occupied for any business or purpose deemed to be extra-hazardous on account of fire. (D) Landlord will pay all real property taxes and assessments with respect to the leased premises, but not with respect to any property owned by Tenant. (tE) Tenant agrees to provide normal preventative maintenance or minor repairs on the air conditioning units located in the leased premises. All major replacement and repairs of said air conditioning units shall be the responsibility of the Landlord. 7. Landlord agrees at his own expense to maintain the foundation, exterior walls and the roof of the building. Tenant agrees, at its own expense, to maintain all glass, including plate glass. 8. In the event the leased premises are partially damaged or destroyed or rendered unfit for occupancy by fire, tornado, or other casualty, Tenant shall give immediate notice to Landlord, who shall thereupon at Landlord's expense, repair and restore the premises to substantially the condition in which it was immediately prior to the happening of such casualty. Landlord shall allow Tenant a fair diminution of rent during the time the premises are partially unfit for occupancy; but, if the demised premises are totally destroyed or rendered wholly unfit for occupancy, either Tenant or Landlord 3. • r- MICROFILMED 4-11-80 may terminate the lease, in which case rents shall be paid only to the time of such destruction or casualty. If neither Landlord or Tenant elect to terminate the lease, the Landlord shall rebuild the premises, in which case this lease shall continue, but the rent shall abate until the premises have been rendered tenantable. 9. That the Landlord shall not be liable to Tenant or to Tenant's employees, patrons or visitors for any damage to person or property caused by any action, omission, or negligence of Tenant or any other Tenant of said leased premises, and Landlord agrees to hold Tenant harmless from all claims for any such needed repairs to the foundation, exterior walls2 and/or roof of which Tenant has promptly, upon discovery, notified Landlord. Tenant agrees to carry public coverage of $100, 000.00 for injuries to one person; $300, 000.00 for injuries to more than one person, in one accident; and $5, 000.00,. roperty damage; and to furnish the Landlord with a copy of said insurance policy. 10. In case of default by the Tenant in any of the covenants on its part herein contained, Landlord may enforce the performance of this lease in any manner provided by law, and at the option of the Landlord, this lease may be forfeited if any such default continues for a period of thirty (30) days after Landlord notifies the Tenant of such defaultand of Landlord's intention to declare the lease forfeited; such notice to be send by Landlord by registered mail, addressed to Tenant at 105 Polk Avenue, Cape Canaveral, Florida, 32920, and upon theexpiration of said thirty (30) day period (unless Tenant shall have 'within such period commenced the removal of such default and thereafter shall proceed with due diligence until the default complained of has been removed or cured), this lease shall cease and come to an end as if that were the day originally fixed for the expiration of the term thereof, and Landlord's agent or attorney shall have the right without further notice of demand to reftenter and remove all persons from Tenant's property 4. • • MICROFILMED 4-11-80 without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rentor breach of covenant, or Landlord's agent or attorney may resume possession of the premises and relet the same for the remainder of the term at the best rental such agent or attorney may obtain for the account of the Tenant, who shall pay to the Landlord any deficiency and Landlord shall have a lien as security for the rent reserved upon all the goods, wares, chattels, implements, machinery, equipment, fixtures, tools and other personal property belonging to the Tenant which are or may be put upon the leased premises. 11. In the event the Tenant shall be adjudged bankrupt or make voluntary assignment for the benefit of creditors or otherwise be dissolved, or in the event its leasehold estate shall be taken on execution, then, at the option of the Landlord, upon five (5) days notice to Tenant of the exercise of said option, this lease shall cease and terminate. In the event a receiver is appointed for the Tenant and is not discharged within thirty (30) days after appointment, this lease, at the option of the Landlord, may be terminated. 12. If the Tenant shall hereinafter install at its expense any shelving, lighting and other fixtures, air conditioning units, portable partitions or any trade fixtures, or if the Tenant shall hereinafter install or apply any advertising signs or other standard identifications of Tenant, any article so installed or any identification so applied shall be the property of the Tenant which the Tenant may remove at the termination of this lease, provided that in such removal the Tenant shall repair any damage occasioned to the premises. The Tenant shall pay all charges for water and sewerage services and shall pay all charges for electricity. The Tenant shall supply and pay for its own janitorial service and garbage and trash disposal service. The Landlord agrees not to store inflammable materials or supplies in the area designated as "Office No. 5" on the attached Plot Plan, being Exhibit "A". 5. lk MICROFILMED 4-11-80 13. All persons are put on notice of the fact that the Tenant shall never, under any circumstances, have the power to subject the interest of the Landlord in the premises to any mechanic's or materialmen's liens or liens of any kind; and all persons dealing with the Tenant are hereby put on notice of the fact that they must look wholly to the interest of the Tenant in the leased premises and not to that of the Landlord. 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, this 1, day of , 1978. �� a�. ,ta,. biU'KJyl e/ ,-," Witnesses: ANAVERAL BEACH GARDEN'''�'" r` c ae PARTMENT, INC.]NC, ,t fs ;* vimitiv, -.-C-a2 \IaeLed2A:1-4A- BY (#1 iii-1 0 \4 .' %1 ( ...- _, . ,- •,,,,,,,,,144,5;44-'•04'7 ' 1 ,r.,.. r, 7 rAii.4.-..... Vi i e Pres rent •, ,, .. Landibrdiv- ... F.{,.� ;;;'4 CITY OF CAPE CANAVERAL, FLORIDA k �0a ( pVEtt C ipi LL:ed_2_71_ \, ;„2(...,z,,,..j„.s..2______ By • 'K .,, dsoo,°oc R F :`4'---1.4.''''''' �fittest : M .�o �4 f, - ayor o y� $ rc-eo °;,-(1) .� � ..+ ft,�.(�"y �ryt fy .. ap, � i . City'dC 146,41 ': :[ l i s'f 1 ` ir' v y' • Tenant .. .�Ya � � Qyam .o of- - na1 007�N 6. . _ , . S . MICROFILMED 4-11-80 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, GEORGE H. FIRKINS, JR. , Vice President of CANAVERAL BEACH GARDEN APARTMENT, INC:, known to me to be the person who signed the foregoing instrument as such officer, and acknowledged the execution thereof to be his free act and deed as such officer, for the uses and purposes therein mentioned and that he affixed thereto the official seal of said corporation, and that instrument is the act and deed of said corporation. Given under my hand and seal of office, this 02 day ofd ix;>*:,r,-;.--. ,-,.!... , 1978. ,f kms; g . 4oa d �;,. 'V ,t---;:- .,--',.'4!--:`,.::4,--::44°-.,-:--,..,,-'-,, Notary Public, to of:-, 'lot d 6: `,z•_ L tiii6t4 <:. My commission expires: ;;� • ao-°,��• ,:, zt. Notary Public, State of Florida at Large ''''44..•A,j •,;(''-•,�' My, commission expires Feb, 23, 1982 , 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 take acknowledgments, ANN THURM, to me known and known to me to be the person who signed the foregoing instrument, as Mayor of the City of Cape Canaveral, Florida, and acknowledged the execution thereof to be her free act and deed as such official, for the uses and purposes therein mentioned, and that the seal affixed thereto is the official seal of said City, and that said instrument is the act and deed of said City. Given under my hand and seal, this L/ --day of , 19.7.8.^ ;,ehea 7ai(ijiii' • n. +Id:"QOM�N t.+�ffid- ,..1?-'''-'," , Notar s? -'iNotary Publi , State of Flor clarkit I i 9 : My commission expires °" NOTARY PL+Btl( STATE Or FLORIDA AT LARC.s ',� yr lye"L�pr MY COMMISSION EXPIRES MAY. 25 3981 ', J4Ao �.`'-,.. n `'"r alg.5—i/iiiii II t±fill.. �,...,.<_. COtDED T34&)GENERAI. iNS UIJD'RWit ITE^,c. 7. — 98L 'ON NOIJ,[TIOS2 T QII JNEIisEIDVIN • -- _ : • c. _ _ - _ - aearL aq assaZ eau," �T �qXu 3o t d_ .' . •I-7:-",/.-}(. �� Rte, •A,I�r I •,..�A,1,r.l.i.---�__�'�.-^I .._.,". . r .! V r .1 '•II t\. . I • ., `i. •...-,i. ..� M.T.J ,_ -'i! -_ r• rt N .._ . r __ c� +}}+ �' I ';�ti 1 0�{,F` < ?...*--s---. .r' 1I 1T- .) .0,--17- 1_ I�� (0' T { v I A • rf k'`4 ,, C A Z P E T N I I I- r t- H-•7 r 1.1 - 1 • r ;r .-}�•_- ' 3-07 21CK PLAT TE?. Ir I I . .1' '7`O .. ✓^ •_-r- r' J� 4 ►p •• • !—+ r • • •• r' Z r f ) e 'rl •' .i 'll • :4.... '''-• 1 .. • " j • • • r•: • • . ... .•. z7',.0`i- 1 • .1-7. 00 i ,S. vinyl • ^j I'_i'' •_ ... _ 1 _L• • -� 28-A`� �'�� 1 1' r r ./-� r 1 \1 - .1__J•r' •1{ f1 � i,; 1 • • .r O .,, H• n • •.r''J 1 i • vE: • t`` ti L.• . i -r'6 -i tV - -' j. ✓ T' ,-1i. • ... 'r • ./: Baa ' •� I zit 1,._. I , r x ,q r, . • • . ' �.' : I .:. .� __t %J, - ,tn•_ ... .. .r_ .I .•. �hi.,:j= _:'.. �——— Gy: •_ 4,. I ia1 '.-7 i ..� \ N ^ I � . • • o • k 1 i. . 1 • 1•' '.1 . .-4 litt:..1 HZy I - i `N. •J ,,,,•-•`,:.•.Y.,. : -^ i r•, S1 L :;I •✓G"rn - . 1 ;I1 . Tl.` - I r� i!- . . . . • . z, r, • Ll - 0 ,r 'r1 `� % Z 1 E1..../ ''...I • - ... • ri• '-;,• . • I-.47' , �2 -— ---- =•: _r,__ —..__. ... 7 +a� + i. Gt :'r. '.:Al.,,' � ''C.J Al.•iED _ `• ; +V —j \ ' .1c2 _i15i 1=AKaL1 HB(:\ Z-(1_1.4..r) `t „1) : I ' - ' • - . • it Y,;. :LIHIHXH - - , .3. - c o ° 13170 ' D " rom Pe As� #f o � U t GEORGE1.F1RKINS,JR 4.11-80 L � U 1‘)N„ -- rC\ 6- 44'; 4/1-- : 4•-'40X 134 OvC411-"jvC t3A-±43. n 0-,, QTh(\;,9A 0* u4N, p.sttl ' o ‘14\ s- ct-e \)(1 . ,0- L . Q,21-1, i ; W RA-1- 7•17,,r ) -)\,t" Lk-3-1d4- (\ ° :. 1011, \ c0)&i- %.4r-ti-0 1. 0 kiD � IV�� 9,66(6,4, 9..x (114.14:11) � Q1/4›,k. t 'tCk . a „ , $1..kykt. 4,:/4-1;\-- n t,s..,,d( 41.091-$44 ' - 7 k I 0 Ifv"A"i'l G . • ATTAcHME VT TO RESOLUTION �'�V�> NUMBER 78-26 • • • • i • t • • • • • • • A r4S ,Ifki=2) • • • • • • • --.. - i ..� ..