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HomeMy WebLinkAboutResolution No. 1981-59 . , ! , • •• F1 I MICRC1 , , c. • • - 413,SD1- b R 1-6,‘ RESOLUTION NO. 81-59 rteve,N, 4vti k.„4.. A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT AND ADDENDUM / WITH THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS , TO LEASE THE CITY OF CAPE CANAVERAL POLICE DEPARTMENT FOR THE BREVARD COUNTY SHERIFF 'S DEPARTMENT; PRO- tw.tknARQ-A _... VIDING AN EFFECTIVE DATE. , I BE IT RESOLVED BY the City Council of the City of Cape I Canaveral, Florida as follows; 9SECTION 1 . The Mayor and the City Clerk are hereby authorized to execute an Agreement with the Brevard County Board of County :Commissioners to lease the City of Cape Cana- veral Police Department for the Brevard County Sheriff 's Depart- Al- ment; a copy of said Agreement and Addendum are attached hereto and made a part hereof by reference. ,r SECTION 2 . This Resolution shall become effective immed- iately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1 day of October , 1981. .,•,i4-rot,..-',,, ;„.. pli, fe, ) i;cii , i, f. x Mayo" it, , .?" A'`it, / / * , ) s ;,;!;!!•;!,,,i:',,,! '".,-;-„.0,0- „4„*., : , ,ti,: ,,,,,:i-,,,,., 4r/ ,, ,:. . i.., • q041Q1*-tKF[6:!;0,M: c• .• .,-.1,„,!. 05PVEA ,..,..-- • 0 ,A4AIrtvvb,S.'0' Mill NO ...e !„/ Approved, as to form: BOYD IIIIII IMIIIIIIII / i 1111.111FAIII iii l'illi i (i rem A cis, I Corney RUTH ERFOF )aum ...;. MEC 1-18-83' .i • AT] CHIENT TO RESOLUTION NO. 81-59 (NEVER SIGNED BY SHERIFF 'S DEPT.) LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1981, by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as "Landlord" , and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Tenant" . WITNESSETH That the Landlord, for and in consideration of the covenants herein contained on the part of the Tenant to be kept and performed, hereby devises, leases and lets unto the Tenant those certain premises located at 111 Polk Avenue, Cape Canaveral, Florida 32920, and commonly referred to as the City of Cape Canaveral Public Safety Building, more particularly described as: Avon-by-the-Sea, Plat Book 3 , Page 7, Lots 6, 7, and 8, and Lots 15 and 16, Block 46, all lying and situate within Section 23 , Township 24, Range 37 (Subdiv. No. C-G) in Brevard County, Florida, along with those items of personal property located on the said premises and listed on the Brevard County Sheriff ' s Department'.s--Official Property Inventory Report dated September 15, 1981, as corrected, a copy of same being attached hereto labeled "Exhibit 1" and incorporated herein by this reference, excluding and exception that portion of the aforesaid real and personal property used for records storage and/or by the City of Cape Canaveral ' s records clerk and said City' s investigator, the same being hereinafter collectively referred to as "leased property" . To have and to hold unto the Tenant on the following terms and conditions : 1. Term: The term of this Lease Agreement shall be from October 2, 1981, through September 30, 1982. V � CO • MICRCFIr11 •� D a.�g.83 2. Rental Payments: Tenant hereby agrees to pay to the Landlord as rent for the use and occupancy of :the leased property, the following sums: For_ the period commencing October 2, 1981, through September 30, 1982,. the sum of Seven Thousand Five Hundred and No/100 Dollars ($7, 500. 00) , payable in monthly installments of Six Hundred Twenty-Five and .No/100 Dollars ($625. 00) per month. All rental payments shall be payable monthly on the fifteenth day of each month during the term of this Lease Agreement. All rental payments shall be due and payable at the City of Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, Florida 32920. 3. Utilities: ' The Tenant shall pay all charges for the installation, service and rental of telephones installed on the leased property and all other utilities furnished to the leased property. 4. Repairs and Maintenance: The Tenant shall provide and bear the cost of all necessary- internal maintenance and minor repairs to the leased property. Such repairs and replacements shall be made promptly as and when necessary. All repairs and replacements shall be in a quality and class at least equal to the original work. The Tenant agrees to keep. the leased property free and clear of any obstruction, rubbish, or litter and to provide ordinary and routine janitorial service for the leased property and any improve- ment located thereon. Tenant agrees to keep the leased property in at least its present condition and to return same to the Landord at the end of the term in its present condition, reasonable wear and tear expected. By execution of this Lease Agree- ment, the Tenant accepts the leased property in its present condition. • -2- MICROFILMED 1.18.83 The Landlord shall provide and bear the cost of all necessary external maintenance and major -repairs and all structural repairs to the leased property. Such repairs and replacements shall be made promptly as and when neces- sary. 5. Improvements: The plans and specifications for all improvements made by the Tenant to the leased property shall be submitted to and approved by the Landlord prior to the construction of such improvements, which approval shall not be unreasonably' withheld Upon termination of this Lease Agreement, all improvements constructed, placed or installed by the Tenant on the leased property shall become the property of the Landlord; provided, however, that any carpeting installed-.by the Tenant shall remain the property of the Tenant and the Tenant shall have the right upon termination of this Lease Agreement to remove same. provided no damage 'is done to the leased property. 6. Use of the Leased Property: Tenant shall use the leased property as a substation for the Brevard County Sheriff' s Department or for some other public purpose. 7. Illegal, Unlawful or Improper Use: The Tenant shall make no unlawful, improper, ' immoral or offensive use of the 'leased property, nor will the Tenant use the leased property or -allow the use of the leased property for any purpose other than that hereinabove set forth. • Failure of the Tenant to comply with this provision shall be considered a material default under this Lease Agree-' ment and subject same to termination by the Landord. 8. Right of Entry by Landlord: Landlord or its agent may, at any reasonable time, enter in and on the leased property for the purpose of inspecting such property, perform- ing such duties as are required by the' terms of this Lease Agreement or the rules regulations, ordinances or laws of -3- MICROFILMED 1.18.83 any governmental body, and making such repairs and altera- tions as are necessary for the preservation of the leased property. 9. Compliance with Statutes: Tenant shall promptly •comply withall statutes, ordinances, rules, orders, regula- tions and requirements of all local, state and federal governmental bodies applicable to the leased property. 10. Covenants Against Assignments and Subletting: Tenant, its successors or assigns, will not assign or sublet any of the leased property nor allow same to be assigned by operation of law or otherwise, without the prior written consent of the Landlord. 11. Abatement of Rent: In the event the leased prop- erty is totally destroyed by fire, rain, wind, or other cause beyond the Tenant' s control, then, in the event, this lease shall cease and terminate as of the date of such destruction. In the event the leased property is injured or partially destroyed by fire, rain, wind, or other cause beyond the Tenant' s control, so as to render same partially unfit for the uses or purposes herein set forth, and further provided the leased property is repairable within a reason- able period of time, . then, in that event, this Lease Agree- ment shall, upon mutual consent of the parties hereto, remain in full force and effect subject to an abatement in rent in the proportion that the' damaged portion of the leased property bears to the whole of the leased property. 12. Eminent Domain: In the event any part of the leased property should be taken by a public or governmental i authority under the power of eminent domain, which taking • materially interferes with the conduct of Tenant' s business herein set forth, then, in that event, the Tenant shall have the option to terminate this Lease Agreement or continue to -4- •MICROFILMED 1-1883 occupy the leased property subject to the terms and con- ditions of this Lease Agreement and receive an abatement of rent in the proportion that the taken portion of the leased property bears to the whole of the leased property; provided, however, that• any election of the Tenant shall not preclude the Tenant from intervening in any condemnation proceeding involving the leased property and from taking appropriate legal steps " to establish any damage resulting from the taking and/or from sharing in .any award resulting from such proceeding. 13. Default: The parties hereto understand and agree that this Lease Agreement is made upon the express condition that should either party fail or neglect to perform or observe any or all of the covenants herein contained, this Lease Agreement shall, at the option of the non-breaching party, become null and• void upon thirty (30) days written notice to the breaching party. 14. Waiver: Waiver by the Landlord of .any default in performance by the Tenant of any of the terms, covenants or conditions herein set fOrth shall ' not be in any way interpreted or construed as a continuing waiver of the same or any subsequent default. 15. Surrender`:' Upon the last day of the" lease term, the Tenant shall peaceably and quietly leave the leased. property in good order and repair. 16. Notice: Notice under this Lease Agreement shall be given to the Landlord by mailing written notice to City Manager, City of Cape Canaveral, 105 Polk Avenue, Cape Canaveral, Florida 32920. Notice to the Tenant shall be given by mailing written notice to the Office of the Administrative Director, Brevard County Courthouse, P. O. Box 1496, Titusville, Florida 32780. -5- . . • • . , • • MICROFILMED 1-18-83 IN WITNESS WHEREOF, the Landlord and the Tenant have hereunto set their hands and seals on the day and year first above written. CITY OF APE CP ERAL, FLORIDA By: IF Pete -111r , City Manager By: , - Jdhnslin . Mur•hy, Jr' , Mayor ATTEST: or,. . City Clerk BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY By: Val M. Steele, Chairman ATTEST: R. C. Winstead, Jr. , Clerk STATE OF FLORIDA ) ) SS. COUNTY OF BREVARD) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared PETER WITSCHEN and JOHNSON L. MURPHY, JR. , tome known and known to me to be the persons described in and who executed the foregoing Lease Agreement as City Manager and Mayor, respectively, of the City of Cape Canaveral, Florida, and severally acknowl- edged. 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 City, and that. said Lease Agreement is the act and deed of said City. WITNESS my hand and official seal in the State and County last aforesaid, this day of 1981. Notary Public; State of Florida at Large My Commission Expires: (Notary Seal) . -6- . MICROFILIVED 1.18-83 • STATE OF FLORIDA ) SS. COUNTY OF BREVARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared VAL M. STEELE and R. C. WINSTEAD, JR. , tome known and known to be the persons described in and who executed the foregoing Lease Agreement as Chairman and Clerk., respectively, of the Board. of County Commissioners of Brevard County, Florida,. and severally acknowledged the executionthereof to be their free act and deed as such officers for the uses and purposes therein mentioed, and that they affixed thereto the official seal of said Board, andthat said Lease .Agreement is the act and: deed of said. Board- WITNESS my hand and official seal in the State and County last aforesaid, this day of 1981. Notary Public, . State of Florida at Large (Notary Seal) My Commission Expires: • • • • • -7-