HomeMy WebLinkAboutResolution No. 1981-65 c.
MICROFILMED 1-18-83
RESOLUTION NO. 81-65
A RESOLUTION.AUTHORIZING THE MAYOR AND THE CITY CLERK
OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO
AN AGREEMENT WITH CEVESCO, INC. , TO LEASE WITH. AN OPTION
TO PURCHASE REAL PROPERTY LOCATED IMMEDIATELY TO THE
WEST OF THE CAPE CANAVERAL WASTE WATER TREATMENT FACILITY:
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, as follows:
[I] SECTION 1. The Mayor and the City Clerk are hereby
authorized to renew the agreement with Cevesco, Inc. , to lease
with an option topurchase real property located immediately to
the West of the Cape Canaveral Waste Water Treatment Facility,
said real property being more particularly described as follows:
A portion of Section 15, Township 24 South, Range
37 East, City of Cape Canaveral, Brevard County,
Florida, more particularly described as follows:
Commence at the Southeast corner of said Section 15;
thence run N 89027'20" W, along the South line of said
Section 15, for a distance of 3146.59 feet; thence run
N 00°32'40" E, for a distance of 100.00 feet to the
Southwest corner of lands described in Official Records
Book 782 at Page 149 of the Public Records of Brevard
County, Florida, said point also being the Point of
Beginning; thence continue N 00°32'40" E, along the
West line of said lands, fora distance of 400.00 feet
to a point on the North line of the South 500.00 feet
of said Section 15; thence N 89°27'20" W, along said
North line, for a distance of 445.47 feet to a point
on the West line of the East 3580.00 feet of said Sec-
tion 15, as said line is described in Official Records
Book 435 at Page 290 of the Public Records of Brevard
County, Florida; thence S 00°50'54" E, along said West
line, for a distance of 400.12 feet to a point on the
North line of the South 100.00 feet of said Section 15;
thence S 89°27'20" E, along said North line, for a dis-
tance of 435.74 feet to the Point of Beginning. Con-
taining 4.046 acres, more or less.
A copy of said agreement is attached hereto and by reference made a
[I] part hereof.
SECTION 2. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida:,4Hs ;4 day of October, 1981.
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Appro a ' to/form:D � /jJ, MURPHY k
/' , . / '�(/ 1/1 �•-�.�/v RUTHERFOF,J
_ ty.Ottorney
LMED 1-18-.83
LEASE t
ft;
__
• THIS INDENTURE, made as of the 21. day of October , 1980, by
between CEVESCO, INC. , hereinafter called "Lessor", and CITY OF CAPE CANAVERAL,
a municipal corporation, of the State of Florida, hereinafter called "Lessee",
whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920,
WITNESSETH :
That Lessor, for, and in consideration of the rent hereinafter specified
to be paid by Lessee, and the covenants and •agreements hereinafter contained,
by the Lessee to be kept and performed, has demised, leased, and; letunto said
Lessee those certain premises in the City of Cape Canaveral, County of Brevard,
State of Florida, described in Exhibit A attached heretoand made a part .;hereof.
TO HAVE AND TO HOLD unto said Lessee on the following terms and conditions:
11 TERM:
The term of this lease shall be one (1) year, beginning on the *33.st _
day of October , 1980, and ending on the 31st day of Octabe
1981, except as otherwise hereinafter provided.
2- RENTAL:
Lessee covenants and agrees to pay to Lessor as rent for the said premises.
the sum of TWENTY THOUSAND AND NO/l00 DOLLARS ($20,000.00) , payable in advance
• upon the execution hereof,"and further agrees to pay the ad valorem taxes on.
the property during the lease term. Further, any .tax imposed_ onrentby the
State of Florida will be added to the annual rental during any period-when -
Lessee is not exempt. Lessee represents it is presently.. exemptfromsuch taxes
• and that it's exemption number is Qt. _B5-.Q2,15___.,�•
3. PURPOSES:
Said premises may be used for any municipal ,purpose. in keeping. with present
zoning of the premises.
4.. IMPROVEMENTS:
Lessee may, at Lessee's sole cost and expense, construct such improvements.
on the property as it deems necessary during the..lease term, PROVIDED HOWEVER,
all buildings, fixtures and improvements of every kind and nature constructed.
by Lessee shallbecome the property of Lessor at the end of the lease terry,.
, or any, extensions thereof. Lessor shall not be responsible for any.work, labor
• or materials to be used or expended on the leased property by Lessee, the latter
to be responsible for any mechanic's liens filed age.ths:t the demised premises
purporting to be for labor or materials furnished to. the Lessee, and shall
At`4ai:.hmerit _-to •. .�. -
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MICROFILMED 1 18 83
-41
discharge the same of record as soon as is practicable.
5. CONDITION OF PREMISES:
Lessee agrees to keep the leased premises safe and in good order and
condition at all times during the term hereof, and upon expiration of this
lease, or at any sooner termination thereof, Lessee will quit and surrender
possession of said premises quietly and peaceably and in as good order and
condition as the same were at the commencement hereof, reasonable wear, tear
and damage by the elements excepted; Lessee further agrees to leave said premises
free from all nuisance and dangerous and defective conditions.
6. NET LEASE:
It is understood and agreed between the parties that this lease agreement-
_
is "net" to Lessor with the Lessee paying all taxes, utilities, and any and
all other expenses associated with the leased premises.
•
7. LIABILITY:
Lessee shall indemnify and save Lessor harmless from any loss, cost or
damage that may arise out of or in connection with this lease or the use of
demised premises by Lessee, or its agents, or employees, or any other person
using said premises.
8. QUIET ENJOYMENT:
Lessee shall at all times during the lease period (provided it is not
in violation of any of the covenants hereof) peaceably and quietly have, hold
and enjoy the leased premises without any trouble or hindrance from Lessor
or any other person whomsoever.
9. TITLE.
Lessor warrants it has insurable title to the, leased premises, and shall
furnish with this lease, at Lessee's expense, a title insurance policy insuring
the leasehold interest of Lessee, subject only to customary exceptions in said
policies, including an exception for riparian or lateral rights. Said policy
• will be from a qualified title insuror acceptable to Lessee.
10. DEFAULT.
In the event that Lessee shall be in default of any payment of any rent
or in the performance of any of the terms or conditions herein agreed to be
kept and performed by Lessee, and such default continues for a period of 15
days without being cured, then in that event, Lessor may terminate and end
this lease forthwith by written notice to Lessee, and Lessor may ente1.7 upon
Attachment to
Resolution No. 81-65
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said premises and remove all persons and property therefrom, and Lessee shall
s:..
not be entitled to any money paid hereunder or any part thereof; in the event `
-Lessor shall bring a legal action to enforce any of the terms hereof, or to
obtain possession of said premisesby reason of any default of Lessee, or other-
wise, Lessee agrees to pay Lessor all costs of such legal action, including
a reasonable attorney's fee,
11. NOTICES:
0 Any notices which are required hereunder, or which either Lessor or Lessee
may desire. to serve upon the other, shall be in writing and shall be deemed
served when delivered personally, or when deposited in the United States Mail,
postage prepaid, return receipt requested, addressed to Lessee at 105Polk
Avenue, Cape Canaveral, Florida 32920, and to Lessor at P. 0.. Drawer S, Cape
Canaveral, Florida 32920.
12. , WAIVES
Waiver by Lessor of any default in performance by Lessee of any of the
terms, covenants, or conditions contained herein, shall not be deemed a continuing .,
waiver of the same or any subsequent default herein.: .
13.. COMPLIANCE WITH LAWS:
Lessee agrees to comply with all laws, ordinances, rules and regulations
which may pertain or apply to the demised premises and the use thereof.
14. OPTION TO RENEW:
Lessee shall have the option to renew this lease for three (3) additional:.
one (1) year periods on the same terms and conditions, except that the annual
recital for each renewal termshall be $25,000 per yearpayablein advance.
Such renewals shall be automatic unless Lessee shall give notice in writing
at least sixty (60)days prior to the expiration of the primary lease term or `
any succeeding renewal term of its intention not to renew the lease. If such.
notice is given, Lessor may show the premises at all reasonable times and place
For Rent or For.Sale signs on the premises during the final 60 days of the term.
14. OPTION TO PURCHASE:
Lessee shall have the option to purchase the leased property at any time
during the primary lease term, or any renewal term, for the total purchase
price of ONE HUNDRED TWENTY THOUSAND AND NO/l00 DOLLARS ($120,000.00) cash,
and all lease payments shall be credited against the purchase price. Such
option shall be exercised by written notice delivered to Lessor at least thirty
Attachment to
Resolution No. 81.65
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M ItROF ILmED 1-18-83 '4
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(30) days prior to the expiration of the applicable lease term. At closing, -
_Lessor shall deliver to Lessee a General Warranty Deed to the property, and *
shall pay for stamps on the Deed, with Lessee paying all other costs. Closing
• shall occur within thirty (30) days after exercise by Lessee of the option ,
to purchase.
15. INSURANCE:
Lessee shall carry comprehensive liability insurance insuring the Lessor
and Lessee against any liability whatsoever occasioned by accident on or about
[I]
the demised premises, such policy to be in the minimum amount of ONE HUNDRED
• THOUSAND AND NO/100 DOLLARS ($100,000.00) (any one person) and THREE HUNDRED
THOUSAND AND N0/100 DOLLARS ($300,000.00) (any one occurrence).
16. EMINENT. DOMAIN:
• In the event any part of the demised premises, which would materially
•
interfere with the conduct of Lessee's business on the premises, should be
taken by any public authority under the power of eminent domain, Lessee shall
have the option to terminate this lease or continue to occupy the premises
under its lease agreement and receive an abatement of the rent in the proportion:
that the taken portion of the demised premises bears to the whole of said demised
premises; provided, however, the election of Lessee shall not preclude Lessee
from intervening in any condemnation proceedings involving the demised premises
and from taking appropriate legal steps to prove its damage which it claims
results from the taking and/or sharing any award that might result from such
proceedings.
17. SUCCESSORS IN INTEREST:
All of the terms, covenants and conditions contained herein shall continue,
and bind all successors in interest of Lessor and Lessee herein.
IN WITNESS WHEREOF the parties hereto have executed this agreement the
day and year first above written.
• e I • %
Signed, Sealed and Delivered 0. : , k -
in the Presence of: CE 420 , INC. .. .. .
(SEAL)
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By: IV A AP ''' . ID 4011L46.4.#.11
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George H. Fir\ns, Jr., Vic- Plsident
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"LESSOR" - ( \'• •- • 4/;) '41
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CITY OF CAPE CANAVERAL 1"-:
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ATTEST: By IfIAA / , • (SEAL) ..
MIrphy;, ‘., -yor
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2 John 4" iMcin.V.T.811. . 81-65 'il III,.
• - - WYVVWVIVW00411W:r5WWW.I'V ity er4 "LESSEE" itt ".::/111.•t)
Barbara Mercilliott DePlitY __, 1 ,k , " •,\,...."-- -
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ICRGFI L1'V EC I-13-83
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowleiowgR.ts, personally appeared.
JOHN MURPHY, as ,Mayor and BARBARA MERCILLIOTT; asAC 1erk of the CITY OF
CAPE CANAVERAL, to me known to be the persons described in and who executed
the foregoing Lease and they acknowledged before me that they executed the same.
WITNF.,SS my hand and official seal in the County and State_ last aforesaid
this 1.27day of w ; 1980.
. %if 0 .. 0.,\ if , -<' 4111r7;„.--„--, .,-,1
� 1 Notary Publ'c, State of Florida" .
t Lar.(NOTARY,SEAL) agRUTAIRY PUEti C SLATE Of itfAIDA Ap EAV
<< .., 1 `' `: MY COMMISSION-EXPIRES PAY. 2S tat°
e \ My Commission Exp it�RUGENEl.AL !NS. Uti��i�v/1 11'[
1/ • ��(1V`,•''
` STATE OF FLORIDA n^.
COUNTY OF BREVARD 4_
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally- appeared
GEORGE H. FIRKINS, JR. , as Vice President of CEVESCO, INC., a corporation,
to me known to be the person described in and who executedth.e foregoing Lease.
and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and: State last aforesaid
this .29 day of �( _ , 1980.
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<; Nota 'Public, State of Florida
at Large
(NOTARY) SEAL)
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Attachment to
Resolution No. 81-65
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MAP OF PROPERTY MICROFILMED 1.18.83
OF A . PORTION OF : Attachment to
Resolution #
SECTION 15 , .TWP 22 4S-', -RGE-. 37E 81-65
IN
CITY OF CAPE CANAVERAL
BRE YARD COUNTY, FLORIDA
01 R t}0 0 400
300
GRAPHIC SCALE IN FEET 1"= 100:
16, NOV. 78 JOB. Ns 77129
150' "' S '
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LEGAL DESCRIPTIOf! 589627'20"E V kii 3
A portion of Section 15, Township. 24 South, Range '3 'East, City of Cape Canaveral , Brevard
County, Florida, more particularly described as follows:
Commence at the Southeast Corner of said Section 15; thence run N89°27'2011, along the South
line of said Section .15, 'for a:distance of 3146:59 feet; thence run NO0°32'40"E for a distance
of 100.00 feet to the Southwest corner of lands described in Official Records Book 782 at Page
149 of the Public Records of Brevard County, Florida, said point also being the Point of
Beginning; thence-continue NOO°32140"E., along the West line of said lands, for a distance of
400.00 feet to a., point on the Northline of the South 500.,00 feet of said Section 15; thence
1489°27'20"W, along :said North line, for a distance of. 445.47 feet to a point on the West line
of the East 3580.00 feet of said Section 15, as saidline is described in Official Records
Book 435 at Page 290 of thePubl..ic Records of Brevard County, Florida; thence SOO°50'54"E,
' along said West line, for a distance of 400.-12 feet to a point 'on the North line of the South
100.00 feet' of said Section 15; thence S89°27'20 "E, along said North line, for distance of
435. 74 feet to;the Point of Beginning Containing 4.046 acres more or :e'ss ,aa.
Voi--i,
SURVEYORS CERTIFICATION: I hereby certify that the attach-� a ° ;:. t-y :o1;L e property ,
described hereon is true and correct to the best -of my know i :OS a ' ,�`a /a =�� l_,p: prepared
'under my direction. ,,t5.0.,,,'!, :�: ', ,;
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WATER EL V! ARE 8:45-E0 ON N rj. V P.47UM ..:43,-:. '�' ,.:-.3 -0' �`
Prof ssion:7,', �iRstaMurveyor #2412
OF /�2BJ- ?7 FEP�80 St- e' of : 11ot 1
FEB 2'7 1980 . _ o
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