HomeMy WebLinkAboutResolution No. 1981-66 F•
MICROFILMED 1-18.83
RESOLUTION NO. 81-66
' A RESOLUTION 'RESCINDING RESOLUTION NO. 81-59;
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
ENTER INTO AN AGREEMENT WITH THE. BREVARD COUNTY
SHERIFF'S DEPARTMENT AND THE BREVARD COUNTY BOARD
OF COUNTY COMMISSIONERS TO LEASE THE CITY OF CAPE
CANAVERAL POLICE DEPARTMENT BUILDING; PROVIDING
AND EFFECTIVE DATE:
IT IS HEREBY RESOLVED, by the City Council of the .
City of Cape Canaveral, Florida, as follows: - '
SECTION 1. Resolution No. 81-59 and the Addendum
. 7 ;F
thereto is hereby rescinded.
SECTION 2. The Mayor and the City Clerk are hereby 1;,, 1,
authorized to execute an Agreement with the Brevard County - i,
Board of County Commissioners to lease the City of Cape 'Canaveral `
Police Department for the Brevard County Sheriff's Department;
a copy of sad-Agreement is attached hereto and made a part
hereof by reference.
SECTION 3. This resolution shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
Canaveral, Florida, this 3 day of November, 1981. F'
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LEASE AGREEMENT
•
THIS AGREEMENT, entered into this 3rd • day of December
• 1981, by and between the CITY OF CAPE CANAVERAL, FLORIDA, herein-
after referred to as the "City, " the BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA, hereinafter referred to as the "County, "
and the SHERIFF OF BREVARD COUNTY, FLORIDA, hereinafter referred. to
as the "Sheriff" . •
WITNESSETH:
That the City, for and in consideration of the- covenants
herein contained on the part of the County and the Sheriff to be
kept and performed, hereby devises, leases and 'lets unto the
Sheriff those certain premises located at 111 Polk Avenue, Cape
Canaveral, Florida 32920, 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 24S . ,
• Range 37E. , (Subd. C-G) in Brevard County, FL.
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 attachedhereto and labeled •
"Exhibit 1" and incorporated herein by this reference, excluding '
and excepting 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 Sheriff on the following terms •
and conditions :
1. Terra: The term of this Lease Agreement shall be from
October 2, 1981 through September 30, 1982.
2 . Rental Payments: The County hereby agrees to pay to the
City as rent for the use and occupancy of the leased property_ by
MICROFILMED'. 1.18.83 •
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the Sheriff 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 by the County 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 Sheriff 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 :ard Maintenance: The Sheriff 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 Sheriff 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 improvements located thereon.
The Sheriff agrees to keep the leased property in at least . •
its present condition and to return same to the City at the end
of the term in its present condition, reasonable wear and tear
expected. By execution of this Lease Agreement, the Sheriff •
accepts the leased property in its present condition.
•
The personal property leased to the Sheriff under this
Agreement shall remain on or in the premises described herein
above, unless prior to the removal thereof, the Sheriff obtains
the City' s written consent, which consent shall not be unreason-
ably withheld. •
The City shall provide and bear the cost of all necessary
external maintenance and major repairs and all structural repairs
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to the leased property. Such repairs and replacements shall be
made promptly as and when necessary. Light outside maintenance
on or for the subject premises shall continue to be performed
in the same manner as it has been performed previously if at all
possible.
. 5. Improvements: The plans and specifications for all
improvements made by the Sheriff to the leased property shall .
be submitted to and approved by. the City prior to the construction.
of such improvements, which approval shall not be unreasonably
withheld. Upon termination of this Lease Agreement, all improve-
. ments constructed, placed,' or installed by the Sheriff on the
leased property shall become the property of the City; provided,
however, that any carpeting installed by the Sheriff shall remain
the property. of the Sheriff and the Sheriff 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: The Sheriff 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 Sheriff shall
make no unlawful, improper, immoral or offensive use of the leased
property, nor will the Sheriff use the leased property or allow
the use of the leased property for any purpose other than that
hereinabove set forth. Failure of the Sheriff to comply with .
this provisionshall be considered a material default under this
Lease Agreement and subject same to termination by the City or
the County.
"8. ' Right of Entry 'by Landlord:• The City or its agents may,
at any reasonable time, enter in and on the -leased property for
the purpose of inspecting such property, performing such duties
as are required by the terms of this Lease Agreement, or the
rules, regulations, ordinances or laws. of any governmental body,
and make such repairs and alterations as are necessary for the
preservation of the leased property. . •
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9. Compliance with Statutes: The Sheriff shall, promptly
comply with all statutes, ordinances, rules, orders, regulations,
and requirements of all local, state and federal governmental
bodies applicable to the leased property.
10. Covenants Against Assignments and Subletting: The
Sheriff, 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 City.
• 11. Abatement of Rent: In the event the leased property is
totally destroyed by .fire,. rain, wind, or other cause beyond the
Sheriff'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 Sheriff' 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
reasonable 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 pro-
portion that the damaged portion of the leased property bears to
the whole of the leased property.
• 12. Emi'rient Domain: In the event any part of the leased
property should be taken by a public or governmental authority
under the power of eminent domain, which taking materially •
interferes with the conduct of Sheriff ' s business herein set
forth, then, in that event, the Sheriff and the. County shall
have the option to terminate this .Lease Agreement or continue
the Sheriff' s occupancy of the leased property subject to the
terms and conditions 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 Sheriff and the County shall not
preclude the Sheriff and County from intervening in any comdemna-
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,, tion 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. Insurance: The Sheriff agrees to provide liability
insurance coverage for bodily injury and property damage which
is sustained in or about the leased premises by reason of or
as a result of the Sheriff's occupancy of the leased premises .
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14. 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 parties, become null and void
upon thirty (30) days written notice to the breaching party.
15. Waiver: Waiver by the City of any default in performance
by the Sheriff 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.
16 . Surrender : Upon the last day of the lease term, the
Sheriff shall peaceably and quietly leave the leased property in
good order and repair.
17. Notice: Notice under this Lease Agreement shall be
given to the City by mailing written notice to City Manager,
City of Cape Canaveral, 105 Polk Avenue, Cape Canaveral, Florida
32920. Notice to the County shall be given by mailing written I
notice to the Office of the Administrative Director, Brevard
County Courthouse, P . O. Box 1496, Titusville, Florida 32780.
Notice to the Sheriff shall be given by mailing written notice to
the Sheriff at Post Office Drawer T, Titusville, Florida 32780.
18 . Modifications : This Agreement shall be subject to
modification at any time upon written mutual consent of the
parties hereto .
19 . Notice of Termination of Lease Agreement: During the
term of this Lease Agreement, this Lease may be terminated by
mutual agreement by providing ninety (.90) days written notice
• to the parties hereto.
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20.. County Obligations: It is hereby mutually recognized
and agreed by and between the parties hereto that nothing
contained in this Lease Agreement shall be construed or
interpreted to place any duty or responsibility on the Board
of County Commissioners of Brevard County, Florida,. to perform
any duties or obligations under the same other than the payment
of the rental amounts as agreed to in Paragraph 2 hereof.
IN WITNESS WHEREOF, the City, the County and the Sheriff
have hereunto set their hands and seals on the day and year first -:
above Wri't`te i.
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
.` By:
City Clerk Peter Witschen, City Manager
11,
}, .',',, . By: '
J ns L. ►iurp • Jr. , Mayor
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA
R. C. Winstead, Jr. , ' Jerk Joe H. Wickham,: - Chairman .
•
Signed, sealed and delivered SHERIFF OF BREVARD COUNTY, FLORIDA
in the presence of:
By:
I ,
C. W. "Jake" Miller
STATE OF
`FLORIDA;,,'
COUNTY-0113 rr
This is to 'cerfify0fhaf the forsgain s.0
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rWINSTED R.
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