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HomeMy WebLinkAboutResolution No. 1982-49 M I CROF I LIVED 1-18-83 RESOLUTION NO. 82-49 ,. A RESOLUTION 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 AN EFFECTIVE DATE. IT IS HEREBY RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 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 Canaveral Police Department for the Brevard County Sheriff ' s Department; a copy of said Agreement is attached hereto and made a part hereof by reference. SECTION 2, This Resolution shall take effect : immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7 day of September , 1982 . _ - "0,; :-i• %.,' : -',1-,,/i:;c!,,, j j, ?"-. / il ,: ,' iii..didadighe. it ......_ , - .4';'k 47)c'' ,.''-* 1,;;_:4,,1 ‘. --1 1'•..,'ki I I; 'I'"; pe„i mat":'1ATTET,f 21gP';''q -01 4 45aip 1 4,,? :-y'-' : Av7f; 'aw i i_ v••• °- '''' t47.,, , -,.. , , .. ,2'....,.• 4-C,Ii.t.',Yki,C 1:prkk Approved as to Form: Ada. 11. ‘tl , [ „ y Ar•rney c.ALVERT J... HARRIS 01111...1 MURPHY Whin NMNICHOLAS A. isRUTHERFOR . . , . • . ___ •. , MICROFILMED 1.18.83 LEASE AGREEMENT THIS AGREEMENT, entered into this 23rd day of September I 1982, 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 [11 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 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, 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 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 [I. 1. Term: The term of this Lease Agreement shall be from October 1, 1982 through September 30, 1983 . 2 . Rental Payments: The County hereby agrees to pay to the City as rent for the use and occupancy of the leased property by the Sheriff the following sums: -1- ATTACHMENT TO RESOLUTION NO. 82-49 . . MICROFILMED 1-18-83 . . For the period commencing October 1, 1982 through September 30, 1983, the sum of Eight Thousand Forty Dollars and No/100 ($8,040. 00) , payable in monthly installments of Six Hundred Seventy Dollars aild,No/I00 ($670. 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, P.O. Box 326, 105 Polk Avenue, Cape Canaveral, Florida 32920. O. . ' 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 and 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 unreasonably withheld. The City shall provide and bear the cost of all necessary external maintenance and major repairs and all structural repairs _ . ATTACHMENT TO -2- RESOLUTION NO. 82-49 • , is MICROFILMED 1.18-83 to the leased property. • Such .repairs and replacements shall be 1 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. , I 5. Improvements: The plans and specifications for all improvements made by the Sheriff to the leased property shall i 1 be submitted to and approved by the City prior to the construction 0 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 sub-station 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 provision shall .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, ordinance or laws of any governmental body, and make such repairs and alterations as are necessary for the preservation of the leased property. ATTACHMENT TO RESOLUTION NO. 82-49 -3- IIIIIIIIIMMIIIIIIIIIIIIIIIV MICROFILMED 1-18-83 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, inA±at .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 Agreement 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 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 condemnation ATTACHMENT TO -4- RESOLUTION NO. 82-49 c .. . . . --: • MICROFILMED 1-18-83 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 1 , is sustained in or about the leased premises by reason of or 1 as a result of the Sheriff ' s occupancy of the leased premises. 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, P.O. Box 326, 105 Polk Avenue, Cape Canaveral, Florida 32920 . Notice to the County shall be given by mailing written notice to the Office of the Administrative Director, Brevard County • Courthouse, P.O. Box 1496, Titusville,: Florida 32780. Notice • to the Sheriff shall beg iven 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 timeupon 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. ATTACHMENT TO -5- RESOLUTION NO. 82-49 . . _ . . . .. . , t . • • MICROFILMED 1-18-83 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 dliAA, -b,. -[i ,04 ,','tq, ,0 ,above wriettpikAWL,A APTEgge ATTP7'Y 0.4we1,,,eb.e,-48 , E*Ww40,1 CITY OF CAPE CANAVERAL, FLORIDA ,Affikii0V-kT.4-100'd ''',A),, A.5011V14n149171j!''' l..,- hv -11:-,-1'7:ii.!•;%;:My\:,•,ViM;LkS•;,) -- ,- IAir,:er ____. -,L, ,,.„..,-,, „ .. . .,, ,, , . •.. • , Ar Gcliv4c:3:'.0; -NP.MV,1209:3.W ,oseph W. Scott, City Manager %tifill,e',',.:' ' l'!,i p' ,,,k,e0:5,,t`i,•'4,(:.P-47 :w4A/e-4444nogpv!', BY: i vim*.Ili, go'ynvilt - Aiklze o n o L. Mirphy,l. , Mayor ,,ftdsf,..:754 .pi,K,e / A.,,,, q ..0,'"' Ir ATTEUM *„ BOA. OF COUNTY COMMISS ONERS OF w . BRE ARD COUNTY, FLORIDA /45.4',(iOireifeZic:7•111:k .,,„,„„, 4., , BY --,,,,,.;6 Iii si,-_',, i'elowir 44...0%- - IA. *iitilik,fill'art*ItVgd.74 Y;; 40;',1 C 1 erk foe H. Wickham, Chairman 9A23/8P.2 4iNg4t0:04--,41, iip,t;! .4F;w!lay?: 4yjf „0411,4.44,--4 -1led0 :1.010KaTL4, i .:Aid delivered SHERIFF OF BREVARD COUNTY, FLORIDA ',4,V),?At?:-:*Ogd,-freitorw*Aftlare: tflik6the, Ae:. :ep;p9Vo f: ,,,i4r: W.-40tMOk 11 9" BY:- 014t‹.49 164( / :ALVA. I / [1 ATTACHMENT TO -6- RESOLUTION NO. 82-49 • _ .___