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Home My WebLink AboutR-89-53 RESOLUTION NO. R-89-53 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A FIRST AMENDMENT TO LEASE AGREEMENT WITH INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE USE OF CERTAIN REAL PROPERTY LOCATED AT 1111 MAIN STREET, SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR PUBLIC SAFETY PURPOSES OF DIRECT BENEFIT TO THE CITIZENS OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian is the owner of certain real property located at 1111 Main Street, Sebastian, Indian River County, Florida; and, WHEREAS, such real property was initially leased to Fellsmere Volunteer Ambulance Squad, Inc., a Florida Not-For- Profit Corporation, for use as an ambulance dispatch and staging facility pursuant to the certain Lease Agreement entered into between the City of Sebastian and Fellsmere Volunteer Ambulance Squad, Inc., dated September 14, 1988; and, WHEREAS, the original Lease Agreement referred to hereinbefore was subsequently assigned by Fellsmere Volunteer Ambulance Squad, inc. to Indian River County, a political subdivision of the State of Florida; and, WHEREAS, the City Council of the City of Sebastian approved the assignment of the Lease Agreement to Indian River County by Resolution R-89-43, adopted on July 26, 1989, by the unanimous vote of the City Council; and, WHEREAS, Indian River County has requested that certain modifications be made to Paragraph 5 of the original Lease Agreement; and, WHEREAS, the City Council of the City of Sebastian has determined that the modifications requested by Indian River County to Paragraph 5 of the Lease Agreement are reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Mayor of the City of Sebastian, Indian River County, Florida, is hereby authorized to execute, on behalf of the City, the First Amendment to Lease Agreement by and between Indian River County, a political subdivision of the State of Florida, and the City of Sebastian, with respect to the Lease Agreement entered into by and between the City of Sebastian and Fellsmere Volunteer Ambulance Squad, Inc., dated September 14, 1988, for the property located at 1111 Main Street, Sebastian, Indian River County, Florida, as subsequently assigned by Fellsmere Volunteer Ambulance Squad, Inc., to Indian River County, a political subdivision of the State of Florida, as approved, pursuant to Resolution R-89-43, adopted by the City Council at its meeting held on July 26, 1989. A copy of the First Amendment to Lease Agreement is attached to this Resolution and hereby incorporated by reference herein. Section 2. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman ~ o ~ ~ ~ ~ ~.~-~t ' The motion was seconded by Councilman .~ ~ ~P~ S~cf~ and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this ) ,~ ~ day of mS' ~f'T-~t i~'..'~. , 1989. ATTEST: oved as to Form and Content: ~"'Ian lq'agh,~' City/Attorney CITY O~EBASTIAN, FLORIDA Richard B. Votapka, Mayor FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT, made this !b~ day of ~e~r~ ~ , 1989, by and between CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter referred to as the "Landlord"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, and as the Assignee of the certain Lease Agreement further described herein (hereinafter referred to as the "Tenant"). WHEREAS, the Landlord and Fellsmere Volunteer Ambulance Squad, Inc., were the original parties to the certain Lease Agreement entered into by and between them dated September 14, 1988 (hereinafter referred to as the "Lease Agreement"); and, WHEREAS, Fellsmere Volunteer Ambulance Squad, Inc. assigned all of its rights and obligations as the tenant pursuant to the aforementioned Lease Agreement to INDIAN RIVER COUNTY; and, WHEREAS, the LANDLORD approved the Assignment of Lease Agreement by Fellsmere Volunteer Ambulance Squad, Inc. to the Tenant, pursuant to Resolution R-89-43 adopted July 26, 1989; and, WHEREAS, the Tenant has requested that certain modifications be made to Paragraph 5 of the original Lease Agreement; and, WHEREAS, the Landlord is willing to agree to the modifications requested by the Tenant; and, WHEREAS, Paragraph 26 of the Lease Agreement provides for all amendments to the Lease Agreement shall be in writing and signed by the parties thereto. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The recitals contained in this First Amendment to Lease Agreement are hereby adopted and incorporated herein as a part of this Agreement. 2. The original Lease Agreement is hereby amended by revoking Sub-Paragraph 5(a) in its entirety and substituting the following in lieu thereof: "(a) Liability Insurance: The Tenant shall provide and keep in force at its own expense during the term of this Lease public liability and property damage insurance coverage with respect to the Leased Premises, including the foundation and those portions of the said premises used for driveways, walkways and parking areas, and all improvements made to the Leased Premises. The insurance coverage to be provided by the Tenant shall contain combined single limits of not less than $1,O00,O00.O0 for injury or death and for damage to property." 3. The original Lease Agreement is hereby amended .by revoking Sub-Paragraph 5(c) in its entirety and substituting the following in lieu thereof: 2 "(c) Miscellaneous: Any policy or policies of insurance required by the Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and the Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All such policies shall name the Landlord as an additional insured and shall contain provision for notice to the Landlord not less than ten (10) days in advance of any cancellation or material change of such policy or policies, in case of failure of the Tenant to make any premium payment when due, the Landlord may pay the amount of any such premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to the Landlord immediately. The Tenant shall provide the Landlord at least ten (10) days prior to the expiration of existing policies with a Certificate of Insurance showing that the policies of insurance are continuing in force, and upon the failure of the Tenant to do so, the Landlord may immediately purchase, for the account of the Tenant, the necessary insurance from any rePufable inSuranc~ company without notice to the Tenant, and the Tenant shall reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. Copies of renewal policies for any insurance required under this Paragraph 5 shall be deposited by the Tenant with the Landlord within ten (10) days after they are received by the Tenant from its insurance carrier or its risk management agent. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or any portions of such insurance under a blanket or comprehensive all-risk policy." 4. In all other respects, the parties hereto hereby ratify and confirm the terms and conditions of the Lease Agreement originally entered into by and between Fellsmere 3 Volunteer Ambulance Squad, Inc. and the CITY OF SEBASTIAN, as subsequently assigned by Fellsmere Volunteer Ambulance Squad, Inc. to iNDIAN RIVER COUNTY. CITY OF SEBASTIAN Richard B. Votapka, Mayor ATTEST: .... ¢': ;Kg~J~lr ,~.~. '~i., O' Halloran, CMC/AAE .~ i~ '~ ...~. '~.,:~. ~ ~ ' '"'~ '~,.~ A~Y~ved-'_.__ ,,.a~ ~ ~o Form and Conten% : INDIAN RIVER COUNTY 4 STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County last aforesaid to take acknowledgments, personally appeared RICHARD B. VOTAPKA and KATHRYN M. O'HALLORAN, personally known to me to be the MAYOR and CITY CLERK, respectively, of the CITY OF SEBASTIAN, Florida, a Florida municipal corporation, and that they severally acknowledged before me that they executed the foregoing First Amendment to Lease Agreement for the purposes therein expressed, under authority duly vested in them by said municipal body, and that the seal affixed thereto is the true corporate seal of the CITY OF SEBASTIAN, Florida. IN':'' WITNESS WHEREOF, I have hereunto se% my hand and · i-'affix~d-:i'~y official seal at Sebastian, Indian River County, STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) NS~ary~ Pub{ic State of Florida at Large My Commission Expi~e~otary~ublf~fafe.of~or~ Bond(,d Thru I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County last aforesaid to take ackQowledgment~, personally appeared ~¥ ~,~MiA-I/~ and ~-~-~-~_~_~~~%l , personally k~6Wn t0 me to be the ~AJkma~ ~d ~4~K ...... , respectively, of INDIAN RIVER COUNTY, Florida, a political subdivision of the State of Florida, and that they severally acknowledged before me that they executed the foregoing First Amendment to Lease Agreement for the purposes therein expressed, under authority duly vested in them by said governing body, and that the seal affixed thereto is the true seal of said governing body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at V~%~ch, Indian River County, Florida, this /~ day of ~, 1989. State L~f Florida at Large My Commission Expires: