HomeMy WebLinkAbout1986 Ltr from Mayora
e
Jim Gallagher
Mayor
Cite of Sebastian
POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958 -0127
TELEPHONE (305) 589 -5330
January 8, 1986
TO: Sebastian City Council
FROM: Mayor Jim Gallaghe'—q
RE: Richard Fey Lease
Deborah C. Krages
City Clerk
Be advised that Attorney Gregory J. Gore, representing
Richard Fey has informed me that his client wishes to
purchase the the leased property and does not wish to
proceed with application for site plan approval regarding
the establishment of bait and tackle shop.
In view of the informative by Attorney Gore, it is my
recommendation that the City of Sebastian terminate the
lease immediately for the lessee's failure to furnish
copies of insurance policies to the City Clerk as required
by the lease agreement and as such lease termination is
within the option of the City as outlined in the lease
agreement on page #2.
JG /jmt
attachment
cc: Attorney Gregory J. Gore
LEASE
THIS LEASE, made cind entered into this day
' of d 1985, by and between the CITY OF SEBASTIAN, a
y
Florida municipality, party of the first part, hereinafter called
the LESSOR, and RICHARD FEY, party of the second part,
hereinafter called the LESSEE;
W I T N E S S E T H s
That in consideration of the covenants and promises
herein contained by the parties, the Lessor does hereby lease to
the Lessee the following described land, located at Sebastian,
Indian River County, Florida, to wit:
The north 35 feet of Lot 2, Block 3, lying west of the
high water line of Hardee's Subdivision, as shown in
Plat Book 4, F�le�u 74, of the Public Records of St.
Lucie County, said land lying and situate in Indian
River County, Florida.
Lessor leases to the Lessee said land for a term of
five years, commencing October ez, 1985, and terminating
October c;zj, 1990, with an option on the part of the Lessee to
renew said lease for additional separate three five year periods
upon the terms referenced below, provided Lessee notifies Lessor,
in writing, at least sixty (60) days before the termination of
said separate rental periodb. At the end of term or breach by
Lessee for any reason, all improvements made by the Lessee are
the property of the City.
KENT - 'flit' }gar L iwm WjL au that the runt for the term of
this lease shall be as follows
1. For they land daisc:ribed above, the yearly rental
during the first five year tiatm shall be payable in the amount of
$1,000.00 with payments to be made on a monthly basis in the
amount of $83.33 together with applicable sales tax, if any,
commencing on the date and year above written. Said payments
shall be made on a monthly basis during the term of this lease
including all option periods.
Payments for the 6th through 10th year and for 11th
through 15th year shall be for the annual sum of $2,000.00 and
shall be paid as provided above with adjustments for rental
increases.
Payments for the 16th through 20th year for the annual
sum of $3,000.00 and shall be paid as provided above with
adjustments for rental increasam.
LESSEE AGREES to ataiiitain liability insurance of not
lur�r ttwn $100,UQU /3UU,000 with a company or companies, to be
approved by the Lessor. lessee will furnish copies of said
policies showing interest of said Lessor in the leased premises,
and paid -up annual premium toculpts to the Clerk of the City of
Sebastian.
Nothing in this lease shall be construed to require the
Lessee to repair, replace or rebuild, as the case may be,
property damaged or destroyed by wind, fire, water, or other
agencies or events beyond the control of the Lessee except as to
the proceeds of the insurance policies permitting such
replacement or repair. In the event the Lessee does not elect to
repair, replace or rebuild, the proceeds of said insurance
policies shall be paid to Lessor as its interest may be and the
lease shall be deemed null and void.
USES - Lesse shall have the right only to construct
parking spaces upon the subject land for use by employees or
patrons of Lessee.
The primary use of *aid leased premises shall be for
parking areas adjacent to a proposed retail establishment.
In the event Lessee fails to make any of the payments
provided for herein, or tail* to pertorm any of the covenants on
his part hereby made, this agreement shall, at the option of
Lessor, be forfeited and terminated and the Lessee shall forfeit
all payments made by him on this agreement. Such payments shall
be retained by the Lessor in toll satisfaction and liquidation of
all damages sustained by it. It is further understood that
should Lessee fail to receivu approval from Lessor and applicable
-2-
1
government entities to establish a retail bait, beverage and
tackle shop to be located upon the property adjacent to the above
referenced legal description, Lessee shall have a right to
terminate this lease and all payments made hereunder shall be
forfeited to Lessor and Lessee shall be relieved of further
liability.
IT IS MUTUALLY agreed that the Lessee shall not sell,
transfer, assign or encumber this lease to anyone without prior
City Council action, this beicig a personal lease between lessor
and Lessee. There shall be no subordination, pledging,
tranuferring, mortgaging, uublottany of the lease or improvements
without prior City Council act un.
All expenses incident to the operation of premises will
be at the Lessee's expense which includes any assessment for
improvements, including ad valorem assessment or taxes of
leasehold interest, personal property taxes, and any other
assessment or taxes imposed on such property or improvement
during the term of the lease.
IN CASE OF BREACH of this lease, by the Lessee, or the
termination of the lease, or any extension hereunder, that may be
granted, the Lessee agrees to surrender possession of said
property and all improvements thereon.
IN THE EVENT of eminent domain proceeding or any other
proceeding which results in loss to the Lessee of a substantial
portion of the premises leased by the Lessee, the Lessor and the
Lessee agree that if this loss makes it impractical or
unreasonably difficult for the Lessee to carry out the purposes
for which the premises were lensed, then this lease may at the
option of the Lessee be cancelled and the Lessee is relieved of
any obligation to pay rent on the portion lost by the Lessee. In
the event of a dispute between the Lessor and the Lessee as to
what constitutes an impractical or unreasonably difficult
condition for the Lessee to carry out the purposes for which the
I..
premises were leased, the dispute shall be submitted to a court
of competent jurisdiction.
LESSEE FURTHER COVENANTS AND AGREES that the Lessor
shall have the privilege at all reasonable times to re -enter the
said leased property for the purpose of inspecting the property
and determining whether all terms, conditions and covenants and
agreements herein are being complied with by the Lessee.
LESSEE AGREES to abate noise as reasonably as possible
and to permit no excessive noise considering the type of business
to be conducted on the leased premises.
IT IS MUTUALLY UNDERSTOOD AND AGREED that if the Lessee
shall become insolvent or bankrupt or if proceedings for
receivership or bankruptcy shall be instituted against him or if
he shall make an assignment for the benefit of creditors or in
any manner seeks, permits or suffers his leasehold interest
hereby created to be transferred or encumbered by operation of
law, or otherwise jeopdrdiAwki, except as specifically provided
for in this lease, then and to much event, or in any event of the
samu or sia►ilar legal or uquit..,I)lu canmequences or effect, such
evuc►t slidll be deemed to CUJi t i LUte a breach of this lease, at
the option of the Lunn or, 60 om to terminate all rights,
privileges and interests of the Lessee herein and hereunder.
IN THE EVENT OF A 014 PUTS between Lessor and Lessee as
to the terms and conditions of this lease in a Court
determination the prevailing party would be entitled to
reasonable attorney's fees and costs.
SALE OF PROPERTY - In the event the Lessor submits the
subject property available for male, the Lessor agrees to notify
the Lessee within a reasonable time that the property is for sale
and to allow the Lessee to negotiate for purchase of the property
and the Lessor hereby grants to Lesse a right of first refusal to
purchase said property upon the same terms and conditions as
-4-
it
proposed by a bona fide third party purchaser.
This agreement shall be binding upon the successors,
he:ii a and dbaigns of the pa♦ i tuag hc:: ut u.
IN WITNESS WHEREOF, Lite parties have hereunto set their
hands and seals this day and year tirst above written.
CITY UN' SEBASTIAN, Florida
munici ity
BY:
Ji allagher, Mayor
(SEAL)
ATTEST:
o.
pborah Krages, City Clerk
Signed, sealed and delivered in
the p esence of:
to the.,,Cit4 of Sebastian
RIC ARD FEY
Sig�jed, sealed and delivered in
the/ presence of:,
o Richard Fey
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME, the udnerrigned authority, duly authorized
to take acknowledgements and administer oaths in the State and
County aforesaid, this day personally appeared JIM GALLAGHER, and
Deborah Krages, Mayor and City Clerk, respectively, of the City
of Sebastian, Florida, and they acknowledged before me that they
executed the foregoing lease and that the seal affixed to said
instrument is the true corporation seal of the City of Sebastian
-a-
and that it was affixed to said instrument by due and regular
corporate authority, and that said instrument is the free act and
deed of the City of Sebastian.
WITNESS my hand alld seal this �? day of
1985.
Notary pub ic, State of Florida
My commission expires:
NUTARY PUBLIC STATE OF FLORIDA
STATE O F FLORIDA Nv CONNISSIUN [XP DEC 10,1988
COUNTY OF INDIAN RIVER bUhuLU INRU 4LNLRAL IM.
BEFORE ME, thu udnervigned authority, duly authorized
to take acknowledgements and administer oaths in the State and
County aforesiad, this day peruonally appeared RICHARD FEY and he
acknowledged before me that he executed the foregoing lease.
WITNESS my hand and seal this .Z day of
1985.
Notary Pu ic, State of Florida
My commission expires:
NOTARY PUBLIC STALE OF FLORIDA
MY COMMISSION EXP DEC 10,1988
UOMUEU INRU GENERAL INS. ONO.
Aj)j)rovv(.1 by C i Ly (:oLU'1C i 1 CM,; t ubt. r y, 1985.
4
s L