HomeMy WebLinkAboutSeminole County Commissioners to Seminole Community College
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MEMORANDUM
TO:
Charles Holzman, Chief, WSFD
Gary Kaiser, Director of Public safetycS~~"
Public Safety Training Center Lease
Agreement
FROM:
SUBJ:
DATE:
November 22, 1991
Enclosed, for your information, is a copy of the fully executed
Public Safety Training Center Lease Agreement between the Board of
County Commissioners and Seminole Community College, as approved by
the BCC at their November 12, 1991 meeting.
Should you have any questions on the enclosed, please advise.
Thank you.
GEK:mtp
RECE\VEn(}/
ENC
Same Letter wjEnclosure to:
NOV 2 6 1991
T.L. Siegfried, Chief, ASFD
Paul Algeri, Chief, CFD
Bob Stoddard, Chief, LMFD
Charles Chapman, LFD
Andrew McDaniel, Chief, OFD
Tom Hickson, Chief, SFD
WINTE.R Sl'i\ii.''-Aj.
aRE. D-E.PAK[M~iiI
FS11.86
LEASE OF REAL PROPERTY
BY SEMINOLE COUNTY TO SEMINOLE COMMUNITY COLLEGE
FOR PUBLIC SAFETY TRAINING CENTER
THIS LEASE is agreed to on the I~~day of
1
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1991 by SEMINOLE COUNTY, (hereinafter referred to as "COUNTY") a
political subdivision of the State of Florida, whose address is
Seminole County Services Building, 1101 East First Street, Sanford,
Florida 32771 and SEMINOLE COMMUNITY COLLEGE, a political subdivi-
sion of the State of Florida, (hereinafter referred to as "SCC")
whose address is 100 Weldon Boulevard, Sanford, Florida 32773.
WIT N E SSE T H:
WHEREAS,
the COUNTY has experienced tremendous population
growth in recent decades; and
WHEREAS, this population growth has led to the need for
increased fire and safety protection; pnd
WHEREAS, this need for increased fire and safety protection
requires additional trained personnel; and
WHEREAS, SCC has successfully provided EMS/Fire and Criminal
Justice training in seminole County for many years; and
WHEREAS, SCC through its District Board of Trustees has
unanimously expressed interest in expanding its EMS/Fire and
Criminal Justice training programs in the form of a public safety
training center; and
WHEREAS, the COUNTY also supports the creation of a public
safety training center 'and owns a suitable parcel for its location.
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THEREFORE, the COUNTY and SCC agree to the following provi-
sions as parties to this Lease.
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CEPTlFIED COpy
j'.lARYANNE MOR~;.
~lERK OF CfRC"T COIJRT
St:\1INOLE COUNTY. FLOFlIO,';
BY-L ')... (). Jcu.J) ,
DEPUTY CLERK -
1. PROPERTY TO BE LEASED: Under the authority granted to it
by section 125.38, Florida Statutes, the COUNTY leases to SCC real
property (property) which is located in Seminole County, Florida,
and which has the following legal description:
A portion of section 2, Township 20 South, Range 32 East,
Seminole County, Florida, being more particularly
described as follows: Commence at the Southwest corner of
the Southeast 1/4 of said section 2, Township 20 South,
Range 32 East; Thence run N OooOO'OO"E 285.00 feet along
the West line of the East 1/2 of said section 2 to the
Northerly right of way line of Osceola Road (an existing
50 foot right of way, per Plat Book 6, Page 48), and the
Point of Beginning; Thence continue along the West line
of the East 1/2 of said section 2, N OooOO'OO"E 1908.00
feet; Thence S 90000'00"W 1100.00 feet; Thence N 00000'0-
O"E 1551.27 feet; Thence S 90000'00"E 728.92 feet; Thence
S 30041'07"E 727.16 feet to a point on the West line of
the East 1/2 of said section 2; Thence S 14054'59"E
678.' feet; Thence S 52010'43"E 1274.27 feet; Thence S
82c,;'.'13"E ;')1.53 feet; Thence S 26008'52"E 748.06 feet
to the Northerly right of way of Osceola Road and the
point of curvature of a curve concave to the Northwest
having a radius of 954.93 feet and a central angle of
39 Cl 0' 14"; Thence run Southwesterly along the arc of said
CU1/e and the Northerly Right of Way of Osceola Road
661.18 feet to the point of tangency, said curve having
a tangent bearing of S 38004'51"W; Thence S 77045'05"W
1488.81 feet to the Point of Beginning.
containing 100.000 acres more or less.
2. TERM OF THE LEASE; EARLY TERMINATION:
(a) This Lease shall have a term of sixty (60) years,
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terminating on the sixtieth anniversary of the effective date of
this Lease. On the thirtieth (30th) anniversary of this Lease, SCC
shall have an option to renew this Lease for an additional thirty
(30) years, beyond th~ original sixty (60) year term.
(b) However, this Lease shall automatically terminate
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beforehand, even if none of ]. ts other terms, and conditions were
breached, for the following reasons:
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(1) SCC fails to obtain a minimum of FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS ($500,000.00) funding for the construc-
tion of the public safety training center by the date of the fourth
anniversary of the execution of this document.
(2) SCC fails to commence construction of the public
safety training center by date of the fifth anniversary of the
execution of this document.
3. EFFECTIVE DATE OF THE LEASE:
(a) This Lease shall become effective when the COUNTY has
rezoned the property for use for Public Lands and Institutions
(PLI), which must take place before March 1, 1992 or this Lease
shall become null and void.
(b) Once the property has been rezoned PLI, the Board of
County Commissioners of Seminole County shall notify SCC in writing
that the rezoning has occurred and that the Lease has become
effective.
(c) until such time that this Lease becomes effective, SCC
shall not commence construction of the public safety training
center upon nor make any changes to the property in any manner.
4.
AMOUNT AND PAYMENT OF RENT:
The rent shall be FOUR
THOUSAND NINE HUNDRED THIRTY ONE AND 95/100 DOLLARS ($4,931.95) per
year payable annually by SCC to the COUNTY.
The first annual
payment shall be due within thirty (30) days of the notification to
SCC under section 3(b)~ Subsequent payments shall be paid on each
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anniversary of the date this Lease went into effect. Such annual
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Lease payments shall expire upon defeasance of the Seminole County
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Franchise Solid Waste Disposal System Revenue Bonds, Series 1990 or
until April 2020 whichever shall occur first. Thereafter, the rent
shall be ONE AND NO/100 DOLLARS ($1.00) per year paid annually by
SCC to the COUNTY for the remainder of the term.
5. ACCEPTANCE OF PREMISES BY SCC: Taking possession of the
property by SCC shall be conclusive evidence against Scc that the
property was in good and satisfactory condition at the time
possession was taken by SCC.
6. USE OF THE LEASED PROPERTY: SCC shall use the property
for operation of a public safety training center. SCC may erect on
the property such buildings as it may desire for the operation of
a public safety training center, so long as such buildings are in
conformity with federal, state and local laws, ordinances and
regulations, particularly land development regulations. The
education and training of EMS/Fire Rescue and criminal justice
personnel shall take place at the center. Any other use of the
property shall require the prior approval of the Seminole County
Board of County Commissioners.
7. PROHIBITED ACTIVITIES: SCC shall not, nor permit others
to use, the property for a purpose or in a manner which is
prohibited by the laws or regulations of the United States, the
State of Florida or the COUNTY.
8. COVENANT OF QUIET ENJOYMENT: The COUNTY agrees to permit
SCC, upon faithful p~rformance of the terms and covenants of this
Lease, to peaceably and quietly have, hold, and enjoy the use of
said premises for the purpose and for the term aforesaid.
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9. ASSIGNMENT AND SUBLETTING; SUCCESSORS AND ASSIGNS:
(a) SCC shall not assign nor sublet the property, or any part
thereof, without first obtaining the written consent of the COUNTY.
(b) All rights, obligations and liabilities given to or
imposed upon the COUNTY and SCC by this Lease shall extend to and
bind jointly and severally their successors, permitted sublessees
and permitted assignees.
(c) Neither this Lease nor the leasehold estate of SCC nor
any interest of SCC under this Lease in the property or in the
buildings or other improvements upon the property shall be subject
to involuntary assignment, transfer or sale, or to assignment,
transfer or sale by the operation of law in any manner except by
statute.
10. STATUS OF IMPROVEMENTS AND E~UIPMENT WHEN LEASE EXPIRES:
(a) All improvements, including fixtures, made to or placed
upon the property by SCC, at the expiration of this Lease shall
become the property of the COUNTY and shall be surrendered with the
property to the COUNTY's control, if the COUNTY so desires. If the
COUNTY does not so desire, see shall have the responsibility of
having, at SCC's option, the improvements removed, intact or
removed after demolition. The right of the COUNTY to any improve-
ments at expiration shall not be construed as giving rise to any
obligation on its part to provide any type of insurance coverage.
(b) sec shall remove all of its furniture, furnishings,
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property and equipment, pnd moveable trade fixtures, not constitut-
ing nonmovable fixtures, prior to the expiration of this Lease.
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11. MAINTAINING THE PREMISES; TAXES:
(a) SCC shall have the responsibility of maintaining the
property and any improvements made upon it in accordance with the
laws and regulations of the united states, the state of Florida or
the COUNTY.
(b) SCC shall pay, on a current basis} any taxes and special
assessments which may be levied and assessed on the leased premises
during the term of this Lease which arise from the use of the
property by SCC, its assignees or sublessees for which SCC is not
otherwise exempt from paying pursuant to state law.
12. INSURANCE:
(a) SCC shall procure before taking possession of the
property and maintain at all times during the term of this Lease,
liability and casualty damage insurance, in an amount of not less
than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000) and FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000) respectively. All
such insurance shall be written by a carrier licensed to do
business and regularly doing business in the state of Florida. The
COUNTY need not be named as an assured in any insurance policy
required by this Section. However, if the COUNTY is not named, the
policies shall contain a provision waiving all subrogation rights
against the COUNTY.
(b) certified copies of the above policy or a certificate
evidencing its exist~rce or a policy binder shall be delivered to
the COUNTY prior to sca taking possession of the property. In the
event a binder is delivered, it shall be replaced within fourteen
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(14) days by a certified copy or by a certificate of the policy.
Each such copy or certificate shall contain a valid provision or
endorsement that the policy may not be canceled, terminated,
changed or modified without giving fourteen (14) days' written
notice to the COUNTY.
(c) If see is self-insured as provided by sections 240.375
and 240.376, Florida Statutes, it shall be deemed as having met the
requirements of sections (a) and (b) of this section.
13. HOLD HARMLESS:
see agrees to hold harmless, indemnify
and defend the COUNTY from any and all loss, expense, damage or
claim for damages to person or property, including court costs and
attorneys' fees, which may occur as a result of see's, its agents' ,
its employees' or its students' negligence or fault.
The term
"students" shall be construed to mean-those individuals who were
enrolled at see at the time of the commission of an act or failure
to act.
14. FULL OR PARTIAL BREACH OF THE LEASE:
If either the
COUNTY or see fails to perform or otherwise breaches a provision of
this Lease, the other party shall give the party, failing to
perform or otherwise in breach, written notice specifying the
performance required or breach to be repaired.
If, after thirty
(30) days, the party still has not performed or otherwise remains
in breach, the second party may bring an action.
All remedies
shall be deemed cumulative and no one exclusive of the other.
"
15. NOTICES: When~ver either party desires to give notice to
the other, notice may be sent to:
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SEMINOLE COUNTY:
Ron Rabun, county Manager
County Services Building
1101 East First street
Sanford, Florida 32771
SEMINOLE COMMUNITY COLLEGE:
District Board of Trustees of Seminole Community College
c/o Mr. Andrew J. Vavreck
Vice President Administration and Finance
100 Weldon Boulevard
Sanford, Florida 32773
Either the COUNTY or SCC may change the address at which they
receive notice by providing written notification.
16. CONSTRUCTION OF THIS LEASE: If anyone or more provi-
sions of this Lease is found by a court to be unenforceable for
whatever reason, such a finding shall not affect any other
provision of this Lease. This Lease shall be construed as if it
had never contained the unenforceable provision(s) .
17.
APPLICABLE LAW:
This Lease shall be construed in
accordance with statutory and case law of the State of Florida.
18.
INTEGRATION CLAUSE; AMENDMENTS:
The COUNTY and SCC
acknowledge and agree that they have not relied upon any state-
ments,representations, agreements or warranties, except such as
expressed in this document, and that no amendment or modification
of this Lease shall be valid or binding unless expressed in writing
and executed by the parties in the manner of this Lease.
'1
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THIS LEASE shall be deemed executed after signed as provided
below.
WITNESSES:
:C"
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ATTEST:
For use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
~/~z/L<
..county Attorney
HW/dre
10/02/91
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SEMINOLE COMMUNITY COLLEGE
DISTRICT BOARD OF TRUSTEES
By:
h <-...; d) ,;'-/-
~" 7}:Cl' ,.C ;., (// - {('. J./:. l.
ONSTANCE M. AUSTIN, Chairman
Date:
/CJ/e/7 I
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BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
Date:
\. . I.
STREETMAN, JR.,
. (( 1/4 ! 9/
As authorized for execution by
t~e Boar:d of. cou~ Commis-
S10ners 1n the1r . .Hf, I J-- ,
19~, regular meeting.
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RESOLUTION NO. 91-R- 295
SEMINOLE COUNTY, FLORIDA
THE FOLLOWING RESOLUTION WAS ADOPTED AT THE
REGULAR MEETING OF THE BOARD OF COUNTY COMMIS-
SIONERS OF SEMINOLE COUNTY, FLORIDA, ON THE
12TH DAY OF NOVEMBER, 1991.
WHEREAS, SEMINOLE COUNTY has experienced tremendous population
growth in recent decades; and
WHEREAS, this population growth has led to the need for
increased fire and safety protection; and
WHEREAS, this need for increased fire and safety protection
requires additional trained personnel; and
WHEREAS, Seminole Community College has successfully provided
EMS/Fire and Criminal Justice training in Seminole County for many
years; and
WHEREAS, Seminole Community College through its Board of
Directors has unanimously expressed interest in expanding its
EMS/Fire and Criminal Justice training programs in the form of a
public safety training center; and
WHEREAS, SEMINOLE COUNTY also supports the creation of a
public safety training center and owns a suitable parcel for its
location;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE COUNTY, FLORIDA, THAT:
SECTION 1. LEASED PREMISES.
(a) The real property located in Seminole County, Florida
which is being leased to Seminole Community College is fully
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described as follows:
1
A portion of section 2, Township 20 South, Range 32 East,
Seminole County, Florida, being more particularly
described as follows: Commence at the Southwest corner of
the Southeast 1/4 of said section 2, Township 20 South,
Range 32 East; Thence run N OooOO'OO"E 285.00 feet along
the West line of the East 1/2 of said section 2 to the
Northerly right of way line of Osceola Road (an existing
50 foot right of way, per Plat Book 6, Page 48), and the
Point of Beginning; Thence continue along the West line
of the East 1/2 of said section 2, N OooOO'OO"E 1908.00
feet; Thence S 90000'00"W 1100.00 feet; Thence N 00000'0-
O"E 1551.27 feet; Thence S 90000'00"E 728.92 feet; Thence
S 30041'07"E 727.16 feet to a point on the West line of
the East 1/2 of said section 2; Thence S 14054'59"E
678.19 feet; Thence S 52010'43"E 1274.27 feet; Thence S
82025'13"E 497.53 feet; Thence S 26008'52"E 748.06 feet
to the Northerly right of way of Osceola Road and the
point of curvature of a curve concave to the Northwest
having a radius of 954.93 feet and a central angle of
39040' 14"; Thence run Southwesterly along the arc of said
curve and the Northerly Right of Way of Osceola Road
661.18 feet to the point of tangency, said curve having
a tangent bearing of S 38004'51"W; Thence S 77045'05"W
1488.81 feet to the Point of Beginning.
containing 100.000 acres more or less.
.
(b) The real property is to be used for a public safety
training center in accordance with the terms of the Lease approved
this
date by the Board of
County Commissioners
and Seminole
4
community College. The terms of the Lease include:
(1) A leasehold period of sixty (60) years with an
option of renewal by Seminole community College on the thirtieth
(30th) anniversary for an additional thirty (30) years.
(2) An annual rent to be paid by Seminole Community
College of FOUR THOUSAND NINE HUNDRED THIRTY-ONE AND 95/100 DOLLARS
($4,931.95) payable ann~ally, an amount which shall decrease to ONE
AND NO/100 DOLLARS ($1.00) per year paid annually upon defeasance
of the Seminole County I Franchise Solid Was;te Disposal system
2
Revenue Bonds, Series 1990, or April 2020 whichever shall occur
first.
SECTION 2. FINDINGS AS TO PROPERTY.
The Board finds and
determines that the property described in section 1 above is not
necessary for the operation of Seminole County Government, that the
use of the property described in section 1 above for a public
safety training center is advantageous to SEMINOLE COUNTY, and that
the use of the property described in section 1 above for a public
safety training center will benefit the citizens of Seminole
County.
ADOPTED this 12th day of
Nov.
, 1991.
~y
C1er to the Board of
County Commissioners of
Seminole County, Florida
BOARD OF COUNTY COMMISSIONERS
SEMI_~OLE CO:h! :LO~IDA
BYG:'v(~i (J/ ,>A~t C\ I",>; /
-Fred W-;-3Streetman, Jr. , Cha1rman
HW/dre
11/14/91
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