87-R-22RESOLUTION NO. 87-R-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE "LEASE AGREEMENT" BETWEEN THE
CITY OF EDGEWATER POLICE DEPARTMENT AND OSCAR ZELLER,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, at a regular scheduled City Council meeting on
the 16th day of March, 1987, the City Council of the City of
Edgewater, directed the City Attorney to prepare a Resolution
authorizing the appropriate City Officials to execute the
"Lease Agreement" between the City of Edgewater Police Depart-
ment and Oscar Zeller.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of
Edgewater, Florida, authorizes the appropriate City officials of
the City of Edgewater to execute a Lease Agreement between the
City of Edgewater Police Department and Oscar Zeller.
SECTION 2. A copy of said Lease Agreement is attached to
this Resolution and by reference incorporated therein.
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said Council
held on the 6th day of April , 1987 and approved
as provided by law.
This resolution was introduced and sponsored by Councilman
Prater and was read and passed by a vote of the
City Council at a regular meeting held on the 6th
day of April , 1987, and authenticated as provided by
law.
ROLL CALL VOTE ON RESOLUTION NO.87-R-22 AS FOLLOWS:
Mayo
-
Coun ilma e One
1
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Cnc, ma Zen wo
Coun ma Zone qhr e
ilman-Zone Four
Authenticated this 6th
day of April , 1987.
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Mayor
This Resolution prepared by:
,Cty hey
Res.No.87-R-22
LEASE AGREEMENT
This Lease made and entered into this 15th day of
.l , 1987, by and between the CITY OF EDGEWATER
POLICE DEPARTMENT, hereinafter called "Lessee", and OSCAR ZELLER,
and JULIAN GREENE, hereinafter called "Lessors".
WHEREAS, Lessors are the owners of certain property that
they are desirous of leasing to Lessee, and,
WHEREAS, Lessee is desirous of leasing said property.
W I T N E S S E T H:
That in consideration of the payment of One ($1.00) per year
and other consideration as set forth below, and by mutual
agreement of the parties hereto, and the faithful performance by
each party of each of the terms and conditions hereinafter set
forth, Lessors hereby grant to Lessee a lease to use the property
owned by Lessors known as and described as:
The Southwest part of Lot 35AA Plat of Assessors Subdivsion
of G. Alvarez Grant, Section 52, Township 17 South, Range
34 East, as per map thereof recorded at Map Book 3, Page
137, Public Records of Volusia County Florida, bordered
by the mosquito control ditch on the South side and
bordered by the existing pond on the North side, a square
parcel approximately two hundred (200) feet by two hundred
(200) feet.
upon the following terms and conditions:
1. The Lessors shall provide the above described property
to Lessee, for the purpose of Lessee building a shooting range to
be used for training and qualifying purposes by the Edgewater
Police Department.
2. This lease shall be for a term commencing on the 16th
day of April , 1987 for one (1) year, and shall
continue from year to year thereafter.
tion.
3. Lessee hereby accepts the property in an "as is" condi-
4. Lessee shall provide all labor and materials for the
construction of the shooting range, and shall build said shooting
range at their own cost and expense.
5. Either party may terminate this lease by serving a
written notice of its election to terminate, said notice shall be
served at least ninety (90) days prior to the projected
termination date.
6. Lessee shall indemnify and hold harmless Lessors against
and from any and all claims arising from Lessee's use of the
property or from any activity, work, or thing done, permitted or
suffered by the Lessee in or about the property, and shall
further indemnify and hold harmless Lessors against and from any
act or negligence of the Lessee, or of its agents or employees,
and from and against all costs, attorney's fees, expenses and
liabilities incurred in or about any such claim or any action or
proceedings brought thereon; and in case any action or proceeding
be brought against Lessors by reason of any such claim, Lessee
upon notice from Lessors shall defend the same at Lessee's
expense. Lessee, as a material part of the consideration to
Lessors, hereby assumes all risk of damage to property or injury
to persons, in, upon or about the property from any cause other
than Lessors' negligence.
IN WITNESS WHEREOF, the parties have executed this Lease on
the 15th day of April , 1987.
Signed, Sealed and CITY OF EDGEWATER POLICE DEPARTMENT
Delivered in the presence
of:
BY:
Mayor
City Clerk
ATTEST:
-2-
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on the 15 day of ,
1987, before me personally appeared Earl D. Baugh gnd Cornelia
Martinez, respectively Mayor and City Clerk, of the City of
Edgewater, a municipal corporation under the laws of the State of
Florida, to me known to be the persons described in and who
executed the foregoing Lease Agreement with Oscar Zeller and
Julian Greene, and severally acknowledged the execution thereof
to be their free act and deed as such officers, and that they
affixed thereto the official seal of said corporation, and the
said instrument is the act and deed of said corporation.
WITNESS my signature and official seal in the County of
Volusia, and State of Florida, the diy and year la aforesaid.
Q
o ar Public, State f &oi�aSb#A of Banta
C emission Expire :y_+'�;,,,, ��pi 1, 10
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STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that on the /OZL6 day of /
1987, before me personally appeared OSCAR ZELLER, t me known toy
be the person described in and who executed the foregoing Lease
Agreement with The City of Edgewater Police Department, and
acknowledged the execution thereof to be his free act and deed.
WITNESS my signature in the County of Volusia, and State of
Florida, the day and year last aforesaid.
Not(arrmymPublic, State of Florida
My H"efarY Public Sat EofF urlda et�—
STATE OF FLORIDA My Commisslon Expires June 15, 1990
Bonded thru Agent's Notary &
COUNTY OF DUVAL Surety Broker
I HEREBY CERTIFY that on the / a day of //�/�/ ,
1987, before me personally appeared— ULIAN GREENE",77"t"o me known tto
be the person described in and who executed the foregoing Lease
Agreement with The City of Edgewater Police Department, and
acknowledged the execution thereof to be his free and and deed.
WITNESS my signature in the County of Duval, and State of
Florida, the day and year last aforesaid.
Notary Public, State of Florida
My Commission Expires: /__i.r_57i0
Notery Public. State of Florida a etge
g:y Commission Expires June 15, 1990
Bonded thru Agent's Nolary &
Surety Brokerage