Subject:
Title
Approval Re: Resolution and Lease for the H.S. Williams House (Lawndale) located at 1219 Rockledge Drive, Rockledge, Florida to the Preservation and Education Trust, Inc. (District 2)
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Fiscal Impact:
There will be no impact to the General Fund. The Preservation and Education Trust, Inc. will be solely responsible for the operation, restoration, preservation, maintenance, and management of the H.S. Williams House and the surrounding grounds. This is a nominal lease where the consideration is one dollar ($1.00) per year for the term.
Dept/Office:
Parks and Recreation Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize:
1. The Chair to execute a Resolution, pursuant to Section 125.38, Florida Statutes, and Section 2-247, Brevard County Code of Ordinances, allowing the non-competitive lease of County property located at 1219 Rockledge Drive, Rockledge, Florida, known as the H.S. Williams House (Lawndale), to the Preservation and Education Trust, Inc. for public use,
2. The Chair to execute the Lease Agreement, and
3. The Parks and Recreation Department Director be authorized to execute the renewal option, modifications, and any amendments upon approval of the County Attorney’s Office and Risk Management.
A majority plus one vote of the Board is required to approve this item per Sec. 2-247, Code of Ordinance of Brevard County.
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Summary Explanation and Background:
The Parks and Recreation Department has maintained a Lease Agreement with the Preservation and Education Trust, Inc. (Trust), a Florida not-for-profit corporation, for the H.S. Williams House (Lawndale) since March 6, 2001, supporting an ongoing partnership to provide public programming, historic preservation, and cultural benefit for the community. Additionally, the Trust has sought and received numerous donations and grants to restore aspects of the House reflective of its original use and appearance over the past 25 years, and this lease will allow these same activities to continue into the future.
Brevard County Ordinance Section 2-247, non-competitive lease or sale of county property, allows for the leasing of county-owned real property to any nonprofit corporation “If the board of county commissioners is satisfied that the proposed use of the property will serve the public interest; will serve a public purpose; is in the best interest of the county; and make a finding that the property is either likely to be not needed for county purposes in the future or will be used in a manner compatible with county purposes, the board of county commissioners may, in its sole discretion, authorize the sale or entry into a lease for rent, whether nominal or otherwise, as the board of county commissioners may fix, regardless of the actual value of the lease.”. Since the value of this lease is nominal, then a majority plus one vote of the Board is required for approval of this lease.
The new Lease Agreement includes a twenty-five (25) year term with one (1) additional five (5) year renewal option, at a lease consideration of one dollar ($1.00) per year. The Trust shall operate, maintain, and preserve the H.S. Williams House for the benefit and enjoyment of the public, consistent with the terms of the Lease Agreement. The lease also includes a reversion clause providing that, if the premises cease to be used for the stated purpose, the lease term shall immediately cease, and the premises shall revert to the County.
Clerk to the Board Instructions:
Please return the Resolution and Lease Agreement to the Parks and Recreation Department.