Subject:
Title
Direction Re: County Property Located at 2605 Flake Road, Titusville and Termination of Lease Agreement with Furever Home Animal Rescue, Inc. - District 1
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Fiscal Impact:
No cost associated with the Termination of the Lease Agreement. The Board's direction will determine the Fiscal Impact regarding the County property.
Dept/Office:
Public Works Department/Facilities
Requested Action:
Recommendation
It is requested that the Board of County Commissioners 1) approve and authorize the Chairman to execute the Termination of Lease Agreement with Furever Home Animal Rescue, Inc.; 2) direct staff on options pertaining to the County property; and 3) authorize the County Manager to approve any necessary changes to include Budget Change Requests associated with this action.
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Summary Explanation and Background:
On May 5, 2020, the County and Furever Home Animal Rescue, Inc. (tenant) entered into a lease agreement for the County property located at 2605 Flake Road, Titusville. Per the lease agreement, the tenant was to operate an animal shelter on the premises. According to the lease, the tenant proposed to improve the facility to meet code requirements within one year of execution of the lease. In addition, the tenant was to begin exterior improvements and maintenance immediately upon execution of the lease. The tenant was to complete all exterior repairs, including roof and soffit repairs, screen replacement, gate and fence repair, repainting, and all other exterior improvements within ninety days of County approval.
On February 5, 2025, the City of Titusville issued a notice of violation in response to a complaint received by their Code Enforcement Department and gave the County until March 4, 2025, to make all necessary repairs that the tenant had failed to complete per the lease. On February 17, 2025, the tenant indicated they no longer wished to use the property as an animal shelter and agreed this effectively resulted in the termination of the lease. The Termination of Lease Agreement outlines the terms and conditions. In accordance with Administrative Order 29, the Termination of Lease Agreement has been reviewed and approved by the County Attorney’s Office, Risk Management, and Purchasing Services.
The County Attorney’s Office is coordinating with the City Attorney to request a time extension given the extent of the issues so that staff may obtain Board direction. The City seems willing to work with the County as long as we diligently address the blighted condition. Given the City’s notice of violation and the effective lease termination, staff seeks Board direction on the County property as outlined below.
Option 1 - The County renovates the property
• Repairs will be needed to meet the Florida Building Code, Life and Safety regulations for human occupancy, and Life and Safety regulations for an animal care facility, if applicable.
• The estimated cost to address the notice of violation is $135,000, and the renovation is expected to take 12 months. The estimated cost to meet regulations for an Animal Care Facility is $275,000, and the renovation is expected to take 18 months. An estimated additional $100,000 is needed for either option to clean, disinfect, replace interior surfaces and furnishings, and/or paint the inside of the facility given the abhorrent odor. The funding source would need to be identified by the Board.
• The property could then be utilized by the County, leased, surplused, or donated.
Option 2 - Lease the property, in its current condition, to a nonprofit entity to operate an animal care facility.
• The new tenant would be fully responsible for making the necessary repairs/renovations at their own cost to meet the Florida Building Code, Life and Safety regulations for human occupancy, and Life and Safety regulations for an animal care facility, as applicable, as well as to address the abhorrent odor.
• County oversight would be a condition of the new lease agreement to ensure the repairs/renovations are made.
Option 3 - Surplus the property in its current condition.
Option 4 - Demolish the facility.
• The estimated cost is $90,000 for demolition of the existing facility, removal, and re-seeding of the site and is expected to take six months.
• The property could then be utilized by the County, leased, or surplused.
• The property’s value is approximately $135,000.
Option 5 - Other direction as provided by the Board.
Clerk to the Board Instructions:
Please return the fully executed Termination of the Lease Agreement to the Public Works Department.