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File #: 6486   
Type: Consent Status: Adopted
File created: 12/20/2023 In control: Public Works Department
On agenda: 1/9/2024 Final action: 1/9/2024
Title: Approval, Re: Resolution and Lease Agreement for Office Space for the State of Florida Department of Environmental Protection - District 2
Attachments: 1. Contract Review and Approval Office Space.pdf, 2. Resolution-FDEP-Lease-2024.pdf, 3. FDEP Lease Agreement.pdf

Subject:

Title

Approval, Re: Resolution and Lease Agreement for Office Space for the State of Florida Department of Environmental Protection - District 2

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Fiscal Impact:

Revenue of the annual rent of $1.00 will be deposited in the General Fund.

Dept/Office:

Public Works Department/Facilities

Requested Action:

Recommendation

It is requested that the Board of County Commissioners authorize the Chair to execute the Resolution and Lease Agreement allowing the non-competitive lease of County property (office space) at the Brevard County Government Center Service Complex located at 2575 N. Courtenay Parkway, Suite 104a, Merritt Island to the State of Florida Department of Environmental Protection. It is also requested the Board authorize the County Manager to execute the ten-year lease renewal. A majority plus one vote of the Board is required to approve this item per Sec. 2-247, Code of Ordinances of Brevard County.

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Summary Explanation and Background:

The State of Florida Department of Environmental Protection (F.D.E.P.) requested to lease the office space to conduct governmental operations.  Physical office space was needed by F.D.E.P.  to serve this area.  County staff have determined that the space is not needed for County purposes, and that leasing the space serves a public purpose.

 

Brevard County Code of Ordinances Section 2-247, non-competitive lease or sale of County property, allows for the leasing of County-owned real property to any department or agency of the United States 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.”  Per the Code, the lease may be “nominal or otherwise, as the board of county commissioners may fix, regardless of the actual value of the lease. If the value of such sale or lease is of nominal value, then a majority plus one vote of the board of county commissioners shall be required. For purposes of this section, nominal value shall mean a token value that does not bear a direct relationship to the fair market value.”  A Resolution by the Board is also required to approve the Lease Agreement.  In accordance with Administrative Order 29, the Lease Agreement has been reviewed and approved by the County Attorney’s Office, Risk Management, and Purchasing Services.

Clerk to the Board Instructions:

Return the Resolution and Lease Agreement (fully executed) to the Public Works Department.