HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute First Amendment to Lease Agreement Agenda 2-15-2000
Item III B
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0448
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: February 7, 2000
RE: First Amendment to Lease Agreement with Base Operations
Management Services, Inc.
ISSUE:
Should the City Commission approve the proposed First Amendment to Lease
Agreement with Base Operations Management Services, Inc.?
DISCUSSION:
The City has previously entered into a Lease Agreement with Base Operations dated
August 27, 1998. The Lease Agreement was entered into in connection with the purchase of
lands which were then leased back to the Seller for a term of three (3) years. Base Operations
has requested that the City remove one building/lot from the Lease Agreement with no
adjustment in rent. The City Fire Department intends to utilize the building in connection with
its training program which will ultimately result in the demolition of the building.
Since the proposed First Amendment does not affect the rental payment to the City and
will make the lot available at an earlier date, there does not appear to be any downside to the
City.
The City Manager concurs in the above evaluation and recommends approval of the
First Amendment.
RECOMMENDATION:
It respectfully is recommended that the Honorable and City Commissioners approve the
First Amendment to Lease Agreement between the City and Base Operations Management
Services, Inc.
PER/jh OiL
C611914
006.169987.1
FIRST AMENDMENT TO LEASE AGREEMENT
This FIRST AMENDMENT TO LEASE AGREEMENT (this "Amendment")
is made and entered into this day of , 2000, by and between the CITY
OF OCOEE, FLORIDA, a Florida municipal corporation, whose address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 ("Landlord") and BASE OPERATIONS
MANAGEMENT SERVICES, INC., a Florida corporation, whose address is 12 East McKey
Street, Ocoee, Florida 34761 ("Tenant").
PREMISES
WHEREAS, Landlord and Tenant entered into that certain Lease Agreement
dated August 27, 1998 for a parcel of property described in Exhibit "A" attached thereto (the
"Lease"); and
WHEREAS, the parties desire to amend the Lease by removing a portion of the
property subject to the Lease so that the Landlord can make alternative use of the portion
removed and so that the Tenant can be relieved of the maintenance responsibilities of the
portion removed.
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. Recitals. All of the above recitals are true and correct in every respect and
are incorporated in this Amendment and made a part hereof.
2. The Premises. Exhibit "A" attached to the Lease is hereby amended by
deleting the reference to Lot 6 of Block "D", MARION PARK, as recorded in Plat Book "L",
Page 48, Public Records of Orange County, Florida so that this lot is no longer subject to the
terms of the Lease.
3. Ratification. Except as specifically set forth in this Amendment, the Lease
shall remain in full force and effect and is hereby ratified, confirmed, and approved for the
Lessee and the Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
to become effective as of the date and year first written above.
Witnesses: TENANT
BASE OPERATIONS MANAGEMENT
SERVICES, INC. a Florida o poration
By: ve
Print Name: Ben,Griffin, Presiden
5 0
Prin m
�UD/E G
-1-006.167774.1
LANDLORD
Attest: CITY OF OCOEE, FLORIDA
By: By:
City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality ON , 2000 UNDER
This day of , 1999. AGENDA ITEM .
Foley & Lardner
By:
Paul E. Rosenthal, Esq.,City Attorney
-2-006.167774.1