HomeMy WebLinkAboutVII (D) Discussion re Site for City Boxing Program Agenda 12-05-2000
Item VII D
..CJNTER UP GOODLIJJNG-PRIDE OF117:STOR-LV'G/t.. MAYOR.crnm9SSicrvER
N Ocoee 3_SCOCI VANDERCRIFF
° y®y���a CITY OF OCOEE eoN :ssiu�-:Rv
r► yr DANNY IIOWELL
Oa I511 N. LAKSARORE DRIVE SCOTT ANDERSON
r� ?� OCOr;r:, FujRIDA3 476 1-22 5 8 RUSTY JOIINSON
�} (J07)905-3100 NANCY.I. PARKER
�*Of G000�`
CITY MANA.URR
I1I,I,IS SI IAPIRO
STAFF REPORT
TO: The Mayor and Board of City Commissioners \
FROM: Bruce Nordquist, CPRP, Director of Recreation $N
DATE: November 29, 2000
RE: Authorization for the Boxing Program facility
ISSUE:
Should the Mayor and City Commissioners approve the facility at 399 Enterprise St. for the City
of Ocoee Boxing Program?
BACKGROUND & DISCUSSION:
The Recreation Department has been searching for a facility to start the Boxing Program and
several sites have been investigated for its use. The site at 399 Enterprise St. (plat attached) is a
metal building with several units in a row and would be sufficient for the program. The
department would need 3 of these contiguous units to permit space for the activities in the
Program. The rental cost of$750 each (total $2250) is within the department budget authorized
by the Commission (contract attached).
The Recreation Department has met with the Planning and Building Department officials and have
concurred that the facilities zoning(I-2) meets the requirements for the Boxing Program The
building has been inspected and meets the basic safety codes. Only a few small adjustments will be
required to the facility which will include adding a shower using the existing plumbing and making
the exit more accessible by making a hallway to the door versus through an office.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve the facility at 399
Enterprise St. for the Ocoee Boxing Program.
oll-
or ay.
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MATRIX DES,-INC.
BUSINESS LEASE 11vv
THIS AGREEMENT, entered into this 1Lday of U�
?Da() between MATRIX DEVELOPMENT, INC. hertafter called the
Lessor, party of the first part, and
ezi
of the County of irer-9_�_, end State of
hereinafter called the lessee or tenant, party of the second
part;
MITNESSETH, thee the said lessor does this day lease unto
said losese, and said lessee does hereby hire and take as tenant
under said lessor 3 (/ 9 D e b /J
ciri �_4..:,c/ l� cue-r_
situate in Orange County, Florida, to be used and occupied
by the lessee for the
and for no other purpdies or uses whatsoever, for the term of
, subject and conditioned to the provi
of clause ten of this lease beginning the- /'O�-day of 3AA!
201, and ending the 30 tay of �,L-C * ���------ 2e5i, 7
�/at and for the agreed total rental of 2�i,c .
oe
f$ 2Z 3 V ) Dollars, payable as follows: -POL
/�lLY1J"'
The f011owing express stipulations and conditions are made
part of this lease and are hereby assented to by the lessee:
PIRST: The lessee shall not assign this lease, nor sub-let
the premises, or any part thereof, nor use the same, or any part
thereof, nor permit the same, or any part thereof, to be used
for any other purpose than as above stipulated, nor make any
alterations therein, and all additions thereto, without the
written consent of the lessor, and all additions, fixtures or
improvements which may be made by lessee, except movable office
furniture, shall become the property of the lessor and remain
upon the premises as a part hereof, end be surrendered with the
premises at the termination of this lease.
SECOND:. All personal property placed or moved in the premises
above described shall be at the risk of the lessee or owner thereof,
and lessor shall not be liable for any damage to said personal
property, or to the lessee arising from the bursting or Leakiny
of water pipes, or from any act of negligence of any co-tenant or
occupants of the building or any other person whomsoever.
THIRD: That the tenant shall promptly execute end
comply with all statutes, ordinanaces, rules , orders, regulations
and requirements of the Federal, State and City Government and of
any and all their Departments end Bureaus applicable to said premises,
for the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises during said
term; and shall'also promptly comply with and execute all rules,
orders and regulations of the Southeastern Underwriters Association
for the prevention of fires, at own cost and expense.
FOURTH: In the event the premises shall be destroyed or so
damaged or injured by fire or other casualty during the life of
this agreement, whereby the same shall be rendered untenantable,
then the lessor shall have the right to render said premises
tenantable by repairs within ninety days therefrom. If said
premises are not rendered tenantable within said time, it shall
be optional with either party hereto to cancel this lease, and
in the event of such cancellation the rent shall be paid only to
the date of such fire or casualty. The cancellation herein
mentioned shall be evidenced in writing.
FIFTH, The prompt payment of the rent for said premises upon
the dates named, and the faithful observance of the rules and
regulations printed upon this lease, and which are hereby made
a part of this covenant, and of such other and further rules or
regulations as may be.hereafter made by the lessor, are the
conditions upon which the lease is made and accepted and any failure
on the part of the lessee to comply with the terms of said lease,
or any of said rules and regulations now in existence, or which
may be hereafter prescribed by the lessor, shall at the option of
the lessor, work a forfeiture of this contract, and all of the
rights of the lessee hereunder, and thereupon the lessor, his
agents or attorneys, shall have the right to enter said premises,
and remove all persons therefrom forcibly or otherwise, and the leoree
there&y expressly waives any and all notice required by law to
terminate tenancy, and also waives any and all legal proceedings
to recover possession of said premises, and expressly agrees
that in the event of a violation of any of the terms of this lease,
or of said rules and regulations, now in existence, or which may
hereafter be made, Said lessor, hie agent or attorneys, may
immediately re-enter said premises and dispossess lessee without
legal notice or the institution of any legal proceedings whatsoever.
SIXTH: If the lessee shall abandon or vacate said premises
before the end of the tern of this lease, or shall suffer the
rent to be in arrears, the lessor may, at his option, forthwith
cancel this lease or he may enter said premises as the agent of
the lessee, by force or otherwise, without being liable in any
way therefore, and relet the premises with or without any furniture
that may be therein, as the agent of the lessee, at such price
and upon such terms and for such duration of time as the lessor
may determine, and receive the rent therefor, applying the same
to the payment of the rent due by these presents, and if the full
rental herein provided shall not be realized by lessor over and
above the expenses to lessor in such re-letting, the said lessee
shall pay any deficiency, and if more than the full rental in
realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection
and reasonable attorney's fees on any part of said rental that
may be collected by suit or by attorney, after the same ie
past due, •
EIGHTH: The lessee agrees that he will pay all charges for
rent, gas, and electricity or other illumination, used on said
premises, and should said charges for rent or light herein
provided for at any time remain duo and unpaid for the period of
five (5) days after the same shall have become due, the lessor
may, at its option, consider the said lessee tenant at sufferance
and immediately re-enter upon said premises and the entire rent
for the rental period then next ensuing shall at once be duo and
payable and may forthwith be collected by distress or otherwise.
•
NINTH: The said lessee hereby pledges and assigns to the
lessor all the furniture, fixtures, goods and, chattels of said
lessee, which shall or may be brought or put on said premises as
security for the payment of the rent herein reserved, and the
lessee agrees that the said lien may be enforced by distress fore-
closure or otherwise at the election of the said lessor, and does
hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with all costs and charges
therefore incurred or paid by the lessor.
TENTH, It is hereby agreed and understood between lessor and
lessee that in the event the lessor decides to remodel, alter
• or demolish all or any part of the premises leased hereunder, or
in the event of the sale or long term lease of all or any part of
the ; requiring this space, the lessee hereby
agrees to vacate same upon receipt of sixty (60) days written
notice and the return of any advance rental paid on account of
this lease.
It being further understood and agreed that the lessee will
not be required to vacate said premises during the winter season:
namely, November first to May first, by reason cI the above
paragraph.
ELEVENTH: The lessor, or any of his agents, shall have the
right to enter said premises during all reasonable hours, to
examine the same to make such repairs, additions or alterations as
may be deemed necessary to the safety, comfort, or preservation
thereof, or of said building, or to exhibit said premises, and to
put or keep upon the doors or windows thereof a notice "FOR PENT"
at any time within thirty (30) days before the expiration of this
lease. The right of entry shall,. likewise, exist for the purpose
of removing placards, signs, fixtures, alterations, or additions,
which do not conform to this agreement, or to the rules and regu-
lations of the building.
TWELFTH: Lessee hereby accepts the premises in the condition
they are in at the beginning of this lease and agrees to maintain
said premises in the same condition, order and repair as they are at
the commencement of said term, excepting only reasonable wear
and tear arising from the use thereof under this agreement, and
to make good .to said lessor immediately upon demand, any damage to
water apparatus, or electric lights or any fixture, appliances or
appurtenances of said premises, or of the building, caused by any
act or neglect of lessee, or of any person or persons in the employ
or under the control of the lessee.
THIRTEENTH: It is expressly agreed and understood by and
between the parties to this agreement, that the landlord shall
not be liable for any damage or injury by water, which may be
sustained by the said tenant or other person or for any other damage
or injury resulting from the carelessness, negligence, or improper
conduct on the part of any other tenant or agents, or employees, or
by reason of the breakage, leakage, or obstruction of the water,
sewer or soil pipes. nr other lewkpm. :r nr ":.,.,•. .,... .-u h,•, in,,,..
1.1 ,,
POUHT(IENTH: If the lessee shall become insolvent or if
bankrup p :proceedings shall be begun by nr r,gainst the lesser,
before bankrupt
,. nd of said term the lessor is hereby irrevocably
authochzI yt its option, to forthwith cancel this lease, as for
a detlyl Lessor may elect to accept rent from such receiver,
trustee/or other judicial officer during the term of their
occupancy in their fiduciary capacity without effecting lessor's
rights'as contained in this contract, but no receiver, trustee
or other ]udicial officer shall ever have any right, title or
interest in or to the above described property by virtue of this
contrapt. ,.
VIFTLENTII, Lessee hereby waives bad- renounces for himself
and (a
! y.Any and all homestead and exemption rights he may
have now, or hereafter, under or by virtue of the constitution end
laws of the state of Florida, or of any other State, or of the
united Stator, as against the payment of said rental or any
portion hereDf, or any other obligation or damage that ray accrue
under the terms of this agreement.
SIXTELNTH: It is understood and agreed between the parties
hereto that time is of the essence of this centred and this
applies to all terms and Conditions•contained herein.
SEVLNTEENTII: It is understood and agreed between the parties
hereto that written notice mailed or delivered to the premises
leased hereunder shall constitute sufficient notice to the lessee
and written notice mailed or delivered to the office of tee lessor
shall Constitute sufficient notice to the lessor, to comply with
the terms of this contract.
r.IGNTEENT)t: Thu rights of the lessor under the foregoing '
shall be cumulative, and failure on the part of the lessor
to exercise. promptly any rights given hereunder shall not operate
to forfeit any of the said rights,
NINETEENTH:. It is further understood and agreed between
the parties,hereto that any charges against the lessee by the .
lessor for services or for work done on the premises by order
Of the lessee or otherwise accruing under this contract shell !
be conaldorod.an,rent due and shall be included in any lien for
rent duo 'and unpaid.
TWPNTILTHI 'It is hereby understood and agreed that any signs
withor onnection
advertising
promisor loaned dhurounlcrnshalll be s first, incaubmittcd to the
lessor for approval before installation of same.
WITNESS, our hands and seals the day and year first above
written.
Witness,
Lessee
Lessee
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