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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. x \ A/UU^S/' /a "W, /SOS.O19' I zzs.aa' 2/0.so r IA ' I A k 4 a i N \ D pH D V 0 V N L . W res.4�' r/7 rz �a0.410 40\) ) yA.‘LN' N. 1,t1 ‘ M) 1?40r 11 N Lw'3/'/O 'iV 6AS.v• V_e �. °s /I/OU•3,',o ac Jill/' t YCO-vOFt ‘ C L.F. ROPER PARKWAY cq '' kyc pbcltyt t 4<.. Sr _ Jo• ,o' ; "iipOkN �n‘oCpomiyy N pZIy *$ p1OV T v o NI " gTpN �fi " � isZ 11 � ° kv ry' q 4o C \yP)4n• 1pZYy ` w‘10 ~ "0� ^ � 2a2c1ac a �C iCic! T ° " N 00°SO'/v'w 5a6.7/ • \ ' t q c y % 4 y I 2 v3 J.lJU^ S/' /O "E Z ( 1 ' J r "/ .0 .�I $: ( T \ tt y •' � Z O• . t �l ass.v/ m v - —r— ° I y� . , Ip yXC MC � �� � r J�o,- ti z v ';� � A� �LiZ�mtiwal �m } " N 42\ 9Ckyk Nvnryo44 T .; w a� cat e � T ngp " Z:M _1 .n C t� �u0 � a1taTno • yN1 1Nn a2 \ Z is - A i R�,. Nt"NC � boZ� l A �I � C 4V Ty. TIN R" Z Oa tiWTnN. MATRIX DES,-INC. BUSINESS LEASE 11vv THIS AGREEMENT, entered into this 1Lday of U� ?Da() between MATRIX DEVELOPMENT, INC. hertafter called the Lessor, party of the first part, and ezi of the County of irer-9_�_, end State of hereinafter called the lessee or tenant, party of the second part; MITNESSETH, thee the said lessor does this day lease unto said losese, and said lessee does hereby hire and take as tenant under said lessor 3 (/ 9 D e b /J ciri �_4..:,c/ l� cue-r_ situate in Orange County, Florida, to be used and occupied by the lessee for the and for no other purpdies or uses whatsoever, for the term of , subject and conditioned to the provi of clause ten of this lease beginning the- /'O�-day of 3AA! 201, and ending the 30 tay of �,L-C * ���------ 2e5i, 7 �/at and for the agreed total rental of 2�i,c . oe f$ 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 • :.' d'', • MATRIX DEVELOPMENT, INC. / , � ` itsL �/I�ti l4�/ .;.f its • STATE. OF ',it() tpA� • COUNTY .0y.`. '164s.1`.i- ►VIA I RI X Difsc,,,7iON LOr`N",, *err 04ANCE /,VO✓51,(IAl R''ef [A,gfa TWO, .45 RECagOS OF CRANCE COuaf ,/IOX iDA, [ESS D!OFAsr G000/fa 7NEEE14F. F A'89 VO/S F '•✓/ '' a J r/I' , I . 1 fn j C I M r' I 4 ;r .. V u NJ NI .1 v is I. ° °t i y C 5 a "i 4 a C , ° I 4JRNNC7 I e 1 a " R4Rn'iNG a v �` N �.' 4R64 ., N i 0 II I[06t. 4 wJN l�rep I % C. .1 ('fir o°oo , a•, I ) V ,PTO Y 7 a , 3[OG C. '( t (+/MONDurFit FUDf to f, c k z Ii S P 1