HomeMy WebLinkAboutItem 11 Approval of Temporary Parking Lease Agreement for 137 W. McKey Street with VMG Construction, Inc.Meeting Date: December 5, 2023
Item #: 11
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Background Summary:
During the City Commission's Downtown Development Workshop held on July 18, 2023, the Commission
discussed the lack of parking in the downtown and instructed staff to look into temporary parking solutions.
VMG Construction Inc. has voluntarily offered their property located on McKey St. as a location for temporary
parking in the downtown. Attached for City Commission approval is a Lease for Temporary Parking. Staff is
proposing a three (3) year lease with up to two (2) one-year extensions. The lease will also stipulate the
following: i) a yearly lease rate equal to the estimated or assessed property taxes (for 2023 the cost is
$3,358.00), ii) Tenant at its sole expense may make such alterations or additions to the premises as the
Tenant considers necessary in order to conduct the use as parking and includes: laying asphalt, tire stops,
and painting or otherwise designating parking spaces and drive aisles lines as necessary, iii) Tenant shall
maintain and repair at Tenant's own expense any and all damages caused to the Premises, iv) Landlord
agrees to release, defend, indemnify and hold harmless the Tenant against all lawsuits and claims for liability
arising out of this agreement, and v) Tenant may place its signs upon the Premises.
The City will provide an engineered site plan for a multiphase approach to making the parking improvements.
Due to the parking needs for the upcoming City of Ocoee Jolly Jamboree on December 9th, the initial parking
improvements will be an asphalt entrance off of McKey St., the addition of mulch to show the intended parking
spaces, and signage to identify the area as free public parking.
Issue:
Should the Honorable Mayor and City Commissioners approve a Temporary Parking Lease drafted by the City
Attorney for the use of 137 W. McKey St. owned by VMG Construction, Inc. as a temporary public parking lot?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve a Temporary Parking Lease for the
use of 137 W. McKey St. owned by VMG Construction, Inc. as a temporary public parking lot.
Attachments:
1. Parking Area License Agreement
2. Location Map for 137 W McKey Street Parking Lease
3. Temporary Parking Sign
City of • •e- a • Avenue - • t__ Florida 34761
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Financial Impacts:
An annual Payment to VMG Construction, Inc. equal to the cumulative amount of property taxes assessed for
the two (2) properties (2023 assessed taxes are $3,358.00).
Type of Item: Consent
City • Ocoee - 1 N. Bluford Avenue - Ocoee, •. 34761
Phone: (407) 905-3100 - www.ocoee.org
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PARKING LEASE AGREEMENT
1. PARTIES. This Parking Lease Agreement ("Lease") dated , 202_
between , a company ("Landlord" and the
City of Ocoee, a Florida municipal corporation ("Tenant") (collectively, the "Parties").
2. PREMISES. Landlord leases to Tenant those premises situated at
containing approximately square feet of parking spaces and drive aisles, a site containing
approximately parking lot spaces, in the City of Ocoee, Florida, County of Orange,
State of Florida, and more particularly described in Exhibit "A" (the "Premises") attached hereto
and incorporated herein by this reference. Landlord represents and warrants to Tenant that it has all
power and authority to enter into this Lease and is the fee owner of the Premises.
3. TERM. This Lease shall commence on the date when the last of the Parties herein executes
and shall continue for a period of three (3) years unless Tenant gives notice, at least thirty (30)
days prior to the end of the lease term, of its intent to extend the lease for an additional two years.
If Tenant desires to terminate the lease before the end of the lease term, Tenant must provide
written notice to Landlord at least thirty (30) days in advance of said termination.
4. RENT. Tenant agrees to pay the Landlord rent in the sum of
Rental payments shall be made monthly, being due and payable on or before the
the month, unless otherwise specified.
6. 11W
per month.
day of
5.1 USE OF PREMISES. Tenants shall use the Premises to provide parking spaces and
drive aisles for use of the public. Landlord warrants the present and future fitness and legality for this
purpose.
5.2 COMPLIANCE. Tenant shall comply with all governmental laws, ordinances and
regulations applicable to the use of the Premises and its occupancy thereof, and shall promptly comply
with all governmental orders and directives connected with Tenant's use of the Premises. Any
improvements required to be made to the Premises as a result of any governmental order, directive,
or ordinance applicable to the Landlord's ownership of the Premises shall be made at Landlord's sole
cost and expense. Any improvements required to be made to the Premises due strictly to Tenant's
use and occupancy of the Premises for public parking and the manner in which Tenant conducts its
business from the Premises shall be made at Tenant's sole cost and expense.
5.3 PERMITS. Tenant will be responsible for securing any permits which may be
required in order to perform the use specified in Section 5.1. In the event a required permit is not
secured by the commencement date of this Lease, the Lease shall be unenforceable, thereby releasing
Tenant from any and all responsibility under the Lease, including (but not limited to) its obligation to
occupy the property and pay rent.
5.4 SITE PLAN. Tenant shall process a Site Plan with the City of Ocoee reflecting the
intended use of the Premises as a public parking lot.
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5.5 SOVEREIGNS IMMUNITY. The City expressly retains all rights, benefits and
immunities of sovereign immunity in accordance with § 768.28, Florida Statutes. Regardless of
anything set forth in any part or section of this Agreement to the contrary, nothing in this Agreement
may be deemed to be a waiver of immunity or the limits of liability of the City beyond any statutorily
limited waiver of immunity or limits of liability that may have been or may be adopted by the Florida
Legislature, and the cap on the amount and liability of the City for damages, regardless of the number
or nature of claims in tort, equity, or contract, may not exceed the dollar amount set by the legislature
for tort. Nothing in this agreement may inure to the benefit of any third party for the purpose of
allowing any claim against the City, which claim would otherwise be barred under the doctrine of
sovereign immunity or by operation of law.
6. MAINTENANCE, REPAIRS AND ALTERATIONS.
6.1 TENANT'S OBLIGATIONS. Tenant shall maintain in good condition, order and
repair at Tenant's expense, the Premises and shall return the Premises in good condition, ordinary
wear and tear accepted, within twenty (20) days of the termination of the Lease.
6.2 ALTERATIONS AND ADDITIONS. Tenant at its sole expense may make such
alterations or additions to the Premises as Tenant considers necessary in order to conduct the use set
forth in Article 5.
6.3 TENANT DAMAGE. Tenant shall maintain and repair at Tenant's own expense any
and all damages caused to the Premises by the acts or omissions of Tenant, its servants, agents,
employees, invitees, excepting ordinary wear and tear and damage by fire or other casualty.
6.4 LANDLORD AND TENANT RIGHTS. If either party fails to perform its obligations
under Article 6, the aggrieved party may at its option, after thirty (30) days' notice to the other party,
put the Premises in good order, condition and repair, and the defaulting party shall pay the cost thereof
following receipt of an invoice.
6.5 PREMISES CONDITION. Landlord shall deliver the Premises to Tenant clean and
free of debris on the commencement date. If a non-compliance with this warranty exists as of the
commencement date, Landlord shall, except as otherwise provided in this Lease, promptly after
receipt of written notice from Tenant setting forth the nature and extent of such non-compliance,
rectify same at Landlord's expense.
7. HOLD HARMLESS. Landlord agrees to release, defend, indemnify and hold harmless
the Tenant against all lawsuits and claims for liability arising out of this agreement which results
from the negligence of the Landlord, its officers, agents, employees, servants, or representatives.
F
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8. TAXES; PAYMENT BY LANDLORD. Landlord shall pay to the appropriate
governmental body all real property taxes and assessments.
9. INSURANCE. Landlord shall maintain commercial property insurance coverage on the
Property and shall maintain liability and other insurance in such amounts as may be required by
Landlord's mortgagee(s), or in such amounts as Landlord, in its sole discretion, may deem
appropriate. All such insurance shall be for the sole benefit of Landlord and, if required, Landlord's
mortgagee(s).
10. DEFAULTS; REMEDIES.
10.1 TENANT'S DEFAULT. Failure by Tenant to observe or perform any of the
covenants, conditions or provisions of this Lease, other than the making of any payment, where such
failure shall continue for a period of thirty (30) days after written notice from Landlord shall constitute
a material default and breach of this Lease by Tenant. Tenant shall not be in default if Tenant
commences performance within 30 days of Landlord's notice and thereafter completes Tenant's
performance within a reasonable time.
10.2 LANDLORD'S DEFAULT. If Landlord shall fail to perform any duty or obligation
imposed upon it by this Lease and such default shall continue for a period of thirty (30) days after
written notice has been given by Tenant, then and in such event Tenant may, at its option, 1) cure
such default at its own expense and Landlord shall reimburse Tenant for such expense within 10
business days of Tenant's written request, or 2) terminate this Lease without prejudice to its right to
recover appropriate damages from Landlord. Upon termination of this Lease pursuant to this
provision, all obligations of Tenant arising under this Lease, including payment of rent, shall cease.
10.3 REMEDIES. In the event of any such material default or breach that is not cured
within 30 days of Landlord's notice as set forth in Section 10.1 above, Landlord may at any time,
with notice or demand and without waiving or limiting any other right or remedy, terminate this Lease,
in which event Tenant agrees to immediately surrender possession of said Premises.
11. CONDEMNATION. If all or any part of the Premises are taken under power of eminent
domain, or sold under the threat of the exercise of said power, this Lease shall terminate as to the part
so taken as of the date the condemning authority takes possession. If a partial taking or sale, in
Tenant's judgment, substantially impairs the value of the Premises for Tenant's use as a public
parking lot, Tenant may, by written notice within thirty (30) days after notice of such planned taking
(or absent such notice, within ten (10) days after the condemning authority takes possession),
terminate this Lease.
12. GENERAL PROVISIONS.
12.1 ESTOPPEL CERTIFICATE. Either party shall on ten (10) or more days' written
notice from the other party execute, acknowledge and deliver to the other party a statement in writing
(1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the
nature of such modification and certifying that this Lease, as so modified, is in full force and effect),
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and (ii) acknowledging that there are not, to such Party's knowledge, any uncured defaults on the part
of the other party hereunder, or specifying such defaults if any are claimed.
1.2.2 LANDLORD'S LIABILITY. The term "Landlord" means only the owner or owners
at the time in question of the fee title of the Premises; Landlord and its successors shall be liable only
for obligations arising during their respective periods of fee ownership or tenancy under a ground
lease.
12.3 TIME OF ESSENCE. Time is of the essence.
12.4 PRIOR AGREEMENTS, AMENDMENTS. This Lease contains all agreements of
the parties with respect to any matter mentioned, and may be modified only by a writing signed by
the Parties in interest at the time of the modification.
12.5 WAIVERS. Waiver by Landlord of any provision shall not waive any other provision
or any subsequent breach of the same or any other provision. Landlord's consent to or approval of
any act shall not render unnecessary the obtaining of Landlord's consent to or approval of any
subsequent act.
12.6 BINDING EFFECT. Subject to any provisions restricting assignment or subletting,
this Lease shall bind the Parties, their personal representatives, successors and assigns.
12.7.1 APPLICABLE LAW. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida. Venue of any litigation or administrative
proceeding shall be exclusively in Orange County, Florida.
12.8 CAPTIONS. The captions for each section of this Lease are for convenience and
reference only and in no way define, describe, extend, or limit the scope or intent of this Lease, or
the intent of any provision hereof.
12.9 SEVERABILITY. Whenever possible, each provision of this Lease shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any provision
of this Lease shall be prohibited by or held invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provision of this Lease.
12.10 NO THIRD -PARTY BENEFICIARIES. It is the intent and understanding of
Tenant and Landlord that this Lease is solely between them and for their benefit and, accordingly,
no party other than Tenant and Landlord shall have any rights or privileges under this Lease either
as third party beneficiaries or otherwise.
12.11 SIGNS. Tenant may place its signs upon the Premises.
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13. QUIET ENJOYMENT. Upon the Tenant's payment of the rents herein provided, the Tenant
shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without
hindrance or interruption by the Landlord or any other person or persons lawfully or equitably
claiming by, through or under the Landlord. Tenant's covenants, are given in exchange for, and their
performance is dependent upon quiet enjoyment of the Premises and the performance of Landlord's
duties under this Lease. Without limiting the foregoing, on failure of Landlord to perform any duty,
including the duty to make repairs, pay taxes, assessments and charges, and meet other obligations
imposed by law or this Lease, Tenant's remedies shall include the right to make the repairs, pay the
taxes, assessments or charges, or meet the obligations, and charge Landlord for the costs thereof,
provided Tenant shall allow Landlord a reasonable time after written notice to commence and
complete performance of such duties except where Tenant has reason to believe its own property or
interests are in imminent danger of damage or prejudice.
14. ADDRESSES, NOTICES. The initial addresses of the parties are:
LANDLORD:
[Cela' IC��i
TENANT: City of Ocoee, Florida
1 North Bluford Avenue
Ocoee, Florida 34761
Attn.: City Manager
COPY TO: Richard S. Geller,
City Attorney for the City of Ocoee
Fishback Dominick
1947 Lee Road
Winter Park, FL 32798
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15. NOTICES. Each party will notify the other promptly of any change in address. Any notices
required or permitted shall be in writing and served or by certified mail addressed to the most recent
address of the party being served.
16. COMPLIANCE WITH LAWS. Notwithstanding anything contained herein to the
contrary, Tenant shall have absolutely no responsibility, cost or expense whatsoever for any
condition which existed prior to Tenant's occupancy of the Premises which is or was in
noncompliance, breach or violation of any and all laws. Further, Landlord warrants, in the event
that it prepares the Premises for Tenant's use, that upon Commencement of the Term, the Premises
shall comply with all local, municipal and governmental laws, ordinances, codes, rules and
regulations, including ADA, which govern the Premises.
17. SURVIVAL. The obligations of Landlord and Tenant under this Lease arising by reason of
any occurrence taking place during the term of this Lease shall survive the termination or
expiration of this Lease.
[SIGNATURES TO FOLLOW]
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LANDLORD:
By:
Title:
Date:
TENANT:
City of Ocoee, Florida
Mm
Title:
Date:
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EXHIBIT "A"
DESCRIPTION OF PREMISES
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