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HomeMy WebLinkAboutItem 04 Approval of Ocoee Christian Church Parking Lease Agreement City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: July 16, 2024 Item #: 4 Contact Name: Brett McFarlane Department Director: Michael Rumer Contact Number: Ext. 7145 City Manager: Robert Frank Subject: Approval of Ocoee Christian Church Parking Lease Agreement. (Concurrency & Commitment Coordinator McFarlane) 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. At the December 5, 2023, City Commission meeting, the Commission approved a parking lease agreement for 137 W. McKey Street with VMG Construction, Inc. This has alleviated some of the issues with parking in the downtown. However, downtown parking is still needed, particularly during community events. The Ocoee Christian Church Inc. has voluntarily offered a portion of their property at 15 S. Bluford Avenue as a location for temporary parking in the downtown. Attached for City Commission approval is a lease for temporary parking. Staff is proposing a two (2) year lease with up to two (2) one-year extensions. The lease will stipulate the following: i) 18,000 square feet of parking and drive aisles, ii) a yearly rent payment of $2,500.00 for the term of the lease, iii) 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, iv) Tenant shall maintain and repair at Tenant’s own expense any and all damages caused to the Premises, and v) Landlord agrees to release, defend, indemnify and hold harmless the Tenant against all lawsuits and claims for liability arising out of this agreement. Currently, the space primarily consists of unimproved surfaces except for a 2,600-square-foot concrete pad and a 2,200-square-foot paved area. There is sufficient access from S. Bluford Avenue. The City does not intend to improve the parking area beyond adding signage to identify it 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 a portion of 15 S. Bluford Avenue owned by the Ocoee Christian Church 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 a portion of 15 S. Bluford Avenue owned by the Ocoee Christian Church Inc. as a temporary public parking lot. Page 30 of 240 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Attachments: 1. Ocoee Christian Church Parking Lease Agreement 2. Ocoee Christian Church Parking Sign Financial Impacts: $2,500.00 from account 001-515-00-3128 Type of Item: Consent Page 31 of 240 PARKING LEASE AGREEMENT 1. PARTIES. This Parking Lease Agreement ("Lease") dated ____________, 2024 between OCOEE CHRISTIAN CHURCH, INC., a Florida Not For Profit Corporation ("Landlord") and the City of Ocoee, a Florida municipal corporation ("Tenant") (collectively, the "Parties"). 2. PREMISES. Landlord leases to Tenant those premises situated at 15 S Bluford Ave Ocoee FL 34761 containing approximately 18,000 square feet of parking spaces and drive aisles 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 two (2) 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 $209.00 per month. Rental payments shall be made monthly, being due and payable on or before the 1st day of the month unless otherwise specified. 5. USE. 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. Page 32 of 240 5.4 SOVEREIGN 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. This includes laying asphalt, tire stops, and painting or otherwise designating parking spaces and drive aisles lines as necessary. 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. NOTIFICATION OF SPECIAL EVENTS ON PREMISES. Landlord shall notify the Tenant at least ninety (90) days in advance of any special events outside the typical operating schedule for the site. 8. 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. Page 33 of 240 9. TAXES; PAYMENT BY LANDLORD. Landlord shall pay to the appropriate governmental body all real property taxes and assessments. 10. 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). 11. DEFAULTS; REMEDIES. 11.1 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. 11.2 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. 11.3 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 11.1 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. 12. 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. 13. GENERAL PROVISIONS. 13.1 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 (i) 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), Page 34 of 240 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. 13.2 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. 13.3 TIME OF ESSENCE. Time is of the essence. 13.4 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. 13.5 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. 13.6 BINDING EFFECT. Subject to any provisions restricting assignment or subletting, this Lease shall bind the Parties, their personal representatives, successors and assigns. 13.7 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. 13.8 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. 13.9 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. 13.10 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. 13.11 SIGNS. Tenant may place its signs upon the Premises. Page 35 of 240 14. 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. 15. ADDRESSES, NOTICES. The initial addresses of the parties are: LANDLORD: _____________________________ _____________________________ _____________________________ COPY TO: ____________________________ ____________________________ ____________________________ 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 Page 36 of 240 16. 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. 17. 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. 18. 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] Page 37 of 240 LANDLORD: TENANT: Ocoee Christian Church, Inc. By: _________________________________ City of Ocoee, Florida SEE ATTACHED SIGNATURE PAGE Title: ________________________________ Date:________________________________ Page 38 of 240 CITY OF OCOEE SIGNATURE PAGE CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON _____________________ ______, 20___ UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of ________________, 20__. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney Page 39 of 240 Floral St S Bluford AveMagnolia St Sills Aly I 0 30 6015Feet EXHIBIT “A” DESCRIPTION OF PREMISES Page 40 of 240 SPONSORED BY Page 41 of 240