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HomeMy WebLinkAboutItem #03 Approval of the Renewal of the Renal Lease Agreement for Station 38 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 3, 2015 Item # Reviewed By: Contact Name: Tim Hoover, Interim Fire Department Director: - Chief Contact Number: 407 - 905 -3140 Cit y Manager: l / A Subject: Approval of the renewal of the rental lease agreement for Station 38 . Commission District #1 - John Grogan Background Summary: Station 38 is currently housed in a store front location next to Publix on West Road. The Fire Department entered into a 3 -year rental lease agreement that began on May 7, 2012 and will end on May 7, 2015. The Fire Department is seeking the approval of the Commission to renew this lease agreement for 2 years beginning May 7, 2015 and ending on May 7, 2017. Issue: The issue is the current rental lease agreement will be ending on May 7, 2015. In order to remain in this space, the Fire Department will need to renew our rental lease agreement. Recommendations Staff recommends the approval of the 2 - year lease rental agreement being presented. Attachments: Attached is the first amendment to lease. Financial Impact: The financial impact of the rental lease agreement are as follows: First four months are adequately funded in current year budget. 1 year of the agreement is $12.00 per square foot equaling $1440.00 per month. 2 year of the agreement is $14.00 per square foot equaling $1680.00 per month. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 FIRST AMENDMENT TO LEASE This First Amendment to Lease (this ``First Amendment ") is entered into this day of March, 2015 by and between OCOE, LLC. a Florida limited liability company (the "Landlord "), and CITY OF OCOEE, Florida a municipal corporation organized and existing under the laws of the State of Florida, (the "Tenant "). WITNESSETH: WHEREAS, Landlord and Tenant entered into that certain Lease dated May 7, 2012 (the "Lease "), for approximately 1,440 square feet (the "Premises ") of space located in the Fountains West Shopping Center in Ocoee, Florida, as more particularly described in the Lease; WHEREAS, Landlord and Tenant desire to amend, modify and alter the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, intending to be legally bound hereby, Landlord and Tenant agree as follows: 1. The above - stated recitals are hereby incorporated into the terms and provisions of this First Amendment. 2. Term: Landlord and Tenant agree to a "Renewal Term" of two (2) years, which shall commence on May 8, 2015 and terminate on May 7, 2017, which Renewal Term shall be deemed part of the term of the Lease. Tenant acknowledges and agrees that it shall have no further right to extend the term of the Lease following this Renewal Term. 3. During the Renewal Term, the Fixed Rent (as currently delineated in the Basic Provisions Section (c) and Section 2.01) shall increase and shall instead be as follows: May 8, 2015 — October 7, 2015 $10.00 per square foot $1,200.00 Monthly October 8, 2015 - May 7, 2016 $12.00 per square foot $1,440.00 Monthly May 8, 2016 - May 7, 2017 $14.00 per square foot $1,680.00 Monthly Landlord acknowledges that as a result of Tenant being a municipality no sales tax is collected on rent. 4. All other terms and conditions of the Lease, except as heretofore amended, shall remain unmodified and in full force and effect. 5. The terms and provisions of this First Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 6. The parties executing this First Amendment represent and warrant that each has full authority to act on behalf of and bind each respective party to this First Amendment. 2468660 -1 11431 0010901 7. All capitalized terms and words of art which are used but not defined herein shall have the same respective meaning designated for such terms and words of art in the Lease. 8. In the event of any conflict between the provisions of this First Amendment and the provisions of the Lease, the provisions of this First Amendment shall prevail. 9. This First Amendment may be signed in multiple counterparts by the various parties. Each and every counterpart of this First Amendment shall be considered an original document. The parties recognize that a facsimile or pdf signature upon a facsimile or pdf copy of this First Amendment shall be considered effective and binding, notwithstanding any language to the contrary contained in the Lease. IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective as of the date first written above. WITNESSES: LANDLORD: OCOE, LLC, a Florida limited liability company By: Halvorsen Holdings, LLC, a Florida limited Liability company, as its Managing Member By: HH Manager, Inc., a Florida Corporation, As its Managing Member By: Print Name: Name: Jeffery T. Halvorsen Its: President Print Name: APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry. City Clerk S. Scott Vandergrift, Mayor DATE: (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 , 20 , on this day of _ , ?Cl . UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN & WILSON P.A. By: Scott Cookson, City Attorney 2468660 -1 11431 0010901 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: March 3, 2015 Item # 3 Reviewed By: Contact Name: Tim Hoover, Interim Fire Department Director: Chief !. „ ..1� Contact Number: 407 - 905 -3140 City Manager: 1Zt 7- -- Subject: Approval of the renewal of the rental lease agreement for Station 38 . Background Summary: Station 38 is currently housed in a store front location next to Publix on West Road. The Fire Department entered into a 3 -year rental lease agreement that began on May 7, 2012 and will end on May 7, 2015. The Fire Department is seeking the approval of the Commission to renew this lease agreement for 2 years beginning May 7, 2015 and ending on May 7, 2017. Issue: The issue is the current rental lease agreement will be ending on May 7, 2015. In order to remain in this space, the Fire Department will need to renew our rental lease agreement. Recommendations Staff recommends the approval of the 2 -year lease rental agreement being presented. Attachments: Attached is the first amendment to lease. Financial Impact: The financial impact of the rental lease agreement are as follows: First four months are adequately funded in current year budget. 1 year of the agreement is $12.00 per square foot equaling $1440.00 per month. 2 year of the agreement is $14.00 per square foot equaling $1680.00 per month.