HomeMy WebLinkAboutItem 05 Approval of Renewal of Short Term Lease Agreement With First Class Coach & Equipment, Inc
AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2005
Item # 5
Contact Name:
Contact Number:
Tonya Elliott
6003
Reviewed By:
Department Director:
City Manager:
~~
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Background Summary:
First Class Coach and Equipment, Inc. requested permission to store up to 50 buses on the city's Public Works
Complex located at 301 Maguire Road in a location designated by the city. City Commission on August 16, 2005,
approved a 3-month lease agreement, which would provide for insurance coverage and hold the City harmless from any
liabilities. The terms of the agreement are for a three-month period in the amount of $2,000 per month (total lease
period amount: $6000) and a maximum of 50 busses is allowable. First Class Coach & Equipment, Inc. is requesting
that the city enter into another agreement, for an additional three-month period.
Issue:
Should the city enter into another short-term lease agreement with First Class Coach & Equipment, Inc. for the storage
of buses at the City's Public Works complex?
Recommendations
Staff is requesting City Commission approve the new Short-Term Lease Agreement with First Class Coach &
Equipment, Inc for a total three-month lease amount of $6000.
Attachments:
Short-Term Lease Agreement for signature and execution, insurance certificate
Financial Impact:
Revenues from this transaction will be held in an account to be used as supplement for paving, drainage, and
landscaping improvements at 301 Maguire complex.
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deaf Use:
~ Consent Agenda
o Public Hearing
o Regular Agenda
rgJ Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
[8J N/A
o N/A
o N/A
Citv Managel~
Robert Frank
Commi~.sioner~
G1:1r..Y..HQQ..cl,J)istri~Ll
Scott...AncterE!QD...1 Distr!Qt 2
Rustv Johnson. District 3
Nancy ,l. Parker, District 4
Mi:1YQI
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STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Tonya Elliott, Assistant Director of Public Works
DATE:
November 17, 2005
RE:
Short Term Lease Agreement First Class Coach & Equipment, Inc.
ISSUE
Should the Honorable Mayor and City Commission enter into another short-term lease agreement with First
Class Coach & Equipment, Inc. for the storage of buses at the city's Public Works complex?
BACKGROUND/DISCUSSION
First Class Coach and Equipment, Inc. requested permission to store up to 50 buses on the city's Public Works
Complex located at 301 Maguire Road in a location designated by the city. City Commission on August 16,
2005, approved a 3-month lease agreement, which would provide for insurance coverage and hold the City
harmless from any liabilities. The terms of the agreement are for a three-month period in the amount of $2,000
per month (total lease period amount: $6000) and a maximum of 50 busses is allowable. First Class Coach &
Equipment, Inc. is requesting that the city enter into another agreement, for an additional three-month period.
As before revenues from this transaction will be held in a specific account to be used as supplement for paving,
drainage, and landscaping improvements at the new Public Works Facility located at 301 Maguire.
RECOMMENDATION
Staff is requesting City Commission approve the new Short-Term Lease Agreement with First Class Coach &
Equipment, Inc for a total three-month lease amount of $6000.
LEASE AGREEMENT
THIS AGREEMENT (this "Lease") is made and entered into this 6th day of December,
2005 by and between FIRST CLASS COACH & EQUIPMENT, INC., a Florida corporation,
whose address is 88 East Broad Street, Winter Garden, Florida 34787 (hereinafter referred to as
the "Lessee"), and the CITY OF OCOEE, a Florida municipal corporation, whose address is
150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Lessor").
WITNESSETH:
1. Premises. The Lessor, for and in consideration of the rents and agreements contained
herein, does lease and rent to Lessee, and said Lessee hereby agrees to lease and take
upon the terms and conditions which hereinafter appear, a parcel of land approximately
three (3) acres in size to be designated by Lessor at the City of Ocoee Public Works
Complex, located at 301 Maguire Road, Ocoee, Florida 34761 (the "Premises").
2. Term. The term of this Lease shall commence on December 7, 2005 and end on March 6,
2006.
3. Rent. Lessee agrees to pay to Lessor rent in the amount of $6,000, payable in three (3)
equal monthly installments of $2,000. Lessee will pay the first monthly payment
hereunder upon its execution of this Lease. Subsequent monthly payments shall be due
and payable on January 7,2006 and February 7,2006, respectively.
4. Fair Market Value. Pursuant to Section C-8.B.3 of the City of Ocoee Charter, the City
Commission of the City of Ocoee has determined that the rental payments contemplated
hereunder reflect the fair market rental value of the Premises for Lessee's purposes, as
contemplated herein.
5. Lessee's Use. Lessee shall use the Premises for the temporary parking and storage of up
to a maximum of fifty (50) busses and for no other purposes. Lessee agrees that it will
move no more than a total of six (6) busses to or from the Premises on any given day.
6. Lessee's Obligations. The Lessee shall pay the rent reserved herein, and will keep the
Premises and any improvements thereon in good order and repair, and in a clean, safe and
healthy condition at its own cost and expense.
7. No Improvements. Lessee will make no structural improvements or alterations to the
Premises without first obtaining the written consent of Lessor, which consent may be
withheld in Lessor's sole and absolute discretion.
8. Surrender. The Lessee will deliver up and surrender to the Lessor possession of the
Premises upon the expiration of this Lease or its termination in any way, in as good
condition and repair as the same shall be at the commencement of said term. The Lessee,
at its sole cost and expense, will restore any improvements on the Lessor's property that
are damaged by the Lessee incident to the transportation and storage of buses on the
Premises.
7/8/05
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9. Government Regulations. Lessee agrees at its own cost and expense, during the term of
this Lease, to comply with all orders, rules, regulations and requirements of every kind
and nature relating to the Premises, now or hereafter in force and effect, of the federal,
state, county, municipal or other governmental authorities, applicable to the manner of
Lessee's use and occupancy thereof, and the Lessee will pay all costs and expenses
incidental to such compliance and will indemnify and save harmless the Lessor free of
expense or damage by reason of any notice, violations or penalties filed against or
imposed upon the Premises, or against the Lessor as owner thereof, because of the failure
of the Lessee to comply with the provisions of this section. Should the Lessee fail to
comply with any of the provisions contained in this section, the Lessor may, after ten (10)
days notice to the Lessee, comply therewith, and the cost and expense of so doing may be
paid by the Lessor, or may be charged against the Lessee as additional rent, becoming
due upon demand. Lessee agrees to indemnify and save harmless the Lessor from and
against any and all judgments, decrees, penalties, cost and expenses, by reason of such
non-compliance.
10. Indemnification and Release.
The Lessee will, during the term of this Lease, indemnify the Lessor and
hold it harmless against all claims, demands, and judgments for loss, damage or injury to
property or person resulting or occurring by reason of the use and occupancy of the
Premises.
The Lessee hereby releases Lessor from any and all liability or
responsibility to the other or anyone claiming through or under it by way of subrogation
or otherwise for any loss or damage specifically insured against, or required by the terms
hereof to be insured against by Lessee, even if such loss or damage shall have been
caused by the fault or negligence of Lessor or anyone for whom such party may be
responsible.
11. Insurance.
Lessee agrees that, at its own cost and expense, it shall procure and
continue in force, in the names of the Lessor and Lessee, general liability insurance, in an
amount specified by the Lessor, against any and all claims for injuries to persons or
property occurring in, upon or about the Premises during the term of this Lease. Lessee
shall cause to be delivered to Lessor a certificate of insurance provided by the insurance
carrier evidencing such insurance and specifically naming the Lessor as an insured party.
Lessee agrees that, at its own cost and expense, it shall procure and
continue in force during the term of this Lease, Workers' Compensation Insurance for all
of its employees that will be perform and work related to the storage of buses on the
Lessor's property.
The policies of insurance provided herein are to be provided by the
Lessee, and should be for a period of not less than the term hereof.
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12. Lessor Entry. The Lessor may, during the term of this Lease, at reasonable times, enter
to inspect the Premises, or to make any alterations or repairs to the Premises that may be
necessary for its safety or preservation, and may show the Premises to others, and may
affix to any suitable part of said Premises a notice for letting or selling the Premises or
building and cause the said notice to remain affixed without hindrance or molestation.
13. Compliance. Should the Lessee fail to comply with any of the terms, covenants and
conditions contained in the within Lease on the part of the Lessee to be kept and
performed, the Lessor may, after fifteen (5) days written notice to the Lessee, comply
therewith for the other (but Lessor shall not be obligated so to do), and the cost of such
compliance shall be payable upon five (5) days demand to the Lessor.
14. Notices. Unless a notice of change of address is given, any and all notices shall be
delivered to the parties at the following addresses:
LESSOR
City ofOcoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
LESSEE
First Class Coach & Equipment, Inc.
88 East Broad Street
Winter Garden, FL 34787
Attention:
15. Binding on Successors. Lessor and Lessee agree that the respective rights and
obligations hereunder shall inure to, and be binding upon, the respective heirs,
distributees, devisees, legal and personal representatives, permitted assigns, grantees and
successors in interest of Lessor and Lessee.
16. Entire Agreement. This Lease embodies the entire contract of the parties hereto, and
shall not be altered, changed or modified in any respect, except by an instrument of equal
dignity to this instrument.
17. Governing Law. This Lease is to be governed by Florida law.
18. Captions. Any headings preceding the text of the several paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of
this Lease, nor shall they affect its meaning, construction, or effect.
19. Force Majeure. Lessor and Lessee shall be excused for the period of any delay in the
performance of any obligations hereunder when prevented from so doing by cause or
causes beyond Lessor's or Lessee's control which shall include, without limitation, all
labor disputes, civil commotion, war, war-like operations, invasions, rebellion, hostilities,
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military or usurped power, sabotage, governmental regulations or controls, fire or other
casualty, inability to obtain any material, services or financing or through acts of God.
20. No Continuing Waiver. No waiver of any default hereunder shall be implied from any
omission by either party to take any action on account of such default if such default
persists or is repeated, and no express waiver shall affect any default other than the
default specified in the express waiver, . and then only for the time and to the extent
therein stated. No delay or omission by either party hereto to exercise any right or power
accruing upon any noncompliance or default by the other party with respect to any of the
terms hereof, or otherwise accruing hereunder, shall impair any such right or power or be
construed to be a waiver thereof. One or more waivers of any breach of any covenant,
term or condition of this lease shall not be construed as a waiver of any subsequent
breach of the same covenant, term or condition. The consent or approval by a party to
any act by the other party requiring the former party's consent or approval shall be
deemed to waive or render unnecessary such former party's consent or approval to any
subsequent similar acts by the other party.
21. Invalid Provision. If anyone or more of the provisions contained in this Lease shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Lease
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
22. Hazardous Waste. Lessee covenants and agrees to comply with all applicable
environmental and other federal, state and local governmental statutes, ordinances, rules
and regulations relating to the presence of hazardous substances, hazardous wastes,
pollutants or contaminants. Lessee agrees and does hereby indemnify Lessor and hold it
harmless from any loss, damage, or expense, including reasonable attorney's fees and
costs and expenses of any appeal, which Lessor may incur or suffer by reason of any
claim or liability arising from Lessee's noncompliance with applicable laws and the terms
of this paragraph. Lessee specifically covenants and agrees that no hazardous substances,
hazardous waste or waste by-products, pollutants or contaminants, shall be dumped in
any trash receptacle, or otherwise, in, on, or about the Premises. These covenants and
indemnities shall survive the termination of this Lease.
23. Claims Against Third Parties. Nothing in this Agreement shall be construed to prevent
the Lessee from seeking indemnification or from bringing any claim against any entity
other than the Lessor related to the storage and transportation of the buses as
contemplated by this Lease.
24. Further Assurances. The parties agree that at any time following a request therefore by
another party, each shall execute and deliver to the other party such further documents
and instruments, in form and substance reasonably necessary to confirm and/or effectuate
the obligations of each of the parties hereunder.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed
through their duly authorized signatories on the day and year first written above.
CITY OF OCOEE, FLORIDA,
a Florida municipal corporation
ATTEST:
Beth Eikenberry, City Clerk
By:
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2005
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
Signed, sealed and delivered in
the presence of:
FIRST CLASS COACH &
EQUIPMENT, INC.,
a Florida corporation
Print Name:
BY:
Name:
Print Name:
Title:
(CORPORATE SEAL)
5
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift
and Beth Eikenberry, well known to me to be the Mayor and City Clerk, respectively, ofthe
CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged
executing the same in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this 6th day
of December, 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on sea!):
My Commission Expires (if not legible on sea!):
)
)
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgements, personally appeared
, well known to me to be the , of the FIRST
CLASS COACH & EQUIPMENT, INC. and that he acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in him
by said corporation, and who D is personally known to me, or who D produced
as identification, and who acknowledged
that he executed the foregoing instrument freely and voluntarily for the uses and purposes
expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of December, 2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):_
6
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038230
VENDOR: 2 655
OUR CUSTOMER #:
CITY OF OCOEE
CHECK: 0 0 03 82 3 0
INVOICE NO.
INVOICE DATE
INVOICE AMOUNT
DISCOUNT TAKEN
AMOUNT PAID
11/17/-12/ 11-09-05
16/05
2,000.00
0.00
2,000.00 RENTAL FROM 11/17/05 TO
12/16/05
\\ \ \()
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Totals
2,000.00
0.00
2,000.00
--
00038230 11-09-05
DATE
~
CK AMOUNT
$2,000.00
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AUTHORIZED SIGNJITURE
~~~O~~22".
Henry, Judy
From:
Sent:
To:
Cc:
Subject:
Henry, Judy
Wednesday, November 09, 2005 2:22 PM
'scott@1stclasscoach.com'
'susan@1stclasscoach.com'; Zaitooni, Robert
Extentin of Lease Agreement
Thank you for your letter dated November 9, 2005. We will petition City Commission at their meeting December 6th for an
extension to your current agreement (which expires November 16, 2005) for a period not to exceed three (3) months. As
soon as we have their approval we will forward the paperwork to your office.
Your check #038230, will be applied as payment for the period November 17, 200t through December 16, 2005.
Thank you.
1
sz-~ -tf~ -tfoad & ~~ J?Wo
Your Authorized Dealer for:
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p
9 November, 2005
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Attn: City Manager
Sir/Madam,
First Class Coach & Equipment, Inc. requests an extension of the term on the approximately three
(3) acre parcel ofland leased from the City ofOcoee, Public Works Complex located at 301 Maguire
Road, Ocoee, FL 34761.
Lease Agreement dated 16 August, 2005, specifies the term of the Lease shall commence on 17
August, 2005 and end on 16 November, 2005. First Class Coach & Equipment, Inc. requests the
term of the lease be extended approximately two (2) additional months commencing 17 November,
2005 through 16 January, 2006.
Enclosed please find check #38230 in the amount of $2,000. as payment fori 7 November, 2005
through 16 December, 2005; with an additional check to be mailed to the above address in the
amount of $2,000. as payment for 17 December, 2005 through 16 January, 2006.
First Class Coach & Equipment, Inc. is consistently reducing the number of school and commercial
buses parked on the aforementioned property and anticipates the necessity for the lease of the space
for only approximately an additional two (2) months.
Your consideration of this request is most appreciated.
f=~lY:i::&/
Scott T. Fewell
CEO
88 East Broad Street Winter Garden, FL 34787 PH 800.330.1175 FAX 407.656.9242
SR Sort Term Lease
Page 1 of2
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AGENDA ITEM COVER SHEET
Meeting Date: August 16, 2005
Item #
Contact Name:
Contact Number:
Bob Zaitooni
6002
Reviewed By:
Department Director:
City Manager:
Subject: Short-Term leasing of land Space at 301 Maguire Road
Background Summary:
First Class Coach & Equipment, Inc., a distributor of Thomas Build Buses, have requested leasing of the a 3-acre
portion of the Public Works property at 301 Maguire Road for a 3-month period in exchange for a rental fee of
$2,000.00 per month and providing insurance coverage and holding the City harmless from any liabilities. It is
intended the approximately 50 buses to be stored on the property prior to distribution with a maximum 6 daily tril
There are no facility preparation anticipated or impact on property other than minor grading after the termination
lease. City has permitted other entities use of this property in the past and this action is consistent with prior prac
Issue:
Consider request by First Class Coach & Equipment, Inc. for short-term lease of the space at 301 Maguire Road.
Recommendations
City Commission to consider and approve the request by First Class Coach & Equipment, Inc.
Attachments:
Agreement and Insurance Certificate.
Financial Impact:
Revenues from this transaction will be held in an account to be used as supplement for paving, drainaE
landscaping improvements at 301 Maguire complex.
Type of Item:
Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'s Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
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SR Sort Term Lease
- - -
Page 2 of2
Mayor
S. Scott Vandergrift
~
Commissioners
Dan lV Howell District 1
Scott A derson District 2
Rust, Johnson District 3
Nar cy J. Parker, District 4
City Manager
Robert Frank
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Bob Zaitooni, Director of Public Works
DATE:
August 5, 2005
RE:
Request for Short-Term Lease of Property at 301 Maguire Road (Public Works
Complex)
ISSUE
Should the Honorable Mayor and City Commission approve short-term lease of approximately 3 acres
of Public Works complex at 301 Maguire for use by First Class Coach & Equipment, Inc. in exchange
for a fee of $2,000.00 per month?
BACKGROUNDIDISCUSSION
First Class Coach & Equipment, Inc., distributor of Thomas Build Buses, have requested leasing of
approximately 3-acre portion of the Public Works property at 301 Maguire Road for a 3-month period
for storage of buses prior to delivery. In exchange for use of the space, First Class Coach & Equipment,
Inc. will pay a rental fee of $2,000.00 per month (a total of $6,000 for the lease period) and will provide
(1) insurance coverage, and (2) holding the City harmless from any liabilities.
It is intended the approximately 50 buses to be stored on the property prior to distribution with
maximum 6 daily trips. No facility preparation prior to the lease or repairs after the termination of the
lease (other than minor grading) are anticipated. City has permitted other private companies use of the
land in the past and this action is consistent with prior practice.
Staff recommends that the revenues from this transaction to be held in a specific account to be used as
supplement for paving, drainage, and landscaping improvements at 301 Maguire complex.
RECOMMENDATION
Staff respectfully requests that the Honorable Mayor and City Commission to (1) approve the short-term
lease with First Class Coach & Equipment and authorize the Mayor and City Clerk to execute the
Agreement, and (2) authorize revenue from lease to be held in an account to be used for improvements
at Public Works complex at 301 Maguire Road.
httn'//U1U1Ul {'; (\{'(\PP f1nclT po;cl<:lt;'up!h(\<:lrrlc/r(\mm;cc;"nf A o",nrl",,,f A n",nrl",r'r'')()(),()Q1 hIll 11 ()/'1()(),
City Commission Regular Meeting
August 16, 2005
apron should exist on the sides to allow for drainage. How do we enforce this? City
Attorney Rosenthal said one possible way to "grandfather" older areas in, would be to tie
the restrictions to the date that the homes were built.
Consensus of the Commission was to have staff research this further. and to see
what restrictions occur in other Cities.
7. Garage Conversions to Living Space
Consensus of the Commission to allow conversions from aaraae to Iivina space. as
lona as a total of two parkina spaces exist for the property.
8. Fences in Front and Side Yards
Community Development Director Wagner said currently the Code allows a four-foot
opaque fence to run along the front of the property, which blocks the view of neighbors
trying to back out of their driveway.
Consensus of the Commission was to direct staff to meet with Commissioners
individuallv to discuss this item in areater detail.
Discussion followed regarding a legal review of the Board of Adjustment, resident's cost of
application for a variance, and bringing this back on a future agenda as a fee adjustment
discussion, which would then be made a resolution.
Recommended changes on all issues will be brought back at a later date, in the form of an
ordinance, and will be subject to two readings, and one public hearing.
Commissioner Parker left the meeting at 9:35 p.m.
16. Approval for Assignment of Contract, RFP# 03-001, Residential Collection. (Public
Works Director Zaitooni)
Waste Services of Florida, Inc. (WSI) has requested assignment of the Residential Collection Contract to Waste
Pro (another hauler) per Section 16 (A) of the Contract RFP#03-00l, which only allows assignment of the
Contract with the expressed written approval of the City. Staff has reviewed the request and has formulated the
City's options in response to the request.
City Manager Frank said this item would be pulled until a later date at the request of Waste
Services of Florida, Inc.
17. Approval of Short-Term Leasing of Land Space at 301 Maguire Road. (Public Works
Zaitooni) This item was heard before Items 15 & 16.
First Class Coach & Equipment, Inc., a distributor of Thomas Build Buses, have requested leasing of the 3-acre
portion of the Public Works property at 301 Maguire Road for a 3-month period in exchange for a rental fee of
$2,000.00 per month and providing insurance coverage and holding the City harmless from any liabilities. It is
intended that approximately 50 buses be stored on the property prior to distribution with a maximum of 6 daily
trips. There are no facility preparations anticipated or impact on property other than minor grading after the
termination of the lease. City has permitted other entities use of this property in the past and this action is
consistent with prior practice.
City Engineer Wheeler introduced the item and explained the terms of the lease.
Page 6 of 8