Item #13 Approval of Fountains West Lease Agreement She center ofGood Li
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AGENDA ITEM COVER SHEET
Meeting Date: December 7, 2010
Item # J 3
Reviewed By:
ea Contact Name: C. Brown Department Director: Chad Brown
Contact Number: X 3021 City Manager: Rob Frank 7
Subject: Approval of Fountains West Lease Agreement
Background Summary:
Fountains West Shopping Center (located at Ocoee Apopka Road and West Road) wishes to offer retail space to
the Ocoee Police Department for its officers to use as a non - staffed substation at the cost of $120 per year, plus
the actual cost of utilities. This 1440 square foot substation (located in unit #315 of the shopping center) would
allow officers to meet with citizens at the north end of the city, complete reports, make phones calls, and receive
faxes without having to travel too far from their patrol zones (as they would do if they responded to the main
headquarters building on Ocoee Commerce Parkway). The substation would be accessible to the officers on a
24 -hour a day basis. A lease agreement is required for liability purposes. Fountains West is managed by OCOE,
LLC out of Naples Florida and a d the lease agreement would be between p g ee OCOE, LLC and the City of Ocoee Police
Department. Foley and Lardner has reviewed this agreement.
Issue:
Should the Honorable Mayor and Board of City Commissioners authorize the Ocoee Police Department to enter
into a lease agreement with OCOE, LLC for Fountains West retail space to be used as a police substation for a
period of one (1) year?
Recommendations
It is recommended that the Honorable Mayor and Board of City Commissioners authorize the Ocoee Police
Department to enter into a lease agreement with OCOE, LLC for Fountains West retail space to be used as a
police substation for a period of one (1) year.
Attachments:
Lease agreement. Site plan
Financial Impact:
$120 per year for rent. Actual cost of utilities (approximately $300 per month). The City may incur an addition
insurance premium (as yet to be determined). If monies were not available in the department's operating line
item, Federal equity sharing monies (forfeiture funds) could be utilized for these purposes.
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 v Regular Agenda
x Commission Approval
Discussion & Direction
x Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney 11 -19 -2010 , N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
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j OCOMILIMPA
RETAIL LEASE AGREEMENT
THIS LEASE, made on the 7th day of December, 2010, by OCOE LLC, a Florida Limited Liability company
whose address is 1100 S Avenue South, Suite 210, Naples, Florida 33402 ( "Landlord "), and the City of Ocoee
Police Department whose address is 646 Ocoee Commerce Parkway, Ocoee, Florida 34761 (herein called
"Tenant ").
WITNESSETH:
Basic Provisions
Certain Basic Provisions are set forth in this Section,
(a) Unit No: 315
Rentable Square Feet: 1,440
(b) Term: One (1) Year
(C) Total Rent: One Hundred and Twenty Dollars ($120.00) Annually
plus applicable sales tax if required.
(d) Security Deposit: N/A
(e) Use: Tenant's use, shall be that of substation for official police business
ARTICLE 1 Premises; Term
SECTION 1.01. Premises. In consideration of the rents, covenants and agreements hereafter set forth, Landlord
hereby Leases to the Tenant, and the Tenant hereby takes from Landlord, those certain premises now existing or
hereafter to be erected in Fountains West Shopping Center (which name may be changed at Landlord's sole election
and without liability) as more fully described in Exhibit "A ", attached hereto and made a part hereof (hereafter
called the "Shopping Center ") situated in the city of Ocoee, Orange County Florida ,
SECTION 1.02. Length of Term. and Commencement Date. The term of this Lease shall be for the time period set
forth in the Basic Provisions Section. Lease will terminate upon either party giving six months written notice to the
other party.
ARTICLE 2 Repair and Maintenance of Premises
SECTION 2.01. Responsibility of Landlord. Landlord shall repair and maintain in good order and condition,
ordinary wear and tear excepted, the roof, roof drains, outside walls, foundations and structural portions (both
interior and exterior) of the Premises excepting; (i) repair or replacement of broken plate or window glass excluding
damage by fire or other casualty covered by Landlord's fire and extended coverage policy; and (ii) repair of damage
caused by Tenant, its employees, agents, contractors, customers or invitees. In no event, however, shall Landlord be
liable for damages or injuries arising from defective workmanship or materials in making any such repairs except to
the extent that such work may be remedies pursuant to any contractor's warranty for the work. Landlord shall have
no obligation to repair until a reasonable time after the receipt by Landlord of written notice of the need for repairs.
Tenant waives the provision of any law, or any right Tenant may have under common law, permitting Tenant to
make repair at Landlord's expense. Except as provided in this Section, Landlord shall not be obligated or required to
make any other repairs, and all other portions of the Premises shall be kept in good repair and condition by Tenant,
at Tenant's sole cost.
SECTION 2.02. Responsibility of Tenant.
(a) Tenant, at its sole cost, shall maintain, repair and replace in good order and condition the non-
structural portions of the Premises, including, without limitation, the maintenance, repairs, and replacement,
foreseen or unforeseen of the store front, show windows, doors, windows , plate and window glass, floor coverage,
plumbing, grease traps, fire, life safety, electrical and sewage system, facilities and appliances, and damage caused
by Tenant, its employees, agents, contractors, customers, or invitees.
(b) Tenant will not install any mechanical, electrical, plumbing, HVAC or other such
equipment/fixtures without the prior written authorization of Landlord.
(c) Tenant, shall take good care to and keep in a neat, clean, safe, and sanitary condition the
Premises, sidewalks, rear areas, trash dumpsters and service areas at all time.
(d) If Tenant refuses or neglects to promptly repair the Premises, Landlord may make such
repairs without liability to Tenant for any loss or damage that may occur to Tenant's merchandise, fixtures or other
property, or to Tenant's business by reason thereof, and upon completion thereof Tenant shall pay as Additional
Rent, Landlord's cost for making such repairs plus twenty percent for overhead upon presentation of a bill therefor.
Interest shall accrue at eighteen percent per annum on said cost from the date of completion of repairs by Landlord.
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In the event that Landlord shall undertake any maintenance or repair in the course of which it shall be determined
that such maintenance or repair work was made necessary by the negligence or willful act of Tenant or any of its
employees or agents or that the maintenance or repair is, under the terms of this Lease, the responsibility of Tenant,
Tenant shall pay Landlord's costs therefor plus overhead and interest as above provided in this Section.
(e) Tenant shall give Landlord immediate notice of any accident, fire or damage occurring to the
Premises, the Shopping Center, or any fixtures or equipment and Tenant shall give immediate notice to Landlord of
any defects therein.
ARTICLE 3 Insurance and Indemnity
SECTION 3.01. Insurance. Tenant shall, during the entire term hereof, keep in full force and affect the following
insurance coverage:
(a) Bodily injury and public liability insurance in an amount not less than TWO MILLION
DOLLARS ($2,000,000.00) per accident and injury.
(b) Property damage insurance in an amount not less than ONE HUNDRED THOUSAND
DOLLARS ($100,000.00).
(c) Plate glass insurance covering all plate glass of the Premises, in amounts satisfactory to
Landlord.
SECTION 3.02. Indemnification of Landlord. To the extent permitted by law, Tenant shall indemnify, defend and
save Landlord harmless from and against any and all claims, actions, damages, liabilities and expenses (including
reasonable attorney fees through all trial and appellate proceedings) in connection with loss of life, personal injury
and/or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use
by Tenant of the Premises; or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors,
employees, servants, lessees or concessionaires, including, without limitation any use, storage, transportation,
treatment, disposal or handling of any asbestos, pollutants, or Toxic or Hazardous Waste or Hazardous Substance; or
as a result of any mechanic's lien filed in connection with any work performed by Tenant.
SECTION 3.03. Waiver of Subrogation. Landlord shall cause each insurance policy carried by Landlord insuring
the Premises against loss by fire and causes covered by standard extended coverage and Tenant shall cause each
insurance policy carried by Tenant and insuring the Premises and its fixtures and contents against loss of fire and
causes covered by standard extended coverage, to be written to provide that the insurance company waives all right
of recovery by way of subrogation against Landlord or Tenant, as the case may be, in connection with any loss or
damage covered by any such policies. Neither party shall be liable to the other for any loss or damage caused by fire
or any of the risk enumerated in standard extended coverage insurance, provided such insurance policies cannot be
a ent of an additional premium charge above that charged by companies
or are obtainable only by the g Y anies P
Y Y payment P
w fiver of subrogation, the undertaking to
carry insurance without such a n, g an'Y such insurance shall
carrying s g party
notify the benefiting party of such fact and the benefiting party shall have a period of ten (10) days after the giving
of such notice either to (a) place such insurance in companies and with such deductibles as are reasonably
satisfactory to the party carrying such insurance with waiver or subrogation; (b) agree to pay such additional
premium if such policy is obtainable at additional cost. If neither "(a)" nor "(b)" is done, this Section shall be null
and void for as long as such insurance cannot be obtained or the party in whose favor a waiver of subrogation is
desired shall refuse to pay the additional premium charge. If the release of either the Landlord or Tenant, as set
forth in the second sentence of this paragraph shall contravene any law with respect of exculpatory agreements, the
liability of the party in question shall be deemed not released but shall be deemed secondary to the latter's insurer.
SECTION 3.04 Limitation of Liability. Landlord's obligations and liability with respect to this Lease shall be
limited soley to Landlord's interest the building, as such interest is constituted from time to time, and neither
Landlord nor any partner of Landlord, or any officer, director, shareholder, member, manager or partner of any
partner of Landlord shall have any personal liability whatsoever with respect to this Lease. Upon any transfer of
Landlord's interest in the Building or this Lease, Landlord shall automatically be released from any further liability
hereunder. The terms of this section shall survive the expiration or the earlier termination of this Lease.
ARTICLE 4 Utilities
SECTION 4.01. Utilities. Tenant shall be solely responsible for and promptly pay when due all charges for water,
sewer, gas, electricity or any other utility used or consumed in the Premises. Should Landlord elect to supply the
water, sewer, gas, electricity or any other utility used or consumed in the Premises, Tenant agrees to purchase and
pay for the same as Additional Rent at the applicable rates filed by the Landlord with the proper regulatory
authority. In no event shall Landlord be liable for any interruption or failure in the supply of any such utilities to the
Premises. Tenant shall also be required prior to taking possession of the Premises to pay the Landlord or to the
utility company as the case may be, any and all water and sewer hookup charges, connection fees, impact fees and
deposits.
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ARTICLE 5 Additional terms
Section 5.01 "AS -IS" condition. Tenant accepts premises in it current "as -is" condition with the exception of the
following. Landlord will: Paint interior, install standard flooring and build one interior division half wall with no
electric in wall.
SECTION 5.02. Relocation /Termination After Occupancy. Landlord, at its option, reserves the right to relocate
Tenant to another space of similar square footage in the Shopping Center after the Commencement Date upon no
less than thirty (30) days written notice to Tenant.
IN WITNESS THEREOF, Landlord and Tenant have executed this Lease, pursuant to valid and effective
authorization thereof, or have caused the same to be executed as of the day and year first above written.
Signed and delivered LANDLORD:
in the presence of OCOE, LLC, a Florida Limited Liability Company
By: Halvorsen Holdings, LLC., a Florida Corporation
Witness as its Managing Member
By:
Witness JEFFERY T. HALVORSEN, PRESIDENT
TENANT:
OCOEE POLICE DEPARTMENT
By:
CHARLIE BROWN, Chief of Police
APPROVED:
AF1'EST: 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 ON , 2010,
this day of , 2010. UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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