Item 17 Approval of Short-Term Leasing of Land Space at 301 Maguire Road
~
AGENDA ITEM COVER SHEET
Meeting Date: August 16,2005
Item # -.17
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 trips.
There are no facility preparation 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.
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, 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 Deal Use:
o Consent Agenda
o Public Hearing
~ Regular Agenda
IZI Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
City Manager
Robert Frank
-
QC9H.
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vanderlrrift
STAFF REPORT
TO:
The Honorable Mavor 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.
I\D D -o.\) lrs-M
: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLlENT.MATTER NUMBER
020377.0675
TO:
FROM:
The Honorable Mayor and City Commissioners of the City of Ocoee
Paul E. Rosenthal, Esq., City Attorney vtfl-.
cc:
Rob Frank
Russ Wagner
David Wheeler
Scott Glass, Esq.
DATE:
August 16, 2005
RE:
EMERGENCY ITEM; AUGUST 16, 2005 AGENDA:
Extension of time to satisfy conditions for Village Marketplace Shopping Center
Development Agreement and Plat
The Village Marketplace Shopping Center Development Agreement and the Plat
of Village Market Place were approved by the City Commission at its meeting of June 21,2005
subject to certain conditions which were to have occurred no later than August 22, 2005. This
project relates to the proposed BP Station and relocated Twistee Treat. As indicated in the
attached e-mail from Scott Glass, BP will not satisfy the conditions by this deadline. The result
would be that the approvals are void and of no further force and effect.
In order to prevent the prior actions from being voided, it is necessary for the City
Commission to extend the deadline to satisfy the various contingencies. Staff supports the
extension.
RECOMMENDATION: It respectfully is recommended that the City
Commission extend until September 30, 2005 the deadline for BP Products America, Inc.,
Village Marketplace Investors, Ltd., and Debra S. Meridith Kraft to satisfy the contingencies
associated with the June 21, 2005 approval of the Development Agreement and Plat of Village
Market Place.
Attachment( s)
006.383398.1
FOLEY & LARDNER LLP
Message
Page 1 of2
Rosenthal, Paul
From: Scott A. Glass [sglass@shutts-Iaw.com]
Sent: Tuesday, August 16, 2005 11 :37 AM
To: Rosenthal, Paul; Alexander, Carolyn
Cc: Wagner, Russ; Wheeler, David; Bozzuto, Jacqueline; rfrank@cLocoee.fl.us
Subject: RE: BP & Twistee Treat Site Plans
Paul- We will need an extension. We can't close until we know that building permits will be approved.
As I indicated in my earlier e-mail, we appear to be very close but, even if the building permits are
approved at this Thursday's meeting, we won't have everything closed by August 21st.
I would think a one month extension would be sufficient as my understanding is that we intend to close
as soon as possible after permits are approved so the plat can be recorded and work can get under way.
Nonetheless, to be on the safe side, perhaps the extension should be six weeks.
Let me know if you need something other than this e-mail in order to put the extension request on the
agenda.
Jackie, your thoughts?
Scott A. Glass
Shutts & Bowen, LLP
~gJass@shutts-law .com
direct line: 407-835-6964
-----Original Message-----
From: Rosenthal, Paul [mailto:PRosenthal@foley.com]
Sent: Tuesday, August 16, 2005 11:23 AM
To: Alexander, Carolyn
Cc: Wagner, Russ; Wheeler, David; Scott A. Glass; Bozzuto, Jacqueline; rfrank@ci.ocoee.f1.us
SUbject: BP & Twistee Treat Site Plans
Carolyn:
The City Commission approvals of the BPITwistee Treat Development Agreement and
Plat were conditioned upon certain events occurring on or before August 21, 2005 (i.e., delivery
and release of documents from escrow per staff recommendation). If these events will not occur
by that date, then we will need to go back to the Commission to extend the deadline or everything
will self-destruct. By copy to Scott Glass and Jackie Bozzuto, I am asking them to advise whether
an extension is needed which would need to be ion the August 16 agenda.
Based on the June 21, 2005 action by the Commission, it is my recommendation that the
approvals of the BP and Twistee Treat Site Plans should be issued (when stafIis ready to do so)
conditioned upon (I) delivery to Foley & Lardner LLP of the fully executed (i) Plat of Village
Market Place, (ii) Development Agreement and related documents, and (iii) deeds for Maguire
Road right-of-way, and (II) Receipt by Foley & Lardner LLP of notification from BP that they
have completed the various real estate closings and that Foley & Lardner LLP is authorized to
release and record the Development Agreement and the Plat and related documents, including the
deeds to certain Maguire Road right-of-way, and (III) receipt of confirmation from the City
8/1612005
Message
Page 2 of2
Attorney that the foregoing has been accomplished.
No building permits should be issued prior to the recording of the Plat and the
accomplishment of the foregoing. I have no problem if the Building Department wants to approve
building plans subject to the same conditions set forth above.
Paul E. Rosenthal
Foley & Lardner LLP
Direct Phone: 407-244-3248
prosenthal@foley.com
The preceding email message may be confidential or protected by the attorney-client privilege. It
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herein.
"MMS <shutts-law. com>" made the following annotations.
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"MMS <shutts-law. com>" made the following annotations.
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hereby notified that any dissemination or copying of this transmission (including any attachments) is
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The preceding email message maybe confidential or protected by the attorney-client privilege. It is not
intended for transmission to, or receipt by, any unauthorized persons. If you have received this message
in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii)
erase or destroy the message. Legal advice contained in the preceding message is solely for the benefit
of the Foley & Lardner LLP client(s) represented by the Firm in the particular matter that is the subject
of this message, and may not be relied upon by any other party.
Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To
the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated
otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any
other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the
promotion or marketing of any transaction or matter discussed herein.
8/16/2005
08/16/05 14:30 FAX 4078313054
. . August 16,2005.
.,
, '
City of Ocoee
ATfN: Rob Frank.
Via .fax # 407-656-6885
Dcar MJ. 'Frank.
, ,
I .'
III 001
. ' .
. Waste ~ices of Florida is reqUesting the a~enda 'iten'1 to: assign the current agreement
,to Waste Pro to be ~ulled fr~ ~onigbfs agenda. indefinitely.
"
Ifth~re are any ~Uestions pleCt$e co~ta~tme dire~tly at 724-396-4169. .
. '.
r~
District Manager
'I. .'
, ',\
605 HWy 66 West
Sebring. FL 33875
Phone (863) 385-5775
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