Item #11 Approval of Proposed Lease of City-Owned Property at 15 South Kissimmee Avenue to DG Doughnuts for a Term of One Year with a Lease Rate of $650 per month ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2017
Item # / l
Reviewed By:
Contact Name: Al Butler, Support Services Department Director: ' 41 `,
Contact Number: 407-554-7063 City Manager: (-
Subject: Proposed lease of city-owned property at 15 South Kissimmee Ave e to DG Doughnuts for a
term of one year and a lease rate of$650 per month.
Background Summary:
The City acquired the property located at 15 South Kissimmee Avenue (PIN = 18-22-28-0000-00-046) as
part of a larger purchase that also included the adjacent parcel located to the west (214 West McKey
Street). This acquisition was a strategic purchase for future use; it is presently used only for storage of
city documents and files. The construction of a roundabout at the adjacent intersection of McKey Street,
Kissimmee Avenue, and Taylor Street, which is expected to start in 12-15 months, may impact the
building due to the required realignment of Kissimmee Avenue to the west.
DG Doughnuts, a local start-up bakery and retail business, has approached the city about renting the
northern building and parking lot located on the northern half of the 15 S. Kissimmee Ave. parcel. A
proposed 12-month lease at a monthly rent of $650 plus $42.25 sales tax (total of $692.25) has been
drafted by the City Attorney.
Issue:
Should the City Commission approve the leasing of the northern building located at 15 South Kissimmee
Avenue to a new business, DG Doughnuts?
Recommendations
Staff recommends the City Commission approve the proposed lease, which will aid in the location of a
new business in the downtown area.
Attachment:
Proposed lease to DG Doughnuts
Financial Impact:
According to general economic theory, a seller should accept any price that covers the marginal
(variable) cost of the product or service being sold and makes a contribution to the seller's fixed cost.
The marginal cost in this instance is the sum of property taxes, insurance coverage, and routine repairs
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needed to rent the facility, assuming that no utility costs, lawn maintenance, or other potential expense
sources are included. (Normally, city-owned property is exempt from property taxation, but its rental for
commercial use removes that exemption.) There also needs to be some allowance for the city's cost of
managing a rental property, which the appraisal report puts at 4% of the rental rate. Based on the
information provided in the appraisal, the marginal cost to the city of renting the property is $611.02 per
month:
$6,094.00 — Property Taxes (based on prior tax bills)
$637.50 — Insurance Premium (based on $0.50 per SF)
+ $318.75 — Repairs (based on $0.25 per SF)
$7,050.25 — Total Building Variable Cost
+ $282.01 — Management Cost (based on 4% of rental rate)
$7,332.26 — Total Marginal Cost of Renting the Northern Building for One (1) Year
$611.02 — Monthly Marginal Cost ($7,332.26 _ 12)
Given the foregoing, any rental fee that exceeds the expected basic cost of renting the property (i.e.,
$611.02 per month) will provide some capital cost recovery to the city. The proposed rental rate of$650
plus sales tax of $42.25 per month exceeds the fixed cost of the facility. This analysis does not include
the cost of any alternative storage space that must be rented by the city as a result of the subject building
no longer being available.
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
X 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
Reviewed by N/A
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LEASE AGREEMENT
This Lease Agreement ("Lease") dated , 201_, is entered into by and between the City of
Ocoee, Florida, a Florida municipal corporation, whose address is 150 Lakeshore Drive, Ocoee, Florida 34761
("Landlord"), and DG DOUGHNUTS, a Florida Limited Liability Corporation, whose address is 710 Stinnett Drive, Ocoee,
Florida 34761 ("Tenant").
WITNESSETH:
1. DEMISE OF PREMISES
In consideration of the rents, covenants and agreements hereinafter reserved and contained in this Lease to be observed
and performed by Tenant, Landlord does hereby demise and lease to Tenant the designated building, improved parking
area, and designated land within the property located at 15 S. Kissimmee Avenue, Ocoee, Florida 34761 and described
in Exhibit"A" attached hereto ("Premises"), to have and to hold from the Delivery Date (as hereinafter defined) and
during the term of this Lease subject to the covenants and agreements contained in the Lease.
2. TERM
(a) Delivery Date. Unless otherwise set forth in this Lease, Tenant's right of occupancy under this Lease shall
commence on the date Landlord delivers possession of the Premises to Tenant (the "Delivery Date"). Landlord
anticipates that the Delivery Date will be on or before (the "Anticipated Delivery Date"). In the
event the Delivery Date has not occurred prior to thirty(30) days after the Anticipated Delivery Date, Tenant may elect to
terminate this Lease.
(b) Term. The initial term of this Lease shall extend for a period of twelve (12) months following the Delivery Date.
This Lease may be renewed for a period of one year, under the same terms and conditions, upon mutual agreement of
the parties. In order to be effective, Tenant shall provide Landlord with written notice of its election to renew this Lease on
or before five(5) months prior to the commencement of the renewal term.
3. USE
(a) Use of Premises. Tenant covenants with Landlord that Tenant shall not use or occupy the Premises or any
part of thereof for any purpose other than for general office space, or such other office use as permitted by the Landlord's
prior written consent(the"Permitted Use").
(b) Compliance with Regulations. Tenant agrees to observe and comply with all laws, ordinances and
governmental regulations pertaining to Tenant's manner of use.
4. PAYMENT OF RENT
(a) Rents. Tenant hereby covenants and agrees to pay to Landlord rent (the "Rent") in the amount of SIX
HUNDRED FIFTY no/100s Dollars ($650.00) per month plus applicable state sales tax of FORTY-TWO 25/100
Dollars ($42.25) for a total gross rent of SIX HUNDRED NINETY-TWO 25/100 Dollars $692.25 per month. The Rent
includes all real estate taxes and Landlord's insurance. Utilities and janitorial services shall be obtained at the sole
cost and expense of Tenant. The Rent payable by Tenant hereunder for any fractional month in which the Rent
Commencement Date occurs or at the end of the term hereof shall be prorated on a daily basis. The payment of
Rent shall commence on the Rent Commencement Date and shall be paid thereafter in advance, on or before the
first(1st) day of each calendar month of the Lease term. Notwithstanding anything contained herein to the contrary, in
the event the Rent Commencement Date commences on a day other than the 1st of any month, adjustments to Rents
payable hereunder, if any, shall be made on the 1st of the month following the commencement of the new payment
amount. The Rents shall be paid to the Landlord at the address of Landlord contained in this Lease, or at such other
place as may be designated in writing from time to time by Landlord.
(b) Rent Commencement Date. Tenant's obligation to pay Rent shall commence on the actual Delivery Date.
(c) Late Charges. Other remedies for nonpayment of Rents notwithstanding, if any installment of Rents or any
other payment required hereunder is not received on or before the tenth (10th) calendar day after the respective due
date of such installment or payment, Tenant shall pay Landlord a late fee equal to five percent (5%) of such past due
amount. In addition to such late charge, any overdue balance owing Landlord by Tenant for more than ten (10) days
shall bear interest at the higher of(i) twelve percent(12%) per annum, or(ii) the highest annual rate allowable by law.
All payments by Tenant to Landlord shall first be applied to any late charge and interest owing prior to application to
any existing outstanding balance owed by Tenant to Landlord.
5. ENJOYMENT
Tenant, upon paying all Rents payable hereunder and performing all of the covenants of this Lease, may quietly hold
and enjoy the Premises free from interruption or disturbance from the Landlord or any other person or persons
lawfully claiming by, through or under the Landlord.
6. INSTALLATION AND ALTERATIONS
(a) Tenant shall have the right to install its furniture, fixtures, and equipment ("FFE"), on the condition
that it is not in default hereunder. Tenant shall have the right to remove such FFE immediately upon the expiration or
earlier termination of this Lease, provided that Tenant repairs all damage occasioned by the removal thereof.
(b) Tenant shall not make any repairs, alterations or additions to the Premises, including alterations prior
to the commencement of this Lease, or make any contracts therefore, without first procuring Landlord's written consent,
which the Landlord agrees not to unreasonably withhold, condition or delay. All alterations, additions, improvements and
fixtures, other than trade fixtures, which may be made or installed upon the Premises, and which remain in any manner
attached to the floors, walls or ceilings ten (10) days after the termination of this Lease, shall become the property of
Landlord and shall remain upon and be surrendered with the Premises as a part thereof, without damage or injury,
unless Landlord requests that such movable alterations or movable improvements be removed, in which event the same
shall be removed by the Tenant at the expiration of the term of this Lease at Tenant's expense. Tenant shall be obligated
to repair all damages occasioned by the removal of any items from the Premises.
7. Intentionally deleted.
8. REPAIRS AND MAINTENANCE
Tenant shall maintain in good watertight order, condition, and repair, at its sole cost and expense, all foundations,
elements of structural support, and roof structure and membrane within and outside the Premises. In addition,
Tenant shall maintain in good order, condition, and repair all plumbing, lights, electrical fixtures, utilities, canopy
lights, and signage within the Premises. All repairs and replacements required to be or made by Tenant shall be
equal in quality to the original installations. Tenant agrees to keep the Premises clean and to maintain the Premises
in good order. Following the Delivery Date Tenant shall make the following improvements to the Premises and shall
complete the same within thirty (30) days from the Delivery Date (or as agreed in writing with the City Manager):
(a) Paint the building using no more than three colors, one of which shall be white; white shall be used
for highlighting the trim, cornice work, and columns. All colors shall be earth tone.
(b) Corporate Colors —The use of corporate colors is permitted as long as the colors are not patterned
so as to compete for visual attention (e.g. polka-dots, stripes). The use of corporate colors shall not create an
advertisement of the building itself. Corporate colors shall not violate any other color limitations within the ordinance
of the City of Ocoee.
(c) Remove the shrubs from in front of the arcade. Tenant shall replace with new plantings that enhance
and do not block the arcade.
(d) The windows on the southern building facing Kissimmee Ave. shall be trimmed in white, pursuant to
item (a) above.
(e) The parking spaces on Kissimmee Ave. shall be resurfaced and will be painted with new striping.
(f) The aluminum overhang shall be painted black on exterior surfaces. (Painting the aluminum
overhang black does not count as a building color per item (a) above.)
9. INDEMNIFICATION
To the extent permitted by law, Tenant covenants with Landlord to indemnify and hold harmless Landlord from and
against any and all claims, actions, damages, (but not indirect, consequential, or punitive damages), liability and
expense, including but not limited to reasonable attorneys' fees, that arise from or in connection with the possession,
use, occupation, management, repair, maintenance, or control of the Premises, or any portion thereof. Tenant shall,
at its own cost and expense, defend against any and all actions that may be brought against Landlord or any
mortgagee with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders, and
decrees that may be recovered against Landlord in connection with the foregoing. Notwithstanding anything herein to
the contrary, Tenant's obligation to indemnify and hold the Landlord harmless shall not apply to claims, actions,
damages, liabilities, or expenses resulting from the negligent or wrongful acts of Landlord, its agents, contractors,
employees, servants, lessees, or concessionaires or to any claim arising from events occurring on the Premises
except to the extent resulting from the negligent or wrongful acts of Tenant, its agents, contractors, employees,
servants, lessees, or concessionaires. Landlord does not waive its right to sovereign immunity under Florida law.
10. WAIVER OF LIABILITY
Unless otherwise provided herein, Landlord shall not be liable for any loss of or damage to any property of Tenant or
of any others located in or on the Premises, or any injury or damage to persons or property that occurs in or on the
Premises or results from an occurrence in or on the Premises except to the extent that any such loss, damage, or
injury is the direct result of Landlord's negligence, breach, or default under this Lease and Tenant does hereby
expressly release Landlord from all liability for any damage, loss, or injury covered in this Section.
11. ASSIGNMENT AND SUBLETTING; COLLATERAL ASSIGNMENT
Tenant shall not have the right to assign, sublet, license, or otherwise transfer any or all of its rights and privileges
under this Lease.
12. DAMAGE TO PREMISES
(a) If the Premises shall be damaged by fire, the elements, or other casualty and are rendered untenantable in
whole or in part, and there are sufficient insurance proceeds, in Landlord's sole discretion, to rebuild the improvements on
the Premises, Landlord shall rebuild or otherwise restore the improvement to good condition and fit for occupancy within a
reasonable period of time after such destruction or damage. If the insurance proceeds are insufficient to rebuild the
improvements, and the Tenant does not, at its option, deposit additional funds sufficient to rebuild the improvements or in
the reasonable judgment of Landlord the Premises (including parking) cannot be substantially restored within one (1) year
from the date of the casualty, Landlord may terminate this Lease and keep the insurance proceeds. The insurance
proceeds following any damage or destruction shall be disbursed to Landlord.
(b) Under no circumstances shall the Landlord be obligated to repair or replace any of the leasehold improvements,
whether installed by Landlord or Tenant, or any of Tenant's furniture, equipment, or personal property. Tenant shall be
obligated to repair or restore Tenant's leasehold improvements, Tenant's furniture, equipment and personal property, and
fixtures at its own expense.
(c) Tenant shall be entitled to an abatement of Rent in proportion to the effect of such damage or destruction on
Tenant's business in the Premises. Rent payments required hereunder shall abate starting with the 3rd month during any
such period of restoration, should Landlord elect to restore the Premises.
(d) Notwithstanding anything herein to the contrary, if the work of repairing or restoring the Premises to pre-casualty
condition is not completed within thirty(30)days after the date of said casualty, Tenant shall have the right to terminate this
Lease upon written notice delivered to Landlord within fifteen (15)days after the expiration of said 30-day period.
13. SURRENDER OF PREMISES
Tenant agrees to deliver to Landlord physical possession of the Premises upon the termination of or the expiration of
the term of this Lease in as good condition and repair as the same shall be at the Delivery Date, ordinary wear and
tear or insurable casualty loss excepted. Tenant shall, at the time of delivery of the Premises to Landlord, deliver to
Landlord all keys, computerized programs, access codes, combinations, or other items necessary or desirable for
access to Premises or for the operation of installed equipment on the Premises. The Premises shall further be
delivered clean and free of all personal property and FFE.
14. HOLDING OVER
If Tenant shall hold possession of the Premises after the expiration or termination of this Lease, Landlord shall have the
following options: (i) Landlord may permit Tenant to occupy the Premises as a tenant from month-to-month, which
tenancy shall be terminable by either party upon thirty (30) calendar days' written notice to the other, in which event
Tenant shall be liable for one hundred fifty percent (150%) of the Rent in effect during the Lease Year immediately
preceding the holdover and otherwise subject to all of the terms and conditions of this Lease; or (ii) Landlord may
exercise any remedies it has under this Lease for Tenant default including a legal action against Tenant for wrongfully
holding over.
15. ACCORD AND SATISFACTION
No payment by Tenant or receipt by Landlord of a lesser amount than the correct Rent or other monies due under
this Lease shall be deemed to be other than a payment on account, nor shall any endorsement or statement on any
check or letter accompanying any check for payment of rent or any other amounts owed to Landlord be deemed to
effect or evidence an accord and satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of the rent or other amount owed and pursue any other remedy provided in
this Lease.
16. INSPECTION AND EXHIBITION OF PREMISES
Landlord reserves the right at all reasonable times and upon reasonable notice, to enter the Premises during the last
four (4) months of the term of this Lease for the purpose of exhibiting the Premises to prospective tenants. Landlord
also reserves the right at all reasonable times and upon reasonable notice, to inspect the Premises and every part
thereof. Landlord may, however, without notice, make emergency repairs or make such required repairs as Tenant
has failed to make, according to Tenant's repair obligations under this Lease.
17. REMEDIES UPON DEFAULT
(a) Tenant Failure to Pay; Tenant Abandonment; or Tenant Insolvency. If Tenant defaults in the payment
of the Rent reserved hereunder, or any part thereof, or in making any other payment herein provided for, including,
without limitation, any and all items of additional rent, and any such default shall continue for a period of five (5) days
after written notice (provided, however, that Tenant shall be entitled to only two (2) written notices of such default
within any twelve (12) month period, and after the second written notice in any twelve (12) month period, a default
shall be deemed to occur if Tenant shall fail to pay any installment of Rent or other payment herein provided for within
ten (10) days of its due date); or if the Premises or any part thereof shall be abandoned; or if Tenant shall file a
voluntary petition in bankruptcy or shall file any petition or institute any proceeding under any insolvency or
bankruptcy law (or any amendment or addition thereto hereafter made) seeking to effect its reorganization or a
composition with its creditors; or if Tenant shall make a general assignment for the benefit of creditors, or if (in any
proceedings based on the insolvency of Tenant or relating to bankruptcy proceedings) a receiver, interim receiver,
receiver manager, monitor, custodian, liquidator, or trustee shall be appointed for Tenant or the Premises; or if any
proceedings shall commence for the reorganization of Tenant under any insolvency or bankruptcy law, or if the
leasehold estate created hereby shall be taken on execution or by any process of law, or if Tenant shall admit in
writing its inability to pay its obligations generally as they become due; then Landlord may, at its option elect either to
(a) continue this Lease in full force and effect notwithstanding the occurrence of such event of default; (b) continue
this Lease and retake possession of the Premises pursuant to legal process and re-let the Premises for Tenant's
account; or(c) terminate this Lease, whereupon Tenant shall quit and surrender the Premises, but shall remain liable
for Landlord's damages for Tenant's breach of this Lease in an amount equal to the present value of the balance of
the term of the lease from the date of termination plus interest thereon from the date of termination at the lower of
twelve percent(12%) per annum or the highest interest rate legally allowable.
(b) Default in Performance of Other Covenants. If Tenant defaults in its performance of any of the other non-
monetary covenants or conditions of this Lease, after written notice to Tenant and thirty (30) days to cure (which
period shall be extended for such additional reasonable period as may be required under the circumstances provided
that Tenant initiates such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to
completion), Landlord may cure such default and any amount paid by Landlord or expense incurred in making such a
cure, together with interest at the higher of twelve percent(12%) per annum or the highest rate available by law, shall
be immediately due and owing to Landlord by Tenant, or Landlord may, after expiration of such cure period, at its
option elect either to (a) continue this Lease in full force and effect notwithstanding the occurrence of such event of
default; (b) continue this Lease and retake possession of the Premises pursuant to legal process and re-let the
Premises for Tenant's account; or (c) terminate this Lease, whereupon Tenant shall quit and surrender the Premises,
but shall remain liable for Landlord's damages for Tenant's breach of this Lease in an amount equal to the present
value (of the balance of the term of the lease from the date of termination plus interest thereon from the date of
termination at the lower of twelve percent(12%) per annum or the highest interest rate legally allowable.
(c) Remedies After Termination. After termination of this Lease, Landlord or Landlord's agents may
immediately, or at any time thereafter, re-enter the Premises and remove all property (the "Personal Property")
therefrom (by appropriate legal proceedings), and put the same in storage at Tenant's expense. In the event that any
Personal Property has not been retrieved within thirty (30) days from the date when Landlord removes it from the
Premises, Landlord shall have the right, but not the obligation, to dispose of the Personal Property in any manner as
determined in the sole and absolute discretion of the Landlord. In said event, Tenant assumes all responsibility for
any liability resulting from the disposal of the Personal Property. Tenant shall be responsible for all reasonable
expenses incurred by Landlord in storing all property and providing such notice.
In the event that Landlord shall obtain possession of the Premises, Tenant agrees to pay to Landlord, on
demand, an amount equal to the reasonable expenses incurred by Landlord in obtaining possession, including court
costs and reasonable attorneys' fees, and such other expenses as Landlord may reasonably incur in putting the
Premises in good order and condition.
(d) Tenant's Remedies upon Landlord's Default. If Landlord defaults in its performance of any of its duties
and obligations under this Lease and such default continues for thirty(30) days after written notice (which period shall
be extended for such additional reasonable period as may be required under the circumstances provided that
Landlord initiates its cure within such thirty (30) day period and diligently thereafter prosecutes such cure to
completion) and Tenant shall be entitled to any and all remedies available at law or in equity for a Landlord default,
including without limitation the right to cure the default at Landlord's cost.
18. NOTICES
Any notice, request, consent, approval, demand, or other communication required or permitted to be given or served
by either party to this Lease to or on the other shall be given or served and shall not be deemed to have been duly
given or served unless in writing and delivered: (a) in person; (b) by overnight courier; or (c) by certified or registered
mail, return receipt requested, to the following addresses or to such other addresses as may be specified from time to
time, in writing, delivered to the other party as provided herein:
To Landlord: Rob Frank, City Manager
150 Lakeshore Drive
Ocoee, Florida 34761
With a copy to: Scott Cookson, City Attorney
1000 Legion Place, Suite 1700
Orlando, FL 32801
To Tenant: Amanda Eubanks
710 Stinnett Drive
Ocoee, FL 34761
The date of service of any such notice or demand given by registered or certified mail shall be the date on which such
notice or demand is delivered, as evidenced by a U.S. Postal Service receipt.
19. RECORDING
This Lease shall not be recorded, but a Memorandum of Lease, describing the property herein demised, giving the
term of this Lease and referring to this Lease, may be recorded by either party. All governmental charges attributable
to the execution or recording of such Memorandum of Lease shall be charged to and paid by the party requesting
such Memorandum.
20. FORCE MAJEURE
If Landlord or Tenant is delayed or prevented from performing any of their respective obligations during the term of
this Lease because of acts of God, war, riots, shortages of labor or material, or any other causes that are reasonably
beyond their control, then the period of any such delay shall be added to the time herein provided for the performance
of any such obligation and the defaulting party shall not be liable for losses or damages caused by such delay;
provided, however, that this Section shall not apply to the payment of any sums of money required to be paid by
Tenant hereunder or any obligation of Landlord or Tenant that can be satisfied by the payment of money.
21. HAZARDOUS SUBSTANCES
Landlord represents, warrants and covenants that, to the best of its actual knowledge, the Premises do not presently
contain and are free from, mold, asbestos, and any other hazardous substance. Tenant agrees not to introduce any
hazardous material in, on, or adjacent to the Premises. If Tenant stores, uses, or disposes of any hazardous material
in, on, or adjacent to the Premises and such action results in any contamination of the Premises, the soil or surface or
groundwater requiring remediation under federal, state or local statutes, ordinances, regulations or policies, Tenant
agrees to clean-up the contamination at Tenant's cost. Tenant further agrees to indemnify, defend, and hold
Landlord harmless from and against any claims, suits, causes of action, costs, fees, including attorneys' fees and
costs, arising out of or in connection with any such clean-up work, or government enforcement proceeding in
connection therewith, and any hazardous materials currently or hereafter used, stored, or disposed of by Tenant or its
agents, employees, contractors, or invitees on or about the Premises.
22. GENERAL PROVISIONS
(a) Time is of the Essence. Time is of the essence in this Lease.
(b) Binding Effect. Landlord and Tenant agree that all the provisions of this Lease are to be construed as
covenants and agreements as though the words importing such covenants and agreements were used in each
separate Section hereof, and that all of the provisions hereof shall bind and inure to the benefit of the parties hereto
and their heirs and their successors and assigns.
(c) Waiver. No waiver of any covenant or condition nor the breach of any covenant or condition of this Lease
shall be taken to constitute a waiver of any subsequent breach of such covenant or condition, nor justify or authorize
the non-observance on any other occasion of the same or of any other covenant or condition hereof.
(d) Severability. Any provision of this Lease that is contrary to a law that the parties cannot legally waive or
contract against is and shall be void and not binding on either party hereto; provided, however, that the invalidity or
unenforceability of any provision of this Lease shall not affect or impair any other provision.
(e) Captions. The headings of the several Sections contained herein are for convenience and do not define,
limit or construe the contents of such Sections.
(f) Plurality and Gender. Reference to a party will be read as if all required changes in the singular and plural
and all grammatical changes rendered necessary by gender had been made. All words in the singular will include the
plural and vice-versa.
(g) Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original,
and all counterparts shall constitute one and the same instrument.
(h) Entire Agreement. This Lease contains all of the agreements between the parties hereto, and it may not
be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors in
interest.
(i) Governing Law. All questions concerning the validity or intention of this Lease shall be resolved under the
laws of the state of Florida and venue shall lie in Orange County, Florida.
(j) Successors in Interest. Except as otherwise provided in this Lease, all provisions of this agreement shall
be binding upon, inure to the benefit of, and be enforceable by and against the respective heirs, personal
representatives, successors, and assigns of each party to this Lease.
(k) Sovereign Immunity. Nothing contained this Lease or in any instruments executed pursuant to the terms
of this Lease shall be construed as a waiver or attempted waiver by the Landlord of its sovereign immunity under the
constitution and laws of the State of Florida; provided, however, that this paragraph shall not be construed as an
attempt to negate any partial waiver of sovereign immunity made by the Legislature under the provisions of The Tort
Claims Act, Section 768.28, Florida Statutes or any future statute or Act adopted by the Florida Legislature.
[Signature pages to follow]
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the date first written above.
WITNESSES: LANDLORD:
CITY OF OCOEE,a Florida municipal corporation
By:
Rusty Johnson
Mayor
Print Name:
Print Name:
Attest:
City Clerk
[AFFIX SEAL]
Executed on: _, 2017
For use and reliance only by the City of Ocoee, APPROVED BY THE OCOEE CITY
Florida. Approved as to form and legality this COMMISSION AT A MEETING HELD ON
day of 2017. , 2017 UNDER
AGENDA ITEM NO.
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
WITNESSES: TENANT:
Print Name:
By:
Print Name: Name:
Title:
Exhibit "A"
The subject property has a street address of 15 South Kissimmee Avenue, which is located at the southwest corner
of the intersection of McKey Street, Kissimmee Avenue, and Taylor Street. It has been assigned Parcel Identifier
Number 18-22-28-0000-00-046 in the records of the Orange County Property Appraiser and consists of a lot
measuring 150 feet on each side covering a total area of 22,500 square feet, more or less. Two buildings exist on
this parcel. The northern structure contains 1,716 gross square feet of space and approximately 1,250 usable interior
square feet. The southern structure has 2,904 gross square feet of space. The two structures are joined by a
breezeway or arcade. The property also includes a concrete parking area accessible from McKey Street.
THIS LEASE INCLUDES ONLY THE SMALLER BUILDING, THE ARCADE, AND IMPROVED PARKING AREA
LOCATED TO THE NORTH, AS SHOWN BELOW WITH THE LABEL, "AREA INCLUDED IN LEASE." The
southern building located on the same parcel, the surrounding land, and the parcel located to the west, which is also
owned by Landlord, are excluded from this lease and are not for use by Tenant. The portion of South Kissimmee
Avenue that encroaches onto the parcel is also excluded from the lease.
Map of 15 S. Kissimmee Ave.
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