Item #12 Approval of Proposed Lease of City Hall Annex Space to State Senator Randolph Bracy for a Term of One Year (with renewals) at a Lease Rate of $1,000 Per Month Plus Applicable Taxes ($1,065 Total Rent) 40,4v
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 3, 2017
Item #
Reviewed By:
Contact Name: Al Butler, Support Services Department Director:
Contact Number: 407-554-7063 City Manager:
Subject: Proposed lease of City Hall Annex space to State Senator Randolp Bracy for a term of one
year(with renewals) at a lease rate of$1,000 per month plus applicable taxes ($1,065 total rent).
Background Summary:
The City provided space to former-State Representative, now State Senator, Randolph Bracy over the
last several years and has been asked to continue this arrangement. It is proposed that he continue to
use the same space in the City Hall Annex. An agreement for a 12-month lease at a monthly rent of
$1,000.00 plus $65.00 sales tax (total of $1,065.00) has been drafted by staff and reviewed by the City
Attorney. This lease continues the same terms and conditions as the previous one except to explicitly
include sales tax as a direct payable.
As the newly elected State Senator from District 13, Senator Bracy has an additional staff person to
accommodate in the district office compared to when he was a State Representative. Discussions as to
how this need for increased office space may be accommodated are ongoing. Additional space, as
available, may be provided near the current location.
Issue:
Should the City Commission approve the leasing of office space to Florida Senate District 13 Senator
Randolph Bracy?
Recommendations
Staff recommends the City Commission approve the proposed lease, which will aid in continuing the
city's positive relationship with the State Senator from District 13 that includes the City of Ocoee. The
City Commission should additionally authorize the City Manager to make any adjustments to the terms of
the lease as may be necessary to secure its approval by the State and to accommodate any needs of the
city or additional staff space requirements; a rental rate increase will be imposed if additional space is
provided. The City Commission's authorization should include the ability for subsequent renewals of the
lease under similar terms for the duration of Senator Bracy's term(s) in office, subject to periodic cost
adjustments.
1
Attachment:
Proposed lease to District 13 State Senator Randolph Bracy.
Financial Impact:
The proposed lease arrangement will provide gross revenue to the city of$12,000.
Type of Item: (please mark with an x')
Public Hearing Foir Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution 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 Revien y Dana Crosby-Collier on December 22, 2016 N/A
N/A
Reviewed by Finance Dept. /
Reviewed by
N/A
Reviewed by N/A
2
LEASE AGREEMENT
This Lease Agreement("Lease"),dated , is entered into by and between the City of
Ocoee, Florida ("Landlord"), a Florida municipal corporation whose address is 150 North Lakeshore Drive, Ocoee,
Florida 34761, and State Senator Randolph Bracy("Tenant"), whose address is 213 Senate Office Building, 404 South
Monroe Street,Tallahassee, Florida 32399.
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 demises and subleases to Tenant certain premises("Premises") within
the Building located at 150 Lakeshore Drive, Ocoee, Florida 34761 (the "Building"), which is shown on the sketch
attached hereto as Exhibit "A" -Building Site Plan 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. The Premises
consists of approximately 1,064 square feet of space(3 rooms). In addition to the Premises, Landlord hereby grants to
Tenant, for the term of this Lease on a non-exclusive basis, (a) all rights, easements and appurtenances belonging to
Landlord and/or appertaining to the Building intended by the Landlord to be used by tenants and occupants of the
Building, and (b) a non-exclusive easement to use all Common Areas within the Building for vehicular parking and
vehicular and pedestrian ingress and egress to and from the Premises.
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) Initial Term. The initial term of this Lease shall extend through months following the Rent
Commencement Date, but in no case later than November 30,2017.
(c) Termination. Tenant may terminate the Lease in the event Tenant ceases to be a member of the Florida
Senate by providing written notice to Landlord.
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 gross rent (the "Rent") in the amount of
One Thousand Sixty-five 0/100 dollars($1,065.00)per month. The Rent includes all real estate taxes and Landlord':
insurance and all utilities with the exception of telephone and intemet services which shall be obtained at the sole
cost and expense of Tenant. In addition, janitorial services are not included as part of the Rent. In the event Tenan
desires that telephone, intemet services and janitorial services be provided by Landlord (the "Additional Services")
Tenant acknowledges and agrees that the cost of the Additional Services shall be in addition to the Rent and saic
cost shall be agreed upon by Tenant and Landlord. The Rent payable by Tenant hereunder for any fractional montf
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, or
or before the first (1st)day of each calendar month of the Lease term. Notwithstanding anything contained herein tc
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 commencemen
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 Base 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 (1oth) 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 tc
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 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 anc
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 o
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 obligatec
to repair all damages occasioned by the removal of any items from the Premises.
7. COMMON AREAS
Landlord agrees that Tenant shall have the right, throughout the term of this Lease, to use, in common with others
entitled to similar use thereof, all of the common areas that may from time to time be constructed, including, but not
limited to, all service drives and sidewalks for ingress and egress to and from the Premises and all parking areas (the
"Common Areas"). Landlord shall maintain the Common Areas in good, neat and clean order, condition and repair
throughout the term of this Lease. Landlord may close such portions of the Common Areas for such minimal periods
as are necessary in order to make any necessary repairs; provided, however, that Landlord shall make all reasonable
efforts to minimize any interference with or disruption of Tenant's business in the Premises.
8. REPAIRS AND MAINTENANCE
(a) Landlord's Obligations. Landlord 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 without reimbursement from common area maintenance charges. In addition, Landlord shall maintair
in good order, condition and repair all plumbing, lights, electrical fixtures, utilities, canopy lights and signage within the
Building Premises. Landlord shall ensure that the systems in the Premises, including the hot water heaters anc
HVAC units, are in normal working order and condition on the Delivery Date. Landlord shall not be required to make
repairs necessitated by reason of the negligence, fault or default of Tenant, or Tenant's agents, employees
contractors, or licensees, or by reason of structural or exterior work done or installed by Tenant, including repairs
required following any removal of Tenant's personal property and FFE. All repairs and replacements required to be or
made by Landlord shall be equal in quality to the original installations.
(b) Tenant's Obligations. Tenant agrees to keep the Premises clean and to maintain the Premises in good
order.
2
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 anc
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 an
mortgagee with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders anc
decrees that may be recovered against Landlord in connection with the foregoing. Notwithstanding anything herein tc
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 in the Common Area:
of the Building except to the extent resulting from the negligent or wrongful acts of Tenant, its agents, contractors
employees, servants, lessees, or concessionaires.
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 of
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 the
whole or in part,and there are sufficient insurance proceeds, in Landlord's sole discretion, to rebuild the improvements or
the Premises, Landlord shall rebuild or otherwise restore the improvement to good condition and fit for occupancy within
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 and/oi
in the reasonable judgment of Landlord the Premises and the Building(including parking)cannot be substantially restorec
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 its Tenant's furniture,equipment or personal property.Tenant shall be
obligated to repair and/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 3'd
month during any such period of restoration, should Landlord elect to restore the Leased Premises.
(d) Notwithstanding anything herein to the contrary, if the work of repairing or restoring the Premises or the
Building 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 anc
tear insurable casualty loss excepted. Tenant shall, at the time of delivery of the Premises deliver to Landlord al
keys, computerized programs, access codes, combinations or other items necessary or desirable for access to
3
Leased Premises or for the operation of installed equipment on the Leased 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 even'
Tenant shall be liable for one hundred fifty percent(150%) of the Base Rent in effect during the Lease Year immediatel}
preceding the holdover and otherwise subject to all of the terms and conditions of this Lease; or (ii) Landlord ma}
exercise any remedies it has under this Lease for Tenant default including a legal action against Tenant for wrongfull}
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 an
check or letter accompanying any check for payment of rent or any other amounts owed to Landlord be deemed tc
effect or evidence an accord and satisfaction, and Landlord may accept such check or payment without prejudice tc
Landlord's right to recover the balance of the rent or other amount owed and pursue any other remedy provided ir
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
six (6) months of the term of this Lease for the purpose of exhibiting the Premises to prospective tenants. Landlorc
also reserves the right at all reasonable times and upon reasonable notice, to inspect the Premises and every par
thereof. Landlord may, however, without notice, make emergency repairs or make such required repairs as Tenani
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 Rents 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 defaul'
within any twelve (12) month period, and after the second written notice in any twelve (12) month period, a defaul
shall be deemed to occur if Tenant shall fail to pay any installment of Rents or other payment herein provided foi
within ten (10) days of its due date); or if the Premises or any part thereof shall be abandoned; or if Tenant shall file
voluntary petition in bankruptcy or shall file any petition or institute any proceeding under any insolvency of
bankruptcy law (or any amendment or addition thereto hereafter made) seeking to effect its reorganization or
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 an
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 ir
writing its inability to pay its obligations generally as they become due; then Landlord may, at its option elect either tc
(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 (determined at the
rate of 8% per annum) of the excess of the rents reserved under the Lease for the balance of the terms from anc
after the date of termination over the fair rental value of the Premises for the balance of the term calculated as of the
date of termination, plus interest thereon from and after 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
4
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, shal
be immediately due and owing to Landlord by Tenant, or Landlord may, after expiration of such cure period, at it
option elect either to (a) continue this Lease in full force and effect notwithstanding the occurrence of such event o
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 presen'
value (determined at the rate of 8% per annum) of the excess of the rents reserved under the Lease for the balance
of the terms from and after the date of termination over the fair rental value of the Premises for the balance of thE
term calculated as of the date of termination, plus interest thereon from and after 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. Landlorc
acknowledges that any property located on the Premises that Landlord identifies as owned by or leased by the State
of Florida or the Florida Senate shall remain the property of the State of Florida or the Florida Senate (the "State
Property"). In the event that Landlord identifies State Property, Landlord agrees to send a certified letter, returr
receipt requested, within fifteen (15) days of identifying such property, to the Office of the President, Florida Senate
informing him or her that the Landlord is in possession of the State Property and requesting that the State o1
Florida or the Florida Senate make arrangements to retrieve the State Property. Said property shall be storec
with Tenant's Personal Property as provided herein. In the event that any Personal Property or State Property ha:
not been retrieved within thirty (30) days from the date when Landlord removes it from the Premises, Landlord shal
have the right, but not the obligation,to dispose of the Personal Property and/or the State Property in any manner a:
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 State 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 cowl
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 tc
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. Landlord shall reimburse Tenant or
demand for all amounts so expended by Tenant. All such amounts not reimbursed within thirty (30) days of demanc
shall accrue interest at the rate higher of twelve percent (12%) per annum or such lesser rate as may be permissible
pursuant to applicable law.
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 tc
time, in writing, delivered to the other party as provided herein:
For 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
5
To Tenant:
District Office: Senator Randolph Bracy
150 North Lakeshore Drive
Ocoee, FL 34761
Tallahassee Office: 213 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
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 requestinc
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 llereunderor any obligation of Landlord or Tenant that can be satisfied by the payment of money.
21. HAZARDOUS SUBSTANCES
Landlord represents, warrants and covenants, to the best of its actual knowledge,that the Premises do not presently
contain and are free from, mold, asbestos and any other hazardous substance and Landlord further agrees tc
indemnify, defend and hold Tenant 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 clean-up work or government enforcement
proceeding in connection therewith. Tenant agrees not to introduce any hazardous material in, on or adjacent to the
Premises. If Tenant's 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
Tenant further agrees to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes 01
action, costs, fees, including attorneys' fees and costs, arising out of or in connection with any clean-up work, of
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.
6
(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) Exhibits. All exhibits attached to this Lease are incorporated herein by reference.
(k) Successors in Interest. Except as otherwise provided in this Lease, all provisions of this agreement shall
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.
(I) 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 Buyer 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.
(m) Continuation. This Lease may be extended by mutual agreement of the parties hereto on a month-to-month
basis under the same terms and conditions for up to three(3)months in order to provide time to draft and execute a
formal lease agreement for any subsequent term.
(n) ADA Compliance. Landlord acknowledges that the Premises will be used as a district office for a member of
the Florida Senate and hereby certifies that the premises comply with all the necessary requirements for access to a
public office under the Americans with Disabilities Act and any related Florida Statutes as of the date of this Lease,and
will continue to do so through the period of this Lease.
[Signature pages to follow]
7
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
Print Name:
By:
Rusty Johnson
Print Name: Mayor
Attest:
Melanie Sibbitt
City Clerk
[AFFIX SEAL]
Executed on:
For use and reliance only by the City of Ocoee, APPROVED BY THE OCOEE CITY COMMISSION
Florida. Approved as to form and legality this AT A MEETING HELD ON
day of UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN&WILSON, P.A.
By:
City Attorney
WITNESSES: TENANT:
By:
State Senator Randolph Bracy
Print Name:
Print Name:
8
EXHIBIT"A"
Building Site Plan
io
3T-1" I.
I
Space Covered u
by Lease a
Y a
U
19'-0"
l' i
J
nn
1