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Item #05 Approval for Renewal of the Rental Lease Agreement for Fire Station 38 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 2, 2017 Item # 5 Reviewed By: K , Contact Name: John Miller, Fire Chief Department Directories LTi Contact Number: 407-905-3140 City Manager: �� Subject: Approval for Renewal of the Rental Lease Agreement for Fire S -tion 38 Background Summary: Fire Station 38 is currently housed in a storefront location next to the Publix on West Road. The Fire Department originally entered into a three (3) year rental lease agreement that began on May 7, 2012, was extended for two more years in 2015, and ends on May 7, 2017. The Fire Department is seeking Commission approval to continue the extension of this lease. The owners have agreed to continue the lease for one (1) year beginning May 8, 2017, through May 31, 2018, with the ability to extend the lease for an additional six (6) months, ending November 30, 2018. Issue: Should the Honorable Mayor and City Commissioners consider approval of the one (1) year lease rental agreement with the option of six (6) additional months, ending November 30, 2018? Recommendations: Staff recommends the approval of the one (1) year lease rental agreement with the option of six (6) additional months, ending November 30, 2018. Attachments: Second Amendment to Lease Financial Impact: The first year of the agreement is $18.00 per square foot equaling $2,160.00 per month, with the option to extend the lease for six (6) additional months at $18.00 per square foot. 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 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. Pp N/A Reviewed by 0 N/A 2 SECOND AMENDMENT TO LEASE l'his Second Amendment to Lease (this "Second Amendment) is entered um) this day of April, 2017 by and between OCOE,LLC, a Florida limited liability company(the "Landlord"), and CITY OF OCOEE, Florida a municipal corporation organized and existing under the laws of the State of Florida,(the"Tenant"). W IT NESSE TR: WHEREAS, Landlord and Tenant entered into that certain Lease dated May 7, 2012, and the First Amendment To Lease dated March 20, 2015 (the "Lease"), for approximately 1,440 square feet(the "Premises") of space located in the Fountains West Shopping Center in Ocoee,Florida, as more particularly described in the Lease; WHEREAS, Landlord and Tenant desire to amend, modify and alter the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,intending to be legally bound hereby, Landlord and Tenant agree as follows: 1. The above-stated recitals arc hereby incorporated into the terms and provisions of this Second Anmend:nent. 2. Term: Landlord and Tenant agree to a `Renewal Term" of twelve (12) months, which shall commence on May 8, 2017 and terminate on May 31, 2018, which Renewal Term shall be deemed part of the term of the Lease. Tenant acknowledges and agrees that it shall have one further right to extend the term at the same terms and conditions for six (6) additional months following this Renewal Term. 3. During the Renewal Term,the Fixed Rent(as currently delineated in the Basic Provisions Section(c)and Section 2.01) shall increase and shall instead be as follows: May 8, 2017 - May 31,2018 $18.00 per square foot $2,160.00 Monthly Landlord acknowledges that as a result of Tenant being a municipality no sales tax is collected on rent. 4. All other terms and conditions of the Lease, except as heretofore amended, shall remain unmodified and in full force and effect, 5. The terms and provisions of this Second Amendment shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns. 6. The parties executing this Second Amendment represent and warrant that each has full authority to act on behalf of and bind each respective party to this Second Amendment. 24619660-I 11431 0010903 7, All capitalized terms and words of art which are used but not defined herein shall have the same respective meaning designated for such terms and words of art in the Lease. 8. In the event of arty conflict between the provisions of this Second Amendment and the provisions of the Lease, the provisions of this Second Amendment shall prevail. 9. This Second Amendment may be signed in multiple counterparts by the various parties. Each and every counterpart of this Second Amendment shall be considered an original document. The parties recognize that a facsimile or pdf signature upon a facsimile or pdf copy of this Second Amendment shall be considered effective and binding, notwithstanding any language to the contrary contained in the Lease. IN WITNESS WHEREOF, the parties have executed this Second Amendment to be effective as of the date Second written above. • TENANT: • By: RUSTY JOHNSON Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2017. SHUFFIELD LOWMAN& WILSON, P.A. By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2017 UNDER AGENDA ITEM NO. WITNESSES: LANDLORD: OCOE,LLC.,a Florida limited liability company By: Ezon,Inc., its Managing Member By: Name: Gary lttner Its: Vice President 2468660-1 11411 0010901