Item #03 Approval for Renewal of the Rental Lease Agreement for Fire Station 38 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 5, 2018
Item # .�
Reviewed By:
Contact Name: Fire Chief John Miller Department Director: John iller i1.
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Contact Number: 407-905-3140 City Manager: Robert Fr'��I�LL.I
Subject: Approval for Renewal of the Rental Lease Agreement for Fire S - ion 38 I
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 one additional year in 2017, ending on May 31, 2018. The Fire
Department is seeking Commission approval to continue the extension of this lease. The owners have agreed
to continue the lease with current terms and conditions ($18 per square foot) for seven (7) months, June 1
through December 31, 2018, with the option.to exercise an extension to the lease for an additional year at a
new rate of$19 per square foot, from January 1 — December 31, 2019.
Issue:
Should the Honorable Mayor and City Commissioners approve the seven (7) month lease at current terms
and conditions, as well as exercise the option for an extension for an additional one (1) year at a rate of$19 per
square foot, ending December 31, 2019?
Recommendations:
Staff recommends the approval of the seven (7) month lease agreement and to exercise the option for a one (1)
year extension, at the terms and conditions set forth above, ending December 31, 2019.
Attachments:
Third Amendment to Lease
Financial Impact:
The first seven (7) months of the agreement are $18.00 per square foot, equaling $2,160.00 per
month, with the option to extend the lease for one (1) additional year at $19.00 per square foot, $2,280
per month.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x 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. } jpgf,s N/A
Reviewed by 0 N/A
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THIRD AMENDMENT TO LEASE
This THIRD Amendment to Lease (this "THIRD Amendment") is entered into this
day of June, 2018 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").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Lease dated May 7, 2012,
and the First Amendment To Lease dated March 20, 2015 and the Second Amendment To Lease
dated May 2, 2017 (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 are hereby incorporated into the terms and provisions of this
THIRD Amendment.
2. Term: Landlord and Tenant agree to a "Renewal Term" of seven (7) months, which shall
commence on June 1, 2018 and terminate on December 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 twelve
(12) 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 be as follows:
June 1, 2018 - December 31, 2018 $18.00 per square foot $2,160.00 Monthly
January 1, 2019—December 31, 2019 (if exercised) $19.00 per square foot $2,280.00
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 THIRD Amendment shall be binding upon and inure to
the benefit of the parties hereto, their successors and assigns.
2468660-1 11431 0010903
6. The parties executing this THIRD Amendment represent and warrant that each has full
authority to act on behalf of and bind each respective party to this THIRD Amendment.
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 any conflict between the provisions of this THIRD Amendment and the
provisions of the Lease, the provisions of this THIRD Amendment shall prevail.
9. This THIRD Amendment may be signed in multiple counterparts by the various parties.
Each and every counterpart of this THIRD Amendment shall be considered an original
document. The parties recognize that a facsimile or pdf signature upon a facsimile or pdf
copy of this THIRD 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 THIRD Amendment to be
effective as of the date THIRD 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 , 2018.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON
, 2018 UNDER AGENDA ITEM NO.
WITNESSES: LANDLORD:
OCOE, LLC., a Florida limited
liability company
By: Ezon, Inc., its Managing Member
By:
Name: Gary Ittner
Its: Vice President
2468660-1 11431.0010903