Item 6B
AGENDA ITEM #6B
JULY 12, 2004
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR
OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING THE
CITY MANAGER TO SIGN SAID LEASES, AND PROVIDING AN
'"" EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach has determined that owners of the condominium units
'"" located at Island Club Condominiums, which is on 10`~ Street located east of Beach Avenue, are totally
dependent upon public parking spaces on 10~' Street for their residential parking needs, and
WHEREAS, the City of Atlantic Beach has reached an agreement with Island Club
Condominiums to lease certain of the public parking spaces on 10`~ Street immediately adjacent to the
condominiums for use by the owners of the condominiums for their residential pazking needs, and
WHEREAS, no bonds are being issued and no public funds are being expended in connection
with the lease of said parking spaces to the condominium owners, and
WHEREAS, the pazking spaces being leased are on property owned by the City and said
property is not currently needed for any municipal purposes.
NOW THEREFORE, BE IT RESOLVED:
SF,C'.TTnN 1 _ The City of Atlantic Beach does hereby agree to lease certain public parking
spaces on 10'~ Street east of Beach Avenue to the owners of the condominium units at Island Club
Condominiums, in accordance with the terms and conditions as set forth in the Lease of Parking Space
Agreement, a copy of which is attached hereto. The City of Atlantic Beach hereby approves said
Lease of Pazking Space Agreement.
SF("'TTnN 2_ The City Manager is hereby authorized to sign on behalf of City of Atlantic
Beach the Lease of Parking Space Agreements for the respective owners of the Island Club
Condominium unit owners.
SF('.TTnN 3_ This resolution shall become effective immediately upon it final passage and
adoption by the City Commission.
PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this
day of July, 2004.
ATTEST:
Maureen King, City Clerk
John S. Meserve
Mayor, Presiding Officer
Approved as to foam and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
AGENDA ITEM #6B
JULY 12, 2004
LEASE OF PARKING SPACE
~ Lease agreement entered into this_day of July, 2004, by and between the City
of Atlantic Beach, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach,
Florida, 32233 ("City"), and owner of Island Club
Condominium Unit# 10 Street, Atlantic Beach, Florida, 32233
("Tenant").
WHEREAS, City is the owner of all public rights of way in Atlantic Beach
including that portion of 10th Street located east of Beach Avenue, and
'"" WHEREAS, Tenant is the owner of Unit # at Island Club Condominium,
l Oth Street, Atlantic Beach, Florida, 32233, which is located on that portion of
10`~Street that is east of Beach Avenue, and
WHEREAS, Island Club Condominium was previously an apartment building
which was converted to condominiums in 1979 with approval and consent of City, and at
the time with limited parking on site, thereby making owners/residents of the
condominium units totally dependent upon public pazking spaces on 10th Street for their
residential parking needs, and
WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding
communities since 1979, including the dramatic increase in population, traffic, and
populazity of accessing the oceanfront beach, it has become more and more difficult for
Tenant to find a pazking space available for use at his or her condominium unit,
including those public spaces immediately adjacent to the condominium, because of use
of said spaces by the public who aze not residents of the condominium, and
~, WHEREAS, the location of Island Club Condominium and its lack of on site
private parking .for residential purpose is unique in Atlantic Beach, was created, in part,
with the City's consent and approval, and creates a situation for residents and property
~, owners in Atlantic Beach to have no pazking, at times, at their own residence, and
WHEREAS, the City Commission has determined it to be in the best interests of
the' City and all of its residents, in the continuing efforts to maintain the residential
chazacter of the City, that certain public pazking spaces on l Oth Street .east of Beach
Avenue be leased to private property owners of units at Island Club Condominium to
provide them with private parking for their residences, and
WHEREAS, the City is in the process of identifying additional public parking
~. spaces for beach access that will replace of the spaces on 10~' Street east of Beach
Avenue which will be leased to private property owners at Island Club Condominium.
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AGENDA ITEM #6B
JULY 12, 2004
,~„ NOW THEREFORE, in consideration of the mutual covenants and promises set
forth herein, including payments to be made hereunder, and other valuable consideration,
the receipt and sufficiency of which is acknowledged by all parties, it is
AGREED AS FOLLOWS:
1. City hereby leases to Tenant the use of parking space # , as shown on
Exhibit A attached hereto, for an initial term of one (1) yeaz beginning August 1, 2004,
and ending July 31, 2005, on the following terms and conditions:
(a) Tenant shall. pay rent in the amount of $300.00 per year, plus any
applicable taxes, which amount shall be paid in full to the City on or
before August 31, 2004.
(b) If Tenant fails to timely pay the rent required hereunder, the right to
lease space# shall be cancelled, terminated, and forever
extinguished
(c) The Tenant shall provide and erect all necessary signage to indicate the
reserved parking spaces, including the numbering of said spaces.
(d) Tenant shall park only passenger vehicles in the leased space,
including cars, trucks, SUVs, motorcycles, and the like, and shall NOT
park in said spaces any RVs, campers, trailers, boats, commercial
vehicles, and the like. The leased space shall be used by Tenant only in
connection with his or her residence at Island Club Condominium.
2. Tenant shall indemnify and hold the City harmless from any and all claims and
"~ demands which may arise from Tenant's lease of parking # hereunder, including
any claims and demands- for damages. to third parties and/or .their vehicles resulting from
Tenant having a vehicle towed or removed from his or her leased parking space.
3. Tenant shall not assign or sublet the parking space leased hereunder in any form
or fashion, shall not mortgage or encumber said space in whole or in part, and shall not
suffer or permit the leased space or any part thereof to be used by others.
4. City has the absolute right to terminate this lease at any time upon giving thirty
(30) days written notice to Tenant at Tenant's address set forth above. In the event a
termination occurs during any twelve (12) month lease period for which Tenant has paid
in full, City shall reimburse Tenant on a pro rata basis for the unused period of said lease.
5. The covenants and agreements herein contained shall, subject to the terms of this
lease, bind and insure to the benefit of City and Tenant, their successors and assigns,
except as otherwise may be provided herein.
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AGENDA ITEM #6B
JULY 12, 2004
6. Tenant shall abide by such rules as may be established from time to time by the
City covering the use of said parking space.
7. Aafter the expiration of the initial one (1) year term specified in paragraph 1
above this lease will be automatically renewable on a yearly basis. City shall have the
right to increase the annual rent by not more than the average increase in property values
in Atlantic Beach as determined by the tax digest. .
8. This lease contains the entire agreement between the parties and shall not be
modified in any manner except by an instrument, in writing, executed by both parties and
their respective successors in interest.
9. This lease shall be construed in accordance with the laws of the State of Florida
and the City of Atlantic Beach.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year fast above written.
Witness print name:
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R. Hanson, City Manager
Wifiess print name:
Wifiess print name:
Witness print name:
Attest:
Maureen King, City Clerk
TENANT:
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