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Item 6A ~" AGENDA ITEM: SUBMITTED BY: DATE: BACKGROUND: AGENDA ITEM #6A JULY 26, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Agreement for Lease of Parking Places to Owners of Island Club Condominiums on 10~' Street Jim July The possible lease of parking places to owners of the Island (;tub Condominiums on 10 Street was deferred pending further clarification of the opinion from the City Attorney about the commission's authority to lease the places. This staffreport is to provide additional clarification on that legal question as well as to pass along more information on the city's ability to create additional beach parking places both at Mandalay Park and adjacent to the Island Club Condominium complex. Alan Jensen has provided an opinion that the City can proceed with leasing of the parking places next to the condominium complex if the Commission would first make a determination that these leased spaces will not be needed after alternative public parking is made available. His opinion incorporates several of the provisions recommended by Mayor Meserve at the July 12`h meeting including a condition that the new parking places be completed and available to the public prior to leasing the existing places on 10~' Street to the condominium owners. Alan Jensen has also revised the authorizing resolution to require that the money received from the lease go to paying for the improvements needed to make the additional parking places available to the public. A copy of his opinion on this matter dated July 14, 2004 is attached for your review. Plans for additional parking places at Mandalay Park as well as the 10`~ Street lot have been further developed since the last meeting. The plan now calls for several improvements to the Park which will include the addition of 14 parking places along the south and east sides, the removal of a significant amount of pavement on the Seminole frontage and corresponding expansion of green space and new trees, as well as the addition of a public shower to be located at the southeast corner. The cost for these improvements, including engineering is estimated at $35,625. Four more parking places can be added along l Ot'` Street. Three of these can be accomplished through the restripping of the existing places so that they will be perpendicular to the condominium complex. Drivers will then ,~• AGENDA ITEM #6A JULY 26, 2004 fmd it easier to get out of the parking places and return to Beach Avenue. One additional parking place can be added by relocating the curbing on the west side of the existing parking and adding a small amount of paving. The estimated cost of restripping, curb work and additional pavement is estimated at $4,945. BUDGET: The total estimated cost for the Mandalay Park improvements is $35,625 and the estimated cost of the l Oth Street improvements is $4,945 for a total of $40,570. Funds are available in the Half-Cent Sales Tax, although a budget modification will be needed prior to signing contracts for the work. RECOMMENDATION: That the City Commission approve the resolution authorizing the signing of leases for the parking places with a rental amount that is sufficient to cover the cost of the construction of new parking in Mandalay Park and on 10th St. ATTACHMENT: 1) Letter from Alan Jensen dated July 14, 2004 2) Revised Resolution 04-07 3) Lease of Parking Space ~, ALAN C. JII~18EN Attorney at Law 935 North Third Street !~"'' Post Office Box 50457 Jacksonville Beach,F7orida 32240-0457 ^. Telephone (904) 246-2500 July 14, 2004 James R. Hanson, City Manager City of Atlantic Beach 800 Seminole Road ?,ttantic Beach, FI. 32233 RE: Island Club Condominiums-Lease of Pazking SPaCe AGENDA ITEM #6A JULY 26, 2004 Facsimile (904) Z46-9960 E.Mail: AJensenLaw~aol.com BY HAND DELIVERY Dear Jim: Resolution No. 04-07 and the Lease of Parking Space Agreement in accordance with I have revised held Jul 12, 2004. The originals and the directions from the City Commission at the meeting you forwarding the ongulals to copies of both documents are enclosed, and I would appr~te y on Jul 26, 2004. Maureen King for use at the next regularly scheduled Commission meeting y note the Lease Agreement refers in paragraph 1 to an Exhibit A, which is a document I Please Bement. don't have, and I understand you have this document and will attach it to the Lease Agr also enclose for your information and that of the City Commissioners, copies of Section 281, rudence, Second Lease By Municipality of Municipally owned Propert)'~ from no bonds being issued and no ted a certain portion regazding a Edition, in which I have lughhgh of Attorney General Opinion 97-34 regazding leasing public fund expended, as well ~ a ~Py I enclose a copy of the portion of a City's airport property ~ a Private individual. And may' t Palm Beach v. Williams case, a Florida Supreme Court decision cited as: 291 So. 2°~ City of Wes uuon. 572, which is referenced in the Attorney General Op~ As a result of my research into this matter, it is my opinion that the City has the authority to lease is not currently needed for municipal purposes. 'Therefore, if the City its property if that property on 10'~ Street they are considering Commission makes a determination that the 10 parking spaces for municipal leasing ~ the owner of Island Club Condominiums are not curre~use off t~h more than ten purposes, and the commission is in part making that decision in part ublic spaces for additional spaces which are being created at Mandalay Pazk, and those are also p AGENDA ITEM #6A JULY 26, 2004 beach access, then it is my opinion the City can proceed with leasing of the spaces to the Island Club Condominium owners, pursuant to all the terms of the Resolution and the Lease of Parking Space Agreement. Obviously the Resolution No. 04-07 must be passed to provide the legislative authority for the City to enter into the pazking space leases. ~• If you have any questions regazding the above or need any further or additional information, please don't hesitate to contact me. Vey truly yours, ALAN Enclosures ACJ/tdb AGENDA ITEM #6A JULY 26, 2004 A RESOLUTION OF TAE CITY OF ATLANTIC BEACA, FLORIDA, 0"" APPROVING THE LEASE OF PARKING SPACE AGREEMENT FOR OWNERS OF ISLAND CLUB CONDOMINIUMS, AUTHORIZING TAE 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 pazking spaces on 10~ Street for their residential pazking needs, and WHEREAS, the City of Atlantic Beach has reached an agreement with Island Club '"' Condominiums to lease certain of the public pazking spaces on 10`~ Street immediately adjacent to the condominiums for use by the owners of the condominiums for their residential parking needs, and WHEREAS, no bonds are being issued and no public funds aze being expended in connection '~ with the lease of said parking spaces to the condominium owners, and WHEREAS, the pazking spaces being leased aze on property owned by the City and, by virtue of the City identifying and completing more than ten (10) new public parking spaces at Mandalay Pazk for beach access, said property is not currently needed for any municipal purposes. NOW THEREFORE, BE IT RESOLVED: ~,~, SEC'TT(~N 1 _ The City of Atlantic Beach does hereby agree to lease certain public pazking 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 Pazking Space ~,. Agreement, a copy of which is attached hereto. The City of Atlantic Beach hereby approves said Lease of Parking Space Agreement. Additional conditions that shall apply to the lease of these public pazking spaces are as follows: (a) The more than ten (10) new public parking spaces at Mandalay Fazk shall be completed and ready for use pricer to the leased spaces on 10~' Street being marked and the lease agreements for said spaces being signed. (b) Payments received from the lease of spaces on 10`~ Street shalLbe applied to the construction of the new spaces at Mandalay Pazk, until the total cost of said construction is recovered. (c) All owners of units at Island Club Condominiums must participate in the leasing arrangement and sign a Lease of Parking Space Agreement. (d) The ten (10) lease spaces on 10`~ Street shall be contiguous and located at the west end of the block, furthest away from the ocean. (e) All vehicles using the leased spaces shall be registered with the City. ~r (fl All signs and signage shall be uniform and shall be provided by the City. SF('.TTON 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. ~" AGENDA ITEM #6A JULY 26, 2004 ST+'('.TT(~N 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 form and correctness: ALAN C. JENSEN, ESQUIRE ~„ City Attorney AGENDA ITEM #6A JULY 26, 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, 10th Street, Atlantic Beach, Florida, 32233, which is located on that portion of l Ott 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 parking 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 popularity of accessing the oceanfront beach, it has become more and more difficult for Tenant to find pazking spaces 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 are 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 parking, 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 character of the City, that certain public parking spaces on 10th 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 has created more than ten (10) additional public parking spaces at Mandalay Park for beach access that replace the spaces on 10th Street east of Beach Avenue which will be leased to private property owners at Island Club Condominium. ~" ~" AGENDA ITEM #6A JULY 26, 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) year beginning October 1, 2004, and ending September 30, 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 October 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 City 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 "~' pazk in said spaces any RVs, campers, trailers, boats, commercial vehicles, and the like. T'he leased space shall be used by Tenant only in connection with his or her residence at Island Club Condominium. (e) Tenant shall register his or her vehicles with the City. '"'~ (fl All owners of units at Island Club Condominiums -must participate in the leasing arrangement and sign a Lease of Pazking Space Agreement. 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 pazking 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. 2 AGENDA ITEM #6A JULY 26, 2004 5. The covenants and agreements herein contained shall, subject to the terms of this lease, bind and inure the benefit of City and Tenant, their successors and assigns, except ~ as otherwise may be provided herein. 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. After the expiration of the initial one (1) year specified in paragraph 1 above, this ~* lease will be automatical~ 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 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 first above written. CITY OF ATLANTIC BEACH, FLORIDA Witness print name: Witness print name: Witness print name: Witness print name: By: James R. Hanson, City Manager Attest: Maureen King, City Clerk TENANT: 3 AGENDA ITEM #6A JULY 26, 2004 ~" +~" ,x- .~' ~ ~ ~~R~ gl.~' €, / ~I I ~ ~ 1 ~ s ` s ~ ~ ~ ti -~ ~4 N ~ t ~~ ~ ~ `- 'ic L u ~~ C ~ QQ ~ ~j _ ~ S y'~ 7~ ~ YU7 0 ~ ,~ ~ ~ ~ ~ ~ ti ~ ~- - ti .~ ~~ t~ ~• ~~ 1 ~_ ~ ~~ ~ ~ l 4 ~~ ~ _+' -~ ti ~ `' o -~ ti~- ~ N ~" -L ~.! ~~~~~ w. 1 J AGENDA ITEM #6A JULY 26, 2004