Item 6A
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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
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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.
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(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.
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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.
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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.
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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:
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AGENDA ITEM #6A
JULY 26, 2004
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AGENDA ITEM #6A
JULY 26, 2004