Item 3A
«~
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 32240-0457
Telephone (904) 246-2500
July 14, 2004
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Island Club Condominiums-Lease of Parking Space
Dear Jim:
AGEI~IDA ITEM #3A
ATIGUST 23, 2004
Facsimile (904) 246-9960
Mail: AJensenLaw@aol.com
BY HAND DELIVERY
I have revised Resolution No. 04-07 and the Lease of Pazking Space Agreement in accordance with
the directions from the City Commission at the meeting .held July 12, 2004. The originals and
'"~ copies of both documents are enclosed, and I would appreciate you forwarding the originals to
Maureen King for use at the next regularly scheduled Commission meeting on 7uly 26, 2004.
Please note the Lease Agreement refers in paragraph 1 to an Exhibit A, which is a document I
don't have, and I understand you have this document and will attach it to the Lease Agreement.
I also enclose for your information and that of the City Commissioners, copies of Section 281,
Lease By Municipality of Municipally Owned Property, from Florida Jurisprudence, Second
Edition, in which I have highlighted a certain portion regazding no bonds being issued and no
public fund expended, as well as a copy of Attorney General Opinion 97-34 regazding leasing a
portion of a City's airport property to a private individual. And finally, I enclose a copy of the
~„ City of West Palm Beach v. Williams case, a Florida Supreme Court decision cited as: 291 So. 2°~
572, which is referenced in the Attorney General Opinion.
„~, As a result of my reseazch into this matter, it is my opinion that the City has the authority to lease
its property if that property is .not currently needed for municipal purposes. Therefore, if the City
Commission makes a determination that the 10 parking spaces on 10~ Street they are considering
~, leasing to the owner of Island Club Condominiums are not currently needed for municipal
purposes, and the commission is in part making that decision in part because of the more than ten
additional spaces which aze being created at Mandalay Pazk, and those are also public spaces for
AGENDA ITEM #3A
AUGUST 23, 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 Ciry to enter into the parking space leases.
„~, If you have any questions regazding the above or need any further or additional information, please
don't hesitate to contact me.
Enclosures
ACJltdb
truly yours;
«M
AGENDA ITEM #3A
AUGUST 23, 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 parking 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 parking spaces being leased are 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 Park
for beach access, said property is not currently needed for. any municipal purposes.
NOW THEREFORE, BE IT RESOLVED:
4F 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 Parking Space Agreement. Additional conditions that shall apply to the lease of these public
parking spaces are as follows:
(a) The more than ten (10) new public parking spaces at Mandalay Park 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 Park, until the total cost of said construction is recovered.
(c) 9ll 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.
(fl All signs and signage shall be uniform and shall be provided by the City.
~F,('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.
AGENDA ITEM #3A
AUGUST 23, 2004
~T,C'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
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
John S. Meserve
Mayor, Presiding Officer
s•
s.
AGENDA ITEM #3A
AUGUST 23, 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
u.
("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,
10`h Street, Atlantic Beach, Florida, 32233, which is located on that portion of
l Ot~treet 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 parking 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
chazacter 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 #3A
AUGUST 23, 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
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.
(e) Tenant shall register his or her vehicles with the City.
(f) All owners of units at Island Club. Condominiums must participate in
the leasing arrangement and. sign a Lease of Parking 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 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.
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AGENDA ITEM #3A
AUGUST 23, 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 tune 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 automatically renewable on a nearly 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.
Witness print name:
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R. Hanson, City Manager
Attest:
Witness print name: Maureen King, City Clerk
Witness print name:
Witness print name:
TENANT:
a..
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