Item 3A
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AGENDA ITEM 3A
SEPTEMBER 27, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Lease for Parking Spaces on 10th Street with the Island Club
Condominiums
SUBMITTED BY: Jim Hanson, Cit Mana
BACKGROUND: At the last City Commission meeting on September 6th, the Commission
approved a resolution authorizing the lease often parking spaces to
owners of the Island Club Condominiums on 10th Street based upon
certain conditions including the requirement for the Townhouse owners to
form an organization so that the lease will be with one entity rather than
10 individual owners and that there be no connection with the creation of
new parking spaces at Mandalay Park. Attached is a revised lease, which
complies with those conditions.
DATE: September 20, 2004
One of the conditions in the lease was that the City identify ten additional
'~' public parking spaces for beach access. Following are the spaces that are
recommended to comply with this requirement;
- Three spaces can be added by restripping the present parking
adjacent to the 10th Street townhouses. Most of these presently
exceed 11 feet in width. To reduce these to the standard 10 feet
width will allow for three additional parking spaces.
- One parking space can be added on the west end of the line of
parking spaces presently being used by the 10th Street Townhouse
owners by moving the curb and reducing some of the presently
grassed area.
- Five parking spaces have recently been created on the beach end of
15th Street. These had been blocked from public parking for many
years. The barricades have recently been moved so that the general
public can use them.
- One parking space and probably two can be added on the south side
of Ahern Street between Beach and Ocean. This parking would be
beside the Sea Turtle's northern most parking lot and can be created
by reconfiguring the curb line and removing the old bolsters that
blocked access to driveways to that parking lot, which are no longer
in use.
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AGENDA ITEM 3A
SEPTEMBER 27, 2004
BUDGET: The estimated cost for restripping and moving the curb on 10"' Street is
$5,000. Although no cost has yet been estimated for the Ahern Street
parking, the work appears to be similar in nature to 10th St. and should be
under $5,000 making the total cost for creation of these new parking
places to be under $10,000.
RECOMMENDATION: The City Commission should consider the amendments made to the
proposed lease for the 10th Street parking and either approve the lease or
advise what additional amendments made be needed. The City
Commission should also approve the creation of the ten additional parking
spaces as listed in this report to comply with the terms of the lease
agreement.
ATTACHMENTS: Lease for parking spaces prepared by City Attorney Alan Jensen
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,~,. 63/15/2004 13:13 904-246-9960 ALAN C JENSEN ATTY
AGENDA ITEM 3A
SEPTEMBER 27, 2004
l~EASE OE PARKING SPACE
Lease agree~anent entered into tlus_day of October, 2004, by and between the
~ City of Atlantic Beach, a Florida municipal corporation, 800 Serninolo Road, Atlantic
Beach, Florida, 32233 ("City"), and The Island Club Condominiums, lOs'
Street, Atlantic Beach, Florida, 32233 ("Tenant").
WH.EREA.S, City is the owner of alt public rights of way in Atlantic Beach
including that portion of 10'~ Sveet located east of Beach Avenue, and
WHEREAS, Tenant is a legal entity known as The Island Club Condominiums,
l0a` Street, Atlantic Beach, Florida, 32233, wk~icla is located on that portion of
l O~Stre~et that is east of Beach Avenue, and
WHEREAS, The Island Club Condominiums were. previously apactmenfs which
were converted to condominiums in 1979 with approval and consent of City, and at the
time with limited parking on site, thereby making ownerslresidents of the condominium
units totally dependent upon public parking spaces on 10's Street for their residential
parking needs, and
'~ WHEREAS, due to the extensive growth of Atlantic Beach and its surrounding
commu~aities since 1979, including the dramatic increase in population, traffic, a~ad
popularity of accessing the oceanfront beach, it has become more and more difficult foz
~" Tenant to find parking spaces available for use at his or ber condominium unit, including
those public spaces immediately adjacent to the condominiums because of use of said
spaces by the public who are not residents of the condominium, and
WHEREAS, the location of The Island Club Condominiums and its lack of on
site private parking for residential purpose is unique in Atlantic Beach, was created, in
part, witlx the City's consent and approval, and creates a situation for residents and
property owners in Atlantic Beac2a to have no parking, at times, at their own residence,
and
WHEREAS, the City Commission has determined it to be in the best irrterests of
the City and all of its residents, in the continuing ef'£orts to maintain the residential.
character of the City, that certain public parking spaces on l0a' Sired east of Beach
~'" Avenue be leased to The Island Club Condominiums to provide them with private
parking for their residences, and
WHEREAS, the City has identified more than ten (10) additional public parking
spaces elsewhere in the City for beach access.
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!~" 0'3/15/2004 13:13 904-246-9960 ALAN C JENSEN ATTY
AGENDA ITEM 3A
SEPTEMBER 27, 2004
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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 spaces 5-10. 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 ins the amount of $3,000.00 per year, plus arty
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 spaces 1-10 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 uumberiztg of said spaces.
(d) Tenant shall park only passenger vehicles in the leased space,
including cars, trucks, SLTVs, motorcycles, and the like, and shall NOT
park io said spaces azry RVs, campers, trailers, boats, commercial
vehicles, and the like. The leased apace shall be used by Tenant only in
connection with The Island Club Condominiurms.
(e) Tenant shall register all vehicles which_ will use these parking spaces
with the City.
2. Tenarrt shall indemnify and hold the City hazmless from any and all claims and
demands which may arise from Tenant's lease of parking spaces 1-10 hereunder,
including any claims and demands for damages to third parties and/or then vehicles
~"' resulting from Tenant having a vehicle towed or removed from his or her leased parking
apace.
~. 3. Tenant shall not assign or sublet the parking spaces leased hereunder in any form
or fasbuon, shall not mortgage or encumber said spaces in whole or in part, and shall nat
suffer or permit the leased spaces 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
SEPTEMBER 27, 2004
5. The covenants and agreemems herein contained shall, subject to the terms of this
lease, bind and inure the benefit of City and Tenant, their successors and assigzts, 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 cxpirat3on of the initial one (1) year specified in paragraph 1 above,
lease shall automatical~ renew on a yearly basis. City shall have the right t4 increase the
annual rent by not more than the average increase in property values in Atlantic Beach as
deteamined by tax digest.
s 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 Icase 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 ~trst above written.
CITY OF ATLANTIC BEACH, FLORIDA
witness print name:
Witness print ~nantc:
Witness print name:
Witnee pint namc:
By:
lames R Hanson, City Manager
Attest:
Maureen King, City Clerk
TENANT:
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