Agenda Item 3A- 9-13-04July 14, 2004
AGENDA ITEM #3A
SEPTEMBER 13, 2004
Facsimile (904) 246-9960
Mail: A7easenLaw~aol.com
BY HAND DELIVERY
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
ALAN C. JF~TSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonville Beach, Florida 322130-0457
Telephone (904) 2A6-2500
RE: Island Club Condominiums-Lease of Pazking Space
Dear Jim:
I have revised Resolution No. 04-07 and the Lease of Parking 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 regulazly scheduled Commission meeting on July 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 regarding 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 research 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 aze 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 are being created at Mandalay Pazk, and those aze also public spaces for
AGENDA ITEM #3A
SEPTEMBER 13, 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 Pazkdng
Space Agreement. Obviously the Resolution No. 04-07 must be passed to provide the legislative
authority for the City 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.
Vey truly yours,
ALAN
Enclosures
ACJ/tdb
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AGENDA ITEM #3A
SEPTEMBER 13, 2004
R F, ~ (ZT ~T TTT (~N N (~ _ 114-07
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVPtIG THE LEASE OF PARKING SPACE AGREEMENT FOR
OWNERS OF ISLAND CLUB CONDONLTNIUIYIS, AUTHORIZING THE
CITY lYIANAGER 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 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 are being expended in connection
with the lease of said parking spaces to the condominium owners, and
WHEREAS, the parking 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 Park
for beach access, said property is not currently needed for. any municipal purposes.
NOW THEREFORE, BE IT RESOLVED:
S,F' C'TT (1N 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 Is]and 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 aze as follows:
a) The more than ten (10) new .public parking spaces at Mandalay Palk shall be
completed and ready for use pricer fo 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 lOm Street shalLbe applied to the
construction of the new spaces at Mandalay Park, unt~1 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 Pazking Space Agreement.
d) The ten (10) lease spaces on 10`~ Street shall be contiguous and located at the west end
of the block, fi.irthest away from the ocean.
e) All vehicles using the leased spaces shall be registered with the City.
f) All signs and signage shall be uniform and shall be provided by the City.
SF['TT(1N 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
SEPTEMBER 13, 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 10`h Street located east of Beach Avenue, and
WHEREAS, Tenant is the owner of Unit ~ at Island Club Condominium,
10~ 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 parking spaces on 10`~ Street for they
residential pazking 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
character of the City, that certain public pazking spaces on 10~' Street east of Beach
Avenue be leased to private property owners of units at Island Club Condominium to
provide them with private pazking for their residences, and
WHEREAS, the City has created more than ten (10) additional public pazking
spaces at Mandalay Park for beach access that replace .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 #3A
SEPTEMBER 13, 2004
NOtiV 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 ofwhich is acknowledged by all parties, it is
AGREED AS FOLLOWS:
1. City hereby leases to Tenant the use of parking space # , as shower 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) Ali 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 pazking # 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 pazking 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
SEPTEMBER 13, 2004
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 tune 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 veazlY 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 punt name:
Witness print name:
Witness print name;
Witness print name:
CITY OF ATLANTIC .BEACH, FLORIDA
By:
James R Hanson, City Manager
Attest:
Maureen King, City Cleric
TENANT:
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