Exh 8HAGENDA ITEM #8H
SEPTEMBER 24, 2001
CITY OF ATLANTIC BEACH
CITY COMMISSION bIEETING
STAFF REPORT
AGENDA ITEM: Lease of Office for Mayport Wate ont Partnership
SUBMITTED BY: Jun Hanson~~
DATE: September 12, 2001
BACKGROUND: The Mayor and Commission of Atlantic Beach authorized
execution of a lease of an office building for the Mayport
Waterfront Partnership on November 24, 1997. The City has paid
$1.00 per yeaz for the property, and has maintained insurance on
the building It is located at 4738 Ocean Drrve in Mayport
The Commission authorized this lease for athree-yeaz period,
and rt has since expu•ed The landlord is willing to renew the
lease at a continuing rate of $1 00 per yeaz with the same
insurance requirements
BUDGET:
RECOMMENDATION: Authorize the Crty Manager to sign a lease on behalf of the Crty
and to execute future lease extensions provided they are under
substantially the same terms
ATTACHMENT: Lease
AGENDA ITEM #SH
SEPTEMBER 24, 2001
LEASE
THE LEASE is made between DeWayne Williams (hereafter called "LANDLORD"),
whose address for purpose of notice under this lease is 4738 Ocean Street, Mayport,
Flonda 32233, and City of Atlantic Beach (hereafter called "TENANT"), whose address
for purpose of nottce under this lease is 800 Seminole Road, Atlantic Beach, Flonda
32233
The parties agree as follows•
1. AGREEMENT TO I.EASF.: DESCRIPTION OF THE PROPERTY.
LANDLORD leases to TENANT, and TENANT rents from LANDLORD, the real
property located at 4453 Ocean Street, Mayport, Flonda 32233
2. TERMS OF LEASE. The term of thrs lease shall be a penod of three (3) years
commencing December 1, 2000, and ending at 1200 midnight on December 1, 2003
Etther Tenant or Landlord may tennmate this lease giving 90 days wntten nonce to the
other party
3. RENTAL.
(a) TENANT shall pay to LANDLORD as rental, at the address set forth above or
at any other address that LANDLORD may destgnate, the annual rent of $1 00
m lawful money of the United States of Amenca, payable upon execution of
the lease agreement
4. TAXES LANDLORD shall be responsible for all mumcrpal, county or state
taxes assessed dunng the teen of this lease on the leased real property TENANT agrees
to pay any taxes levted against the personal property and trade fixtures of TENANT m
and about the premises, provided, however, that if any such taxes of TENANT aze levied
against LANDLORD, or LANDLORD'S property, or if the assessed value of
LANDLORD'S property is increased by the inclusion of the value placed on TENANT'S
property, and if LANDLORD pays those taxes, TENANT, on demand, shall reimburse
LANDLORD for all taxes actually paid/on TENANT'S behalf
5. SUBORDINATION. This lease and all nghts of TENANT hereunder aze and
shall be subject to and subordinate to the nghts of any mortgage holder now or hereafter
having a secunty interest m the leased premises, or any other encumbrances
LANDLORD desires to place on the property
6. TENANTS COVENANTS. TENANT further covenants and agrees as follows
(a) To pay the rent and every tnstallment of it when and as rt comes due, to
use the premises m a careful and proper manner for the expressed purpose
of operating an office, to commit or permit no waste or damages to the
premises, to conduct or permit no business or act that is a nmsance or may
be m violation of any federal, state or local law or ordinance, to surrender
the premises on expiration or termination of this lease m clean condition
and good repair, normal wear and teaz excepted, provided, however, that
all alternations, additions and unprovements permanently attached and
made by TENANT including heat and air condition, rt successors,
subleases and assigns (except movable fumrture, egwpment, supplies,
AGENDA ITEM #8H
SEPTEMBER 24, 2001
inventory installed by TENANT) shall become and remain the property of
LANDLORD on the termination of TENANT'S occupancy of the
premises
(b) To mazntam at all times dunng the lease term, at TENANT'S cost, a
comprehensive public liability insurance policy (mimmum coverage of
$1,000,000) protecting LANDLORD against all claims or demands that
may anse or be claimed on account of TENANT'S use of the premises
AND TENANT further agrees to maintain at all times dunng the lease
farm at TENANT'S cost, broad-coverage fire and casualty insurance
(minimum coverage of $30,000) on its property
(c) To prohibit and refrain from engaging or m allowing any use of leased
premises that will increase LANDLORD'S premiums for insurance on the
building, without the express wntten consent of LANDLORD
To indemmfy and hold harmless LANDLORD and the leased premises
from all costs, loss, damage, liability, expense, penalty and fine
whatsoever that may anse from or be clalmed against LANDLORD or the
leased premises by any person or persons for any m~ury to person or
property, or damage of whatever kind or character ansmg from the use or
occupancy of the leased premises by TENANT, or ansmg from any farlure
by TENANT to comply and conform with all laws, status, ordinances and
regulations of any governmental body or subdivision now or hereafter m
force If any lawsuit or proceeding shall be brought against LANDLORD
or the leased premises on account of any damage, omission, neglect (or
use of the premises) by TENANT, or the agents and employees of
TENANT, or any other person on the prermses, TENANT agrees that
TENANT, or any other person on premises, will defend it, pay whatever
Iudgements may be recovered against LANDLORD or against the
premises on account of it, and pay for all attorneys' fees m connection
with rt, including attomey's fees on appeal
(e) In case of damage to glass in the leased prermses, to replace it with glass
of the same land, size and quality as speedily as possible, and at
TENANT'S expense
(f) To make no alterations m, or addition or unprovements to, or install any
egwpment m, or muntam signs advertising its business on, the premises
without m each case obtaining the consent of LANDLORD If any
alternations, additions or improvements m or to the premises are made
necessary by reason of the special use and occupancy of the premises by
TENANT, then TENANT agrees that TENANT wIIl make all such
alternations, additions and improvements In or to the prermses at its own
expense and m compliance with all bwlchng codes, ordinances and
governmental regulations pertaimng to such work, use or occupancy
TENANT agrees that TENANT will hold LANDLORD harmless against
all expenses, hens, claims and damages to erther property or person that
may or might anse because any repairs, alternations, additions or
improvements that are made
AGENDA ITEM #SH
SEPTEMBER 24, 2001
(g) To permit LANDLORD to enter, inspect and make such repairs to the
leased property as TENANT may reasonably desire, at all reasonable
times
7. LANDLORD'S COVENANTS LANDLORD convenants and agrees as
follows
(a) To warrant and defend TENANT in the enjoyment and peaceful
possession of the premises during the aforesaid term
8. ELECTION BY LANDLORD NOT EXCLUSIVE. The exercise by TENANT
of any nght or remedy to collect rent or enforce its nght under this lease shall not
constitute a waiver of, or preclude the exercise of, any other nght or remedy afforded
LANDLORD by this lease agreement or by statue or law The failure of LANDLORD m
one or more instances to insist on stnct performance or observations of one or more of
the convenants or conditions of this lease, or to exercise any remedy, pnvilege or option
conferred by this lease on or reserved to LANDLORD, shall not operate or be construed
as relinquishment of future waiver of the convenant or condition or the nght to enforce it
or to exercise that pnvilege, option or remedy, but that nght shall continue m full force
and effect The receipt by LANDLORD of rent, or any other payment or part of payment
required to be made by TENANT, shall not act to waive any other additional rent or
payment then due Nor shall receipt, though with the knowledge of the breach of any
convenant or condition of this lease, operate as or be deemed to be a wazver of this
breach, and no waiver by LANDLORD of any of the provisions of this lease, or any of
LANDLORD'S rights, remedies, privileges, or options under this lease shall be deemed
to have been made unless made by LANDLORD in venting
No surrender of the premises for the remainder of the term of this lease shall be valid
unless accepted by LANDLORD m venting TENANT shall not assign nor sublet this
lease without LANDLORD'S pnor wntten consent
9. FLORIDA LA`V. This lease shall be governed by the laws of the State of
Flonda, both as to interpretations and performance
10. ENTIRE AGREEMENT. This lease sets forth all the promises, agreements,
conditions and understandings between LANDLORD and TENANT relative to the leased
premises There are no other promises, agreements, conditions or understanding, either
oral or wntten, between them than are set for m this lease No subsequent alternation,
amendment, change or addition to this lease shall be bmdmg on LANDLORD or
TENANT unless m venting and signed by them, and by direct reference made a part of
this lease
11. TERMS INCLUSIVE. As used herein the terms "LANDLORD" and
"TENANT" shall include the plural whenever the context requires or admits
12. REPRESENTATIVES BOUND HEREBY. The terms of this lease shall be
bmdmg and obligatory on the respective successors, representatives and assigns of the
parties
AGENDA ITEM #8H
SEPTEMBER 24, 2001
IN WITNESS WHEREOF, LANDLORD and TENANT have duly executed ttus Lease
Agreement on
Signed, sealed and delivered
In our presence as witnesses
Approved
By ~'i~Ga1~/s
D ayne Williams
"LANDLORD"
By
James Hanson
Its
"TENANT"
Alan Jensen -City Attorney