HomeMy WebLinkAboutStandard Pacific of Florida Temporary Lease Agreement 2017 09 21 N
TEMPORARY LEASE AGREEMENT
THIS TEMPORARY LEASE is made and entered into as of the day of September
2017, between STANDARD PACIFIC OF FLORIDA, a Florida General Partnership with a
principal address of 15360 Barranca Parkway, Irvine, California 92618, (hereinafter collectively
referred to as "Property Owner") and THE CITY OF WINTER SPRINGS, FLORIDA, a
Florida municipal corporation, with a principal address of 1126 East State Road 434, Winter j
Springs, FL 32708 (hereinafter referred to as "City").
WHEREAS, due to the damage caused by Hurricane Irma, the City, in conjunction with
county,state,and federal agencies,is engaged in disaster relief clean-up of vegetative storm related
debris within the jurisdictional limits of the City of Winter Springs and elsewhere in the State of
Florida; and j
WHEREAS, the City has retained the services of contractor to perform disaster relief
services including the collection and processing of vegetative storm related debris;and
WHEREAS, the City is need of a staging and debris processing area at which contractor
can perform the disaster relief services mentioned herein;and
F
WHEREAS, Property Owner is the owner of real property located on Tuscawilla Road
within the City of Winter Springs which is suitable for the staging and processing of vegetative
storm related debris which will be performed by contractor on the City's behalf; and k
i
WHEREAS,the parties desire to enter into this lease agreement for purposes of facilitating
the Hurricane Irma disaster relief efforts within the City of Winter Springs.
i
NOW THEREFORE, in consideration of one dollar and other good an valuable I
consideration, the receipt and sufficiency of which is acknowledged by the parties, and the
covenants and promises contained herein,the parties hereby agree as follows:
i
I
ARTICLE I-.DEFINITIONS
I
1.01 Dei"ur�itions. The following words shall have the meaning ascribed below unless the
context clearly indicates otherwise:
A. "Article"means an article of this Lease.
i
B. "Commencement Date" means the first day of the Term of this Lease which shall
be September 18,2017.
i
r
C. "Lease" means this Lease, exhibits to this Lease, and every properly executed
instrument which by its terms amends,modifies or supplements this Lease.
1 I
r
I
D. "Premises" or "Property" shall mean the real property described in Article 2.01
which is the subject of this Lease.
E. "Rent" means the amount payable by City to Property Owner for the lease of the
Premises.
R "Terni"means the period of time set out in Article 3.0.1,
ARTICLE 11-GRANT OF LEASE
............
2.011 Grant, Property Owner hereby demises and. leases the following premises to City, and
................................
City hereby leases and accepts the j..')rerriises fiorn P,#-uped., Own.or, to have mid to hohl during the
Tenn,,,fb.-r the public purposes provided herein and subject to the terms,,n-ld conditions ofthis Lease.
The Premises shall consist of a portion of the property identified and legally described and depicted
in Exhibit"A,"which is attached hereto and incorporated Iiierein by this reference,
2.02 QgdS,1J&p,j,2yLnqp .. Propert-.Y Owner shall warrant arad defend the City, in the quiet
opJ(.)yment and possession.of the Premises during the Terre„subject to the tenns and conditions of
this Lease.
2.03 Covenant so ff-I ya)L-rty igil CLIy,amid Cott firac tor. Prol?erty0w.meroo-vc.�nantsfllat
it is se:iF�7cd"7wj7jW—f-e
simple ownership of the Premises, that Property Owner will observe and
perforrn all of the te#.-°rns and conditions of this Lease,and that the executor of this Lease:,on behalf
of Property Owner,,is duly authorizedto execute dries Lease. City covenants to pay the Rent when
due under this Lease and to observe arid,perform all.of the termsand conditions of this Lease.
104 Pi Owner's Aiecess.to the.Pre.unises. The,Property Owner shall have access at all
,—MR-Y ---
1'essonabletimes to the Premises,for purposes qYf accessing adjoining property owned by Prol)erty
Owner and Which is otherwise inaccessible, provided however, such access by.111,)ropcuty Owrier
shall have a minimum impact upon the City's use of the Premises fbr the purposes provided herein.
ARTICIAE 1111-TIER POSSESSION
3.01 Term. The of this Lease shall commence retroactively on September 18, 2017
("Cornmencement Date") and terminate at such time that this-, City notifies Property Owner, in
writing, that they 11iave completed disaster relief efforts due to Hurricariie Irma, In no event,
'however, shall this Lease extend beyond three (3) months after the a-f6rernentioned
Comr.11enceinent Date (I)coornber 19, 2017 at 11:59 P.U, EST) Lnale�ss inutually agnxW to in
writing by the parties, Notwithstanding the foregoing,the City may terminate the lease sooner by
providing written notice to the Property(3wrier provided the City has complied with the restoration
requirements set forth,in Section 10.01 of this Lease.
3,02 Condition of Premises. Except as otherwise specifically p:-ovidcd in this.I.ease,'Proper.-ty
... .. ......... — Y I
Owner disclaims any warranty regarding the condition of the Prernises, whether patent or latent,
and City shall accept the Premises in its"as is"condition,including,without limitation,any defects
which exist on the Commencement Date. The City acknowledges that the Premises are now in
suitable condition for the staging disaster relief efforts including the processing of vegetative storm
related debris caused by Hurricane Irma.
ARTICLE IV- OCCUPANCY COSTS AND OTHER CHARGES
..............
4.01 Annual Rent. City shall pay to Property Owner, as rent for the Premises, the lump sum
of Ton&No/I 00 Dollars($10.00)payable in advance.
ARTICLE V-USE OF PREMISES
5,OJ GencrAoy. The Premises shall be used and occupied b,y the City and its disaster relief
contracio-Tr , and their resr)ective subcontractors and agents, for the establishment, operation and
mai-atenance of a.temporary staging area for disaster relief efforts and as aw.:11getative stonn debris
collection,processing and transportation point for the use and benefit of the citizens and property
owners of the City of inter Springs, Florida. The City and its contractors shall be.pertnitted to
locate a portable trailer(s)or building on the Premises and shall also be permitted to park..and store
equipment,supplies,goods and machinery drat are,necessary-to complete the City's disaster relief
and vegetative storm.debris operations on.the Promises..
5.02 P MAy fLvUw�c ,Construction Site. The City acknowledges that the Property Owner
is currently in the process of developing the Premises and the surrounding real property pursuant
to a development permit previously issued by the City. The City agrees that during its use of the
Premises,, that it will -maintain an adequate distance separation between the Property Owner's
ongoing construction activities within the surrounding property and the City's disaster relief and
vegetative storm debris activities occurring on the Premises.
A.RinCLE V1-.MAINTENANCE ALTERATIONSAND
..........
IM,PRGVEMENTS BY CITY- UTILITIES
6.01 Condition of Premises. The City and its contractors shall maintain the Premises and all
improvements therein in.their condition as they exist on the Commencement Date,less reasonable
wear and tear,at City's sole cost and expense.
6.02 Alteratiams,py lit. 'llic City may from time to time, at the City's expense, make
Changes, additions and improvements in the Promises to better adapt the same to be used in
accordanc,e with the purposes set fbith in Section. 5.01 herein, provided that any such. change,
addition aDr improvement shall comply with the requirements of any governmental authority having
jurisdiction.
6.03 Utilities., During the City's occupancy and use of the Premises, the City may require
certain'Zililte—son the, Premises, To the extent there are existing utilities on the Premises, the
Property Owner will work.with the City to allow the City to use such uitififies, If no utilities are
3
currently available,the Property Owner will allow the City to deliver utilities to the Premises. The
cost of delivering utilities to the Premises and/or the cost of service for the utilities shall be borne
by the City.
ARTICLE VII-INSURANCE
..........
7.01 The City shall provide the Property Owner with
proof of insurance upon written request of the Property Owner.
ARTICLE VIII -INJURrswY TO PERSON OR PROPERTY
The following shall survive the termination of this Lease aiad shall remain in effect until the
applicable statute of limitations have lapsed:
of To the extent pertnitted by law, the City covenants and agrees that it
will remain responsible and will indemnify and hold Property Owner harmless for y claim,loss,
damage, cost, charge or expense, up to 'but not exceeding the limits set forth in Section 768,28,
Florida Statutes, arising out of any breach, act, neglect or omission by the City, its officers,
employees, agents, contractors, or subcontractors dunng the performance of, or as required by,
this Agreement, Nothing in this Lease shall alter the City's sovereign immunity established.by
Section 768.28,.IFlorida Statutes.Further,nothing in this.Lease shall require the City to indemnify
the Property Owner for any claim, loss, damage, cost,charge or expense arising out of any act or
gross negligence of the Property Owner, its officers, employees, agents, contractors, or
subcontractors during the perfonnance of this Agreement.
8.2 Iiksurance� The City currently maintains insurmice with the Florida :league of Cities
Insurance Trust Crrw-,,V'). However, the Property Owner acknowledges that the Trost does not
allow the City to name a private entity as an additional named insured. With that said, the City
will require its contractors performing work on the Property to maintain general liability insurance
and to provide certificates of insurance naming the City and Property Owner as additional narned
insureds on the contractor's general liability policy.
83 L W11ftAgItIfor jftqpgg t A.11 property which is brought onto the Premises by
ia :j P
the City or on behalf of the City shall be at the sole risk ofthe City. The Property Owner shall not
be liable to the City or any other person or entity claiming by, through or under the City for any
injury, loss, or damage to the property to any person on said Premises, except for the Property
Owner's own acts of gross negligence. The City shall not bring or intentionally or willfully permit
any person or entity to bring any hazardous substances on the Property, as the terni hazardous
substance is defined by state and,federal environmental laws.
ARTICLE IX-CT11"Y ASSIGNMNT EA ND SUBLETTING
.............
9..01 A smt a spent or Sublefts0py, fit City shall not assign this Lease or s4blet the Premises
without the prior written consent of'Property Owner,
4
ARTICLE X-TERMINATION
10.,01 Renlovw oil'Imlmyvements lipon termination of the lease, the City shall rernove all
improvements rnade to the Prerritises, and all vegetative and other storm related debris brought to
the Pretnises or n-adched at the Prernises as part of the Hurricane Irrna disaster re fief effort and
restore (less reason Able wear and tem.-) the affected porti(m of the property to the condition that
existed at the Commencement Date, If the City fails to complete the removal by the term.ination
date of this Lease,the Property Owner shall hiave the right to remove the improvements and restore
'the Property after seven(7) days rior written notice to the City, and the City shall reiniburse the
Property Owner for the actual and reasonable costs incurred in said retrinval and restoration,
During the seven day notice period:,, the (..,,ity shall have the n.p�,bt to continue the removal of all
improvements and debris requili.-ed b,y this Lease.. Tilie rehnbursenient shall be mach by the City
within ten (10) days of receipt of a written invoice itemizing said costs. In ad(lition, Rpon
tennination of the Lease, the(',lityshall have.fifteen(15) days to remove all improvements made
to the Premises by the(7ity,its employees,subcontractors and agents and restore(less reasonable
wear and tear) the affected portion of ti-xe Prol:)erty to the condiflon that existed at the
Commencement Date. if the City fails to complete the removal within this finie period,Propert,
y
Owner shall have the rip)-it to remove,the improvements an.d resIA)re the affected portion of the
Property, and the City shall reimburse the Property Owner for the, actual find reasonable costs
incurre in said removal and restoration. ']Fhe refinbursementshall be:made by the City within ten
(1,0)days of ireceipt of a written invoice iitemizing said costs. This section 1N.0.01. shall survive tile
termination of this Lease.
ARTICI.XXI-T11ANSSFE'lit S BY PIZOPE RTY OWNER.
11.01 Sg f�q�anee apid As$ rent Nothing in this Lease shall restrict the right of ti.,le
q, S1 I Im L
Prope,.rty Owner to sell,convey,,assioy i,m(artgage or otherwise deal with the Premises or the right
of property Owner to assign its interest in this L ease subject only, to the ripjhts of City Under this
]'.,ease.
nd
a
ullbdinatiali%. This Ixase is and shall be subject and subordinate in all respects to any
ll Tn7ii—gWg7...........and deeds of trust now or hereafter placed on the F*remisivs,and to all renewah.",
modifications,consolidations,replacements and extensions there*f
ARTIC.I.X XII-NOTICES
12.01 Notices. All notices, denriands., requests, instruclions, ap rowds. and cUrns of any,type
.1 P
hereundershT1l be given by US., mail or by hand delivery to an individual authorized to receive
mail for the below listed individuals,all to the following individuals at the following louitions:
'.POTHE CITY"
Mr. Kevin L. Smith,City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs,Ft. 32708-2799
407-327-5957 (Phone)
TO THE PROPERTY OWNER:
i
CalAtlantie Homes
Attn: Steve Boyette,Land Development Manager
444 West New England Avenue, Suite 220
Winter Park,Florida 32789
(407) 645-6554
Notice shall be deemed to have been given and received on the date the notice is physically
received,if given by hand delivery, or if notice is given by first class U.S. mail,postage prepaid,
then notice shall be deemed to have been given upon the date said notice was deposited in the U.S.
mail addressed in the manner set forth above. Any party hereto, by giving notice in the manner
set forth herein,may unilaterally change the name of the person to whom notice is to be given or
the address at which notice is to be received.
ARTICLE MH-DEFAULT
i
13.01 Events of Defstulti.Remedies. An event of default shall occur whenever: I
A. Any party fails to observe, perform and keep each and every one of the material
covenants, agreements, provisions, stipulations and conditions herein contained to be observed,
performed and kept by the respective party (other than payment of Rent and other charges l
hereunder) and persists in such failure after seven (7) days written notice by the non-breaching
party requiring that the breaching party remedy, correct, desist or comply. However, if any such
breach would reasonably require more than seven (7) days to rectify, and the breaching party
commences rectification within seven (7) days of such notice and thereafter promptly and
effectively and continuously proceeds with the rectifications of the breach,the seven(7)day time
period may be extended by mutual written consent of the parties. t
1
B. Upon occurrence of any event of default, the non-defaulting party shall have the
option,in addition to and not in limitation of any other remedy permitted by law or by this Lease,
to terminate this Lease, in which event the City shall immediately surrender the Premises to
Property Owner and all improvements made by the City shall be removed pursuant to Paragraph
10.01 of this Lease. However,if City shall fail to do so, Property Owner may without notice and
without prejudice to any other remedy Property Owner may have, enter upon and take possession
of the Premises and expel or remove City and its effects without being liable to prosecution or any
claim for damages.
6
c
i
i
ARTICLE XIV-MISCELLANEOUS
14A1 Itelatlnnshi of Parties. Nothing contained in this Lease shall create any relationship
between the Property Owner and the City other than landlord and tenant. It is acknowledged and
agreed that Property Owner under this Lease does not in any way or for any purpose become a
partner of the City in the operation and maintenance of a staging area for disaster relief efforts and
storm debris collection point,or a joint venturer or a member of a joint or common enterprise with
the City.
14.02 Consent Not Unreasqqa4ty Withheld. Except as otherwise specifically provided,
whenever consent or approval of Property Owner or City is required under the terms of this Lease,
such consent or approval shall not be unreasonably withheld or delayed. If either party withholds
any consent or approval, such party shall, on written request, deliver to the other party a written
statement giving the reasons therefor.
14.03 Applica le..Law and Construction. This Lease shall be governed by and construed under
the laws of the State of Florida and its provisions shall be construed as a whole according to their
common meaning and not strictly for or against Property Owner or the City. The words Property
Owner and City shall include the plural as well as the singular. I
14.04 Entire Areeiftent. This Lease contains the entire agreement between the parties hereto
with respect to the subject matter of this Lease.
I
14.05 Amendment or Modification. Unless otherwise specifically provided in this Lease, no 1
amendment, modification, or supplement to this Lease shall be valid or binding unless set out in
writing and executed by the parties hereto in the same manner as the execution of this Lease.
14.06 Construed Covenants and Severahilit . All of the provisions of this Lease are to be
construed as covenants and agreements as though the words importing such covenants and
i
agreements were used in each separate Article hereof. Should any provision of this Lease be or
become invalid,void,illegal or not enforceable,it shall be considered separate and severable from ;
the Lease and the remaining provisions shall remain in force and be binding upon the parties hereto
as though such provisions had not been included.
14.07 Successors Bound. Except as otherwise specifically provided, the covenants,terms and
conditions contained in this Lease shall apply to and bind the heirs, successors, executors,
administrators and assigns of the parties hereto.
i
14.08 Ieadin ;s. The Article headings contained in this Lease are for convenience only and
shall in no way enlarge or limit the scope or meaning of the various and several Articles hereof.
i
14.09 AttorggK!j!Fees. In the event of any legal action or suit under this Lease,each party shall
bear their own attorney's fees and costs.
i
7
3
14.10 Cif Not to Allow Liens or Encumbrances. The City shall not permit to be created nor
to remain undischarged any lien,encumbrance,or charge arising out of any work of any contractor,
mechanic,laborer,or materialman which might lien or encumber the Premises for work performed
on the City's behalf on the Premises.
j
If any lien or notice of lien on the account of any debt of the City shall be filed against the Premises
and the City fails to discharge the lien or notice of lien within twenty(20)days of filing,Property
Owner, in addition to any other legal rights or remedies, may, but shall not be obligated to,
discharge the same by either paying the amounts claimed to be due,or shall be entitled to defend
any prosecution of an action for foreclosure of such lien. Any amount paid by Property Owner
and all costs and expenses(including reasonable attorney's fees and interest)incurred by Property
Owner in connection therewith shall be paid by City.
14.11 Time is of Essence. The parties acknowledge and agree that time is of the essence under
this Lease.
14.12 Venue. Venue for any legal actions under this Lease shall be in Seminole County,Florida
for state court actions and Orlando,Florida for federal court actions. j
i
f
[Signature Page Follows]
I
f!I
k
7
`R
t
f
f
f
8
PROPERTY OWNER:
WITNESSES: STANDARD A IFI OF FLORIDA,
Florida General Partnership
r
Print Name/Tide: ,n,
6u, �
Date: ��
WITNESSES: CITY: "
CITY OF HINTER SPRINGS,
FLORIDA
,� _. ... .....
e �L. Smith _ , ��..�� e....W...
K - "i ymanager
�y
Date:
w
0
AdID
l'S�
HI IYat ftll'e a�aal IY. 11 SO ,..o,"8r NII 1111
II'��1,11.w
'SONII
wmv�
Nd✓o-uM:11 ' P 4fNll Vl, IMt O,VV �
mi
J1. +I dIV C34^vnn �4 I'^E n3�lal iv
OS I n t ?04 v�
r
Y df N h"r ,, n li"I PC 4 M 11,
77 .,,, b„,1 �`µ e ,.........,. .o,,, r P
a
> 1� IVfi�DXN�N�ii�4�iYii)]D�A11YN�ilh��
�P m III N4rQ °
r7 7
W wUJ W
III II���uIV J' ��pl
&iv
1 a YM! Y' P:;tlS f19 Qr +m� k:
uar sa Nl'ININiwIlllll
� I
ILL)
Q P;'.1 ptNd 4
.11
S
a
0
4-1
�
4 w rn °° O1�n r cv
wr
CL
0 0 0 0
p t 0 0
� r-� in co o•- r- r � of � m
W
M� r
u
� w
T
uu�✓- "� l ,� a"°,i � n''„ Iy�� v �"�r,Mpp "rydi'�W�' �m y�, ,..
ry
1 � ,LU
aiu� ua Win% ,d �rnrr„'' ,
o t� �^r•. � N�� `���bs�riy�Nnwiw���iu it � �q, � i
ersii 6 rPl��d�i,yln HNiar � I I e„�� � �
M1'�IN1nyvfgVtt�ypNyyyyN d yd � ;
.....,. ,... %�"`.�;i,.,6reCv+rmem o.,mm8 "m�M,:�*d 11 wwc,5;nms ..em.. .kM'7.iimrvwl.V.a.p® rs ew+�roni ixt rvkzebuM YY%f.'a>ti A..:, 1�r