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Home My WebLink AboutReso 2009-1454 RESOLUTION NO. 2009:..e1?4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, APPROVING A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND VANGUARD CAR RENTAL USA INC., ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is the owner of property is leased by Vanguard Car Rental USA, Inc., whose desire is to continue to lease and use the Leased Premises for the operation of a rental car facility; and WHEREAS, the City wishes to continue to lease space to Vanguard Car Rental USA, Inc.; and WHEREAS, the City and Vanguard agrees to modify the original lease and the amended lease; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Second Amendment to the Lease Agreement between the City of Sunny Isles Beach and Vanguard Car Rental USA, Inc. attached hereto as Exhibit "A", Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said agreement. Section 3. Further Authorization of City Manager. The City Manager is authorized to do all things necessary to effectuate the intent of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this I ~+1, day of July, 2009. ATTEST: ~ A--~- Jane A. Hines, ~ity Clerk ' < . APPROVED AS TO FORM AND S FFICIENCY: Seconded by: Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl " l u.. f{\~ y T\4 t\L.cr R CnYY\~ ~ ~p ~~ (' 'JOOl)O\ fti\J l,.../(Yes) \....-""'(Y es) V""'(Y es) v(Yes) ---lL(Yes) (No) (No) (No) (No) (No) AMENDMENT TO LEASE .rJ This Amendment to Lease ("Amendment") is made and entered into effective as of the Ho day of July, 2009, by and between, the City of Sunny Isles Beach, Florida ("Landlord") and Vanguard Car Rental USA Inc. ("Tenant"). RECITALS: WHEREAS, Landlord and Tenant previously entered into that certain First Addendum to Lease Agreement on or about April 14, 2005, (the "Addendum") which modified that certain Lease Agreement dated July 8, 1997, (the "Original Lease") leasing certain premises located at or commonly known as 18080 Collins A venue, City of Sunny Isles Beach, and as more particularly described in the Addendum ("Revised Premises"); and WHEREAS, Landlord and Tenant desire to amend the terms of the Original Lease and Addendum as hereinafter provided. NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant do hereby agree as follows: 1. Definitions. All terms used in this Amendment which are defined in the Original Lease or Addendum shall have the same meaning in the Lease or Addendum, unless otherwise specifically defined herein. Any conflict or inconsistency between definition and terms between the Original Lease and Addendum shall be governed by the definition in the Addendum. 2. Term and Renewal. Section 4 of the Addendum shall be amended to provide that Landlord and Tenant hereby agree that Tenant shall be provided twenty-four (24) months of continuous occupancy beginning on August 1, 2009 and ending on August 1, 2011. After August 1, 2011, the Term shall continue on a year-to-year basis upon prior written consent of the City to such continuation and the Original Lease may be terminated in accordance with Section 3 below. 3. Early Termination. The first sentence of Section 10 of the Addendum shall be eliminated in its entirety and the following shall be added to the remainder of that Section. After August 1, 2011, Landlord may terminate the Original Lease provided that Landlord supplies Tenant with at least four (4) month's advance written notice of such termination. 4. Relocation Costs. Section 11 of the Addendum shall be eliminated in its entirety. Taxes. Sections 6 and 16 of the Original Lease shall be modified to provide that Landlord shall use its best efforts to secure a re-platted site plan of the entire Premises, as defined in Original Lease, in order to clearly separate the parcels for purposes of tax assessments and to reflect the actual occupancy of 50% of the Premises by Landlord as set forth in the Addendum. Page 1 of 2 5. Authorization. The parties executing this Amendment represent and warrant they are authorized to execute the same on behalf of the party in which they respectively represent and can, by their signatures, effectively bind such party to the obligation set forth herein. 6. Ratification and Conflicts. Except as amended hereby, the Addendum and Original Lease remains in full force and effect. All terms, covenants, and conditions of the Addendum and Original Lease not expressly modified herein are hereby confirmed and ratified and remain in full force and effect, and, as further amended hereby, constitute valid and binding obligations of Landlord and Tenant enforceable according to the terms thereof. In the event there is a conflict between the terms and provisions of this Amendment and the Original Lease or Addendum, the terms and provisions of this Amendment shall control and govern. 7. Successors and Assigns. All of the covenants contained in this Amendment, including, but not limited to, all covenants of the Lease as modified hereby, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives and permitted successors and assigns. 8. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one and the same Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. ATTEST: LANDLORD: .~Il~ Jane A. Hines: City Clerk TENANT: Wifi)ess: -' 'J f?n(} CJkLi 7jJlti_J tYJ!.Y- A t/ V ANGUARD CAR RiN1 AL USA INC., a By: / ( Name: w4 VLlA-l k Title: Page 2 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commissioll Norman S. Edelcup, Md)'or Lewis J. Thaler, Vi,v Aldror Roslyn Brczin, COll1miuirmer Gerry Goodman, ('oJ!/lJIi(,iOlIt'r George "Bud" Scholl, C;immifJioner OF su'" (305) 947-0606 City "all (305) 949-3113 I,'ax (305) 947-2150 Building Department (305) 947-5107 ','ax Rick Conner, G/)' Mdnd~er Hans Ottinot, G/)' /II/om,)' Jane A. Hines, Cify Clerk MEMORANDUM TO: The Honorable City Commission FROM: Hans Ottinot, City Attorne~ DATE: July 16, 2009 RE: A Resolution Approving an Amended Lease Agreement with Vanguard Car Rental USA, Inc. ("Alamo") RECOMMENDA TION: It is recommended that the attached Resolution be approved. REASONS: In May 2005, the City acquired the property located at 18080 Collins A venue, commonly known as the "Alamo property". The City and Vanguard Car Rental USA, Inc. ("Alamo") agreed to modify the existing lease agreement. Alamo is currently occupying half of the aforementioned property. The amended lease currently has eight (8) years remaining. Under the amended lease, the City is required to pay termination fees and relocation costs if the City terminates the lease. The amended lease also requires the City to obtain the consent of Ala~o if the City seeks to terminate the lease prior to 2009. Alamo's consent is not required after 2009. Alamo has asked the City to amend the lease agreement to provide for mutual consent for termination until August 2011. Alamo indicates that mutual consent is needed to provide stability to its business operations in Sunny Isles Beach. In return, Alamo has agreed to release the City from its obligation to pay relocation costs under the amended lease. These costs are not specified in the lease agreement. However, under the law, Alamo may request relocation up to $20,000.00. As a point of information, the City's redevelopment plan for the Alamo property will not be impeded by this minor amendment. /Attachment I\bb-oW: l ^ L Agenda Item V Date I... JI.e.- oq City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner Rick Conner City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk July 23, 2009 Bert Sheppard, Senior Director Enterprise Rent-A-Car Company 600 Corporate Park Drive St. Louis, MO 63105 Re: Second Amendment to Lease Agreement with Vangaurd Car Rental USA, Inc. Dear Mr. Sheppard: At its regular meeting of July 16,2009, the City Commission adopted Resolution No. 2009-1454, which approved the above-referenced amendment to the agreement with Vangaurd Car Rental. Enclosed are an original agreement and a copy of the approving resolution for your files. Enclosures cc: Hans Ottinot, City Attorney (w/o attachments)