AGENDA MEMORANDUM

 

 

Meeting Date:           May 9, 2011

 

From:                          Bruce Ericson, Director Parks & Recreation

 

Subject:                      Resolution Authorizing Amendment One to Lease Agreement with Leesburg Boating Club allowing them to make material repairs and improvements to the Premises

 

 

Staff Recommendation:

Staff recommends approval of amendment one to the lease agreement with the Leesburg Boating Club allowing them to fence a portion of the grounds in order to restrict public access to the area enclosed within the fence as depicted on Exhibit “A”.   In addition, the Leesburg Boating Club may restrict the use of the dock they constructed (and will repair) to members only.

 

Analysis:

On July 16, 1962 the City of Leesburg entered into a 30 year Lease Agreement with the Leesburg Boating Club for the consideration of one dollar ($1.00). Under the lease the Leesburg Boating Club agreed to construct a building to be used as a boating club house and that the beach area and any grounds around the club house would be open to the public during the period of this lease. It was further agreed that the Leesburg Boating Club had the authority to construct a dock provided that the general public had the right to full use of those facilities. The Leesburg Boating Club has full responsibility for maintenance of the premises and any facilities constructed on the property.

 

The existing lease agreement was modified on March 14, 1988 for the purpose of allowing the Leesburg Boating Club to sub-lease on a temporary basis for a limited specific use. All other terms and conditions of the original lease remained in full force and effect.  The original lease agreement was then renewed for an additional 30 years through notification by letter from the City Manager Rex Taylor, on December 5, 1991. All lease provisions remained in effect throughout the duration of this agreement.

 

The proposed amendment will allow them to fence a portion of the grounds in order to restrict public access to the area enclosed within the fence as depicted on Exhibit “A”.   In addition, the Leesburg Boating Club may restrict the use of the dock they constructed (and will repair) to members only.

 

Options:

1.  Approve Amendment One to the Lease Agreement with Leesburg Boating Club or;

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

There is no fiscal impact to the City.

 

 

 

 

Submission Date and Time:    5/6/2011 3:38 PM____

 

Department: _Parks & Recreation__

Prepared by:  _Bruce Ericson__                     

Attachments:         Yes__X   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X  No ____

                                                 

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. ________JB________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

RESOLUTION NO._______________

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AMENDMENT ONE TO THE LEASE AGREEMENT WITH LEESBURG BOATING CLUB, INC.,   ALLOWING THEM TO MAKE MATERIAL REPAIRS AND IMPROVEMENTS TO THE PREMISES; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

 

            THAT the Mayor and City Clerk are hereby authorized to approve amendment one to the lease agreement with the Leesburg Boating Club whose address is Dozier Circle, Leesburg Florida  34748  allowing them to fence a portion of the grounds in order to restrict public access to the area enclosed within the fence as depicted on Exhibit “A”.   In addition, the Leesburg Boating Club may restrict the use of any marina or docks to members only.

 

 

             THAT this resolution shall become effective immediately.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _9__ day of _May_____ 2011

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

__________________________

City Clerk