AGENDA MEMORANDUM

 

 

Meeting Date:           May 23, 2011

 

From:                          James D. Drymon, Deputy City Manager

 

Subject:                      Resolution authorizing a Second Lease Amendment for All Terrain Lawn & Tractor, Inc.

 

 

Staff Recommendation:

Staff recommends approval of the Second Amendment to the Lease Agreement with All Terrain Lawn & Tractor, Inc.

 

Analysis: 

All Terrain Lawn & Tractor, Inc., (hereinafter “All Terrain”) has been leasing property at 8735 U.S. Highway 441 South since November 2009.  In recent months, the company has experienced difficulty staying current in its rent and property tax payments to the City.  Previously, the City and All Terrain entered into a lease amendment to establish a payment schedule for reimbursing the City the 2010 property taxes owed by the company which it was unable to pay when the taxes came due.  This amendment (First Amendment to the Lease Agreement) was approved by a Resolution of the City Commission adopted March 14, 2011.

 

The proposed second lease amendment is intended to establish a short-term payment schedule that will allow All Terrain to pay off its delinquent rent of $2,570.00 and remain current on future rent payments to the City.  Under the proposed payment schedule, All Terrain will be required to pay additional monies above the normal monthly rent amount for May, June and July 2011 to reduce its delinquency, and then return to its normal monthly rent payment of $1,070.00 beginning August of 2011.

 

Options:

1.  Authorize  execution of the Second Lease Amendment for All Terrain Lawn & Tractor; or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

Adoption of the proposed second lease amendment is intended to assist the City in collecting the entire amount of delinquent rent owed by All Terrain Lawn & Tractor for use of the property at 8735 U.S. Highway 441 South.  There will be no fiscal impact on the City of Leesburg unless All Terrain defaults on the rent that the company owes the City.    


 

 

Submission Date and Time:    5/18/2011 4:09 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________            

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. _______JB_________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _001-0000-362-0110___

 

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 EXECUTE A SECOND AMENDMENT TO A LEASE AGREEMENT WITH ALL TERRAIN LAWN & TRACTOR, INC., A FLORIDA CORPORATION, FOR PROPERTY LEASED AT LEESBURG INTERNATIONAL AIRPORT; AND PROVIDING AND 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 execute the attached Second Amendment to a Lease agreement with All Terrain Lawn & Tractor, Inc., a Florida Corporation, whose address is 8735 U.S. HWY 441 South, Leesburg, Florida 34788, for property leased at Leesburg International Airport, with all terms and conditions as described therein.

 

            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 23rd day of May 2011.

 

 

 

                                                                            __________________________

                                                                             Mayor

 

ATTEST:

 

 

__________________________

City Clerk