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HomeMy WebLinkAbout2002 07 08 Consent A Third Amended Lease COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR July 8, 2002 Meeting MGR~EPT jJf/ Authorization REQUEST: City Manager Requesting Approval of the Addendum to Third Amended Lease between Springs Land Jessup Shores Joint Venture and the City of Winter Springs. PURPOSE: The purpose of this Board item is to request Approval of the Addendum to Third Amended Lease between Springs Land Jessup Shores Joint Venture and the City of Winter Springs for the leasing of real property used as access to Central Winds Park. CONSIDERATIONS: This addendum is needed to extend the Third Amended Lease between Springs Land Jessup Shores Joint Venture and the City of Winter Springs which expires July 22,2002. The lease was originally executed on March 3, 1992 and has been subsequently amended three times. The most recent amendment, the Third Amended Lease, was approved on July 12, 1999, a copy of which is attached. Staff is reviewing the feasibility of relocating the park entrance as part of the improvements being planned for the former Parker property. ---- ,~-- --- l .,_:: / July 8, 2002 Consent Agenda Item A Page 2 FUNDING: No funding is required. RECOMMENDATION: It is recommended that authorization be granted to execute the Third Amended Lease between Springs Land Jessup Shores Joint Venture and the City of Winter Springs. IMPLEMENTATION SCHEDULE: The lease will be executed upon approval. ATTACHMENTS: 1. Addendum to Third Amended Lease 2. Third Amended Lease COMMISSION ACTION: A TT ACHMENT NO. 1 ADDENDUM TO THIRD AMENDED LEASE THIS ADDENDUM, made this day of , 2002, by and between SPRINGS LAND JESSUP SHORES JOINT VENTURE, as Lessor, hereinafter referred to as "SPRINGS LAND," and the CITY OF WINTER SPRINGS, FLORIDA, and/or assigns, as Lessee, hereinafter referred to as "CITY": WITNESSETH: WHEREAS, SPRINGS LAND and the CITY have previously entered into a Third .' Amended Lease, dated July 16, 1999, whereby the CITY is leasing real property owned by SPRINGS LAND for purposes of using SPRINGS LAND property for access to State Road 434 to and from Central Winds Park located within the City of Winter Springs; and WHEREAS, SPRINGS LAND and the CITY desire to extend the term of said Third Amended Lease. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the CITY to SPRINGS LAND, it is agreed as follows: 1. The term of the Third Amended Lease is hereby extended from July 22, 2002, through July 31, 2005. 2. All provisions of the Third Amended Lease not modified by this Addendum shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Addendum to Third Amended Lease on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS AS TO LESSOR Print Name Print Name WITNESS AS TO LESSEE Print Name Print Name STATE OF FLORIDA COUNTY OF SPRINGS LAND JESSUP SHORES JOINT VENTURE, Lessor 175 Lookout Place, Suite 201 Maitland, Florida 32751 By: A. C. LEERDAM Title: CITY OF WINTER SPRINGS, FLORIDA Lessee 1126 East State Road 434 Winter Springs, Florida 32708 By: RONALD W. McLEMORE City Manager The foregoing instrument was acknowledged before me this _ day of , 2002, by A. C. LEERDAM, [ ] who is personally known to me, or [ ] who has produced as identification. STATE OF FLORIDA COUNTY OF NOTARY PUBLIC, State of Florida My commission expires: The foregoing instrument was acknowledged before me this _ day of , 2002, RONALD W. McLEMORE, [ ] who is personally known to me, or [ ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: 2 ATTACHMENT NO.2 THIRD AMENDED LEASE / t.tL day 0 f "-i:[ Ii J' by and between SPRINGS LAND JESSUP SHORES JOINT VENTURE, THIS AGREEMENT made this 1999, as Lessor, '----- hereinafter referred to as "SPRINGS LAND", and the CITY OF WINTER SPRINGS, FLORIDA, and/or assigns, as Lessee, hereinafter referred to as "CITY" : WIT N E SSE T H : WHEREAS, the CITY has constFucted a park known as Central Winds Park which requires the use of SPRINGS LAND'S property for access to State Road 434 in the area known locally as "Wagner's Curve" , said access lands being more particularly described ~n Exhibit "A" which is attached hereto and incorporated herein by reference, and hereinafter referred to as "access parcel"; and WHEREAS, the CITY has constructed improvements across the access parcel ~n a manner acceptable to the State of Florida, Department of Transportation with DOT Permit No. 5-77VC-90-59; and WHEREAS, SPRINGS LAND ~s the property owner across whose property the CITY has constructed the access improvements within the area delineated as the access parcel and ~s desirous of maintaining it use and enjoyment of the same indefinitelYi and WHEREAS, SPRINGS LAND is desirous of maintaining its constructive relationship with the CITY, and the CITY is desirous of maintaining its good relationship with SPRINGS LANDi it is THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable considerations paid by the CITY to SPRINGS LAND, it is agreed as follows: Page 1 of 5 1. SPRINGS LAND does hereby lease to the CITY, and the CITY does hereby hire from SPRINGS LAND, the lands described as the access parcel. These lands are to be used by the CITY as they are currently improved for the uses for which they were improved and for no other use whatsoever. 2. The CITY shall not have the right to modify the construction presently existent on the access parcel without the written consent of SPRINGS LAND, which consent shall not unreasonably be withheld. 3. The term of this lease shall be for three (3) years commencing on July 22, 1999, .unless sooner terminated pursuant to paragraph 4 below. 4. SPRINGS LAND shall have the right to terminate this lease on one hundred twenty (120) days notice glven to the CITY. Within said one hundred twenty (120) day period, if the CITY wishes to retain occupancy of the access parcel, the CITY and SPRINGS LAND shall negotiate in good faith for the acquisition of the same. 5. The CITY shall have the right to terminate this lease at its discretion with one hundred twenty (120) days' notice given to SPRINGS LAND. However, any termination of this lease by the CITY shall have no effect upon the vested rights special use permit. That is to say that said vested rights special use permit shall continue in full force and effect notwithstanding any termination of the lease by the CITY. 6. In the event said negotiations do not lead to an agreement, the CITY shall have the right, but not the obligation, to seek acquisition by eminent domain, or in the alternative, Page 2 of 5 to remove any improvements placed upon the property restoring the property to its original condition within sixty (60) days of the expiration of the one hundred twenty (120) day period set forth above. 7. The CITY's access across the access parcel to State Road 434 shall be governed by Rules 14-96 and 14-97, of the Florida Administrative Code. 8. To the extent permitted by law, the CITY hereby inde~ifies and agrees to hold harmless SPRINGS LAND from any and all claims whatsoever resulting from the use of the leased premlses. 9. The CITY and WINTER SPRINGS understand that the CITY may be interested in acquiring an as yet undetermined portion of SPRINGS LAND's property which may include the access parcel leased under this agreement. Any such sale from SPRINGS LAND to the CITY, or other proceeding instituted by the CITY to effect such a sale from SPRINGS LAND to it, shall not be deemed to cancel any obligation of the CITY pursuant to this agreement. 10 - The CITY shall maintain and keep the leased lands, together with the roadway improvements thereon, in good repair free from refuse and rubbish. 11. The CITY shall duly obey and comply with all public laws, ordinances, rules or regulations relating to the use of the access parcel. 12. The CITY shall pay all governmental taxes, assessments and charges which shall be assessed and levied upon the access parcel or any portion thereof during the term of this lease as they Page 3 of 5 shall become due. Promptly upon execution of this lease, the CITY shall reimburse SPRINGS LAND for any unpaid governmental taxes, assessments and charges which have accrued against the access parcel from the time of the CITY's occupation thereof. 13. This lease is strictly contingent on the CITY's approval of the vested rights special use permit VR 93-02 from July 21, 1999 through July 29, 2002. In the event this extension occurs, the CITY shall not have the right to cancel or limit the same unless SPRINGS LAND, pursuant to paragraph 4 above, terminates this lease agreement. 14. Both parties acknowledge that certain changes 1n SPRINGS LAND's remaining property are necessary in light of the takings by the Florida Department of Transportation for the widening /realigning of State Road 434 The CITY agrees to cooperate with SPRINGS LAND in relocating the proposed improvements on the remainders so long as the total square footage proposed does not exceed that previously approved by the CITY provided that any such improvements do not violate existing CITY development standards relating to uses, density, or front, side or rear setbacks. 15. The foregoing constitutes the entire agreement of the parties. Any additions and/or changes hereto must be in writing signed by both parties. 16. This lease shall be governed by the Laws of the State of Florida. In the event that any provision or clause of this Lease conflicts with applicable Florida law, such conflict shall not effect the other provisions of this lease which will be given full Page 4 of 5 effect without the conflicting provision. IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements herein contained shall enure to the benefit of and be equally binding upon the respective executors, administrators, heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS AS TO LESSOR t!f!JrI ~h (~~~ Printed Name ~. '0 . - ~~ Ff"J -l\',,~t>j Pr'nted Name WITNESS AS TO LESSEE Printed Name G:\Springs\Lease.wpd Page 5 of 5 SPRINGS LAND JESSUP SHORES JOINT VENTURE, Lessor 175 Lookout Place, Suite 201 ::Hl~ -A. . Leerd () Tit 1 e: - ~ \) 1'\c:tJ ~~ '1_ ~AA'i 0 i\:i;J:;<\Q/\.. CITY OF WINTER SPRINGS, FLORIDA Lessee 1126 E. SR 434 Winter Springs, FL 32708 BY: Printed Name Title: STATE OF FLORIDA COUNTY OF V 'W. A-(\'1~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared A.C. LEERDAM, who is personally known to me or '..ho has produce(]. as identification and who did/did not take an oath and who acknowledged before me that he executed the same. WITNESS my hand and OffiCift seal in the aforesaid this 3 Q \h day of lRJ ( w~ NOTARY PUBLIC: County and State last , 1999. ~~r.,...... __..._. MAACiA M. "dV My COlTim Exp.ll/1112000 . ~ PUBl~ ~ Bonded By SeM~ Ins '. No. CCW01l5 II Pe<.oM11y KnOWll II Other 1.0. Sign: ~~ ~~~ Print: "-. Commission No.: ~ Q g I \ c:; State of Florida at Large .?'. My Commission Expires: STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RONALD W. McLEMORE, CITY MANAGER, on behalf of CITY OF WINTER SPRINGS who is personally known to me or who has produced as identification and who did/did not take an oath and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and state last aforesaid this day of , 1999. NOTARY PUBLIC: Sign: Print: Commission No.: State of Florida at Large My Commission Expires: Page 6 of 6 Prepared try and return to: Anthony A..Garganese. City Attorney City ~f W' ler Springs 1 J 26'E State RO/ld 434 ;'\!. Wint Spri~gs. FL :;2708 '.) ADDENDUM TO THIRD AMENDED LEASE THIS ADDENDUM, made this 1St)., day Of~, 2002, by and between SPRINGS LAND JESSUP SHORES JOINT VENTURE, as Lessor, hereinafter referred to as "SPRINGS LAND," and the CITY OF WINTER SPRINGS, FLORIDA, and/or assigns, as Lessee, hereinafter referred to as "CITY": WITNESSETH: WHEREAS, SPRINGS LAND and the CITY have previously entered into a Third \ Amended Lease, dated July 16, 1999, whereby the CITY is leasing real property owned by SPRINGS LAND for purposes of using SPRINGS LAND property for access to State Road 434 to and from Central Winds Park located within the City of Winter Springs; and WHEREAS, SPRINGS LAND and the CITY desire to extend the term of said Third Amended Lease. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the CITY to SPRINGS LAND, it is agreed as follows: 1. The term of the Third Amended Lease is hereby extended from July 22, 2002, through July 31, 2005. 2. All provisions of the Third Amended Lease not modified by this Addendum shall remain ul\changed. IN WITNESS WHEREOF, the parties have executed this Addendum to Third Amended Lease on the day and year first above written. ./ MARY~E MORSE, CLERK OF CIRCUIT COURT a.ERK OF SEMIN!X..E roMTY BK 04471 PG 0003 FILE NUM 2002913633 RECORDED 07/24/2002 02121118 PM RECORD1N9 FEES 15. 00 RECORDED BY " Nolden CUiTlFIEO CO~'i MAr~Y J\.NNE MORSE C~Er~K OF CiJ.;CrlilT C':lUFIT SEMINOLE COUNTY. BliR!DPi ~ .)-;;'7 /L</2----'. Ol!'PuWffiI'R!{ A...._... . .... r t;'~l ';," .i(jU": ~J} ~j ~ ...... ~ ~\-.. 11111 m Rill n IIIlID 1111/11111111111111111 n 1/11111111 '1"1", .' / ' . / / 'Signed, sealed and delivered in the presence of: WITNESS AS TO LESSOR Jlth ~e}e;- l ;;r'ck~ Print Name SPRINGS LAND JESSUP SHORES JOINT VENTURE, Lessor 175 Lookout Place, Suite 201 Maitland, Florid 2751 11(-lnev- By: A. Title: ~anul ~ (f~ .JANE-T reRsoNs Print Name WITNESS AS TO LESSEE /tr~. ok" {/- Print Name CITY OF WINTER SPRINGS),FlORIDA Lessee ...- ..!.~!JJo;,>" 1126 East State RoadA~.~..." f ....~.-"(. Winter Springs, Flori.d~.27~}.) . ". ~. . '~.' ~.~..., ff';... . .;;., ~ .....,. ,. . "IJ.' . "'" ; : ~'1.:.:, V): <,p : (.: : 0 . ~.: .... ~ : l.. ." -.... .... ...r_ By: R NALD W. McLE City Manager . . ,. ) ......~. .. , 1_'. . V '\ oJ ~ . ..." ~"".' I, -{if[}- . ...' " . STATE OF FLORIDA COUNTY OF O(o.~J The foregoing instrument was acknowledged before me this ~ day of Jv \ ~ ,2002, by A. C. LEERDAM, p<) who is personally known to me, or [ ] who has produced as identificatio~ PETER LEERDAM -.......---.... Notary Public, State of Florida' NOTARY' PUBLIC, State OfFlorida My comm. expo Mar. 1, 2005 My commission expires: Comm. No. DO 005830 . ~ \ \ , \ . .. ... .. .. .. STATE OF FLORIDA COUNTY OF .5~NDuE' The foregoing instrument w~~knowledged before me this \ ~ay of )IA"L. ~ ,2002, RONALD W. McLEMORE, [<-rWho IS personally known to me, or /[ ] who has produced as identificat~~n. .,..........,., . . \ '1 ), J :I;"'", ,," ,~ ". , .:a." NOTARY IC, State of f:JQFj<;f'a (J n'. ':" ,:. My comml'ssl'O - l"J . . <Y ':. expires: : u : ~'.~ 2 (8) ANDREA l.ORENZO:tUAtS" MY COMMISSION # CC'B3~~' , EXPIRES: MDY g. 2003 1-llO().3-NOTARY FIe. No1ary 5..,i08 & BondIng Co. ..I. () N..../ .. '...... ... .....-)> O. ": .,' .~ .' -', .....'" FILE NUM 2002913633 OR BOOK 04471 PAGE 0004