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.
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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,
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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.
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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
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'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
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By:
A.
Title:
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.JANE-T reRsoNs
Print Name
WITNESS AS TO LESSEE
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Print Name
CITY OF WINTER SPRINGS),FlORIDA
Lessee ...- ..!.~!JJo;,>"
1126 East State RoadA~.~..." f ....~.-"(.
Winter Springs, Flori.d~.27~}.) . ". ~.
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By:
R NALD W. McLE
City Manager
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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
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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. .,..........,.,
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NOTARY IC, State of f:JQFj<;f'a (J n'. ':" ,:.
My comml'ssl'O - l"J . . <Y ':.
expires: : u : ~'.~
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(8) ANDREA l.ORENZO:tUAtS"
MY COMMISSION # CC'B3~~'
, EXPIRES: MDY g. 2003
1-llO().3-NOTARY FIe. No1ary 5..,i08 & BondIng Co.
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FILE NUM 2002913633
OR BOOK 04471 PAGE 0004