HomeMy WebLinkAboutSprings Land Investments Lease -1992 03 03
"
, ,
.'
RECORDED & \IE' ",IE.O
. .,.i-: I",,;""'UI\~I:. ,
rl ; ~~ OF CIi'\"JlT CQUR1
"':~6\1'llOLE COU1HY, FL.
?S\t;Cr
.:... ~. J .)
$:~
\391 MAR \ \ M~ \0: 0 \
I
/
1'->
(.f) (.J
nl, . ,..,.
:L: ........
.-, ~
Florf9a
r'-
SPRINQ~,
o
.
LEASE
THIS AGREEMENT made this 3 ~ day of ~i A/uti-
1992, by and between SPRINGS LAND INVESTMENTS, LTD., a
limited partnership, as Lessor, and the CITY OF WINTER
..,,-.J
rc:>
o
"
FLORIDA, and/or assigns, as Lessee:
WIT N E SSE T H:
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, is engaged
.
I
in the construction of central winds park, a super park, which
requires the temporary realignment of state Road 434 in the arean
",
:J:
known locally as "wagner's curve"; and :z:
o
r-
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA is obligated'!
n
to acquire right of way and perform construction for sai~
.."
r
realignment in a manner acceptable to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION and consistent with DOT permit # ---
S:.IJ Vt..- 90 - ":)~ ; and
WHEREAS, a specific condition of the aforementioned DOT
permit is that the CITY OF WINTER SPRINGS, FLORIDA acquire a
sufficient property interest in the land upon which the temporary
realignment of SR 434 shall be constructed so that said temporary
real ignment may remain in perpetuity as constructed pursuant to the
DOT permit; and
WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is a property
owner from whom the CITY OF WINTER SPRINGS, FLORIDA must acquire
property to comply with the conditions of the DOT permit; and
,WHEREAS, SPRINGS LAND INVESTMENTS, LTD. is desirous of
maintaining its construdtive relationship with the CITY OF WINTER
~RG\UP.13 T():
c., \''1 0 \=' ~ "St~;i" SPR \ rJ G.. <:,
\\'L~ EI\~\ ~~TE Rol\D 4s+-
_ ~J~\GR _<;\'R'-~~~~ ~~ ~ 2.1 50
EXHIBIT "B"
roo
:..:J "Tl
/;,":) .."
:"j:C=;
:t>
,-
;.,
r"
n
-00
)... ::0
,:-> 0
PHI)
W
N
CD
W
cue
0"Tl
0"Tl
A-
n
J>
r
::0
r"
n
")0
,,>> ::0
:;)0
'., (.f)
Q
\.0
N
CD
i;~ '
>4' """.,__,__ -0 .-
SPRINGS, FLORIDA, and the CITY OF WINTER SPRINGS, FLORIDA is
desirous of maintaining its good relationship with SPRINGS LAND
INVESTMENTS, LTD., it is
THEREFORE, in consideration of Ten Dollars ($10.00)
i'V
(/) ~..J
~1 \.D
CP.'ldl..D
..:.
agreed as follows:
C)
it ~s
n
o -
:.,,-J
a FlorIda 0
other valuable considerations 'agreed to by the parties,
1.
That SPRINGS LAND INVESTMENTS,
.
LTD. ,
I
limited partnership, (hereinafter referred to as Lessor) does
hereby lease to the CITY OF WINTER SPRINGS, FLORIDA, (hereinafter
w
referred to as Lessee) and the Lessee does hereby hire from LeSSO~, ~
the lands described in Exhibit "A" which is attached hereto id:o.
_ z ~
. 0
incorporated herein by reference to be used for the. temporf;ry
realignment of wagner's curve, including the installation ~f~
~\.O
pavement, curbs and gutters, runoff water transmission fih~
\.0
treatment facilities, and sidewalkS until such time as the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION shall open for public travel
the final realignment of Wagner's curve or until such time as the
I
CITY OF WINTER SPRINGS, FLORIDA shall acquire the leased area by
condemnation pursuant to Paragraph 3 of this Agreement.
2. The construction referred to in paragraph 1 hereof
shall substantiallY comply with the plans submitted to LeSSor, a
copy of which is attached hereto and incorporated herein as Exhibit
"B". provided, however, that the CITY OF WINTER SPRINGS, FLORIDA
and/or the STATE OF FLORIDA DEPARTMENT OF TRANSpORTATION may make
such future modifications to the temporary realignment as may be
deemed necessary
I
for the safe and efficient function of the
2
mo
0"'"
0"'"
:.,~ c=;
:1>
,-
:-0
ITl
n
~o
).~ :::0
1.10
P1V)
OJO
0"'"
0""
:::-;c:;
l>
r
::0
r"T1
("')
:;0
;;. :::0
,;-)0
,. 'l(/)
,- ,
. \
..
facility.
3. The Lessor shall retain the option of requiring
Lessee to purchase the leased premises, but in no event shall this i'v
. . (/l L'>
option be exercised sooner ,than one (1) year from the date on Whi~p ~
~ .~:
this lease is granted. The CITY~OF WINTER SPRINGS, FLORIDA sha~~,
("1"1
at the option of the Lessor, be required to purchase by way ~f _
,
statutory condemnation proceedings the land described in EXhi~t~
J ' f'V
"A" as the leased premises. Lessor shall exercise, its option to
require such purchase of the leased premises by providing written
notification to the CITY OF WINTER SPRINGS, FLORIDA. SPRINGS LAND
INVESTMENTS, INC. hereby agrees that requiring the purchase by wa~
- - - ~
of statutory condemnation proceedings of the leased premises is i t!E
o
r-
exclusive remedy at law under this Lease. SPRINGS LAN~
n
o
INVESTMENTS, INC. hereby waives any and all legal or equitable
."
r
rights it may have to cause the eviction of Lessee from the leased
premises or the removal of the temporary alignment prior to the
opening for public travel of the final realignment of SR 434. If
,
the CITY OF WINTER SPRINGS, FLORIDA does not purchase the leased
premises from Lessor within ninety (90) days of its receipt of
Lessor's written notice requiring such purchase pursuant to this
paragraph, Lessor's exclusive remedy shall be a suit in inverse
condemnation against the CITY OF WINTER SPRINGS, FLORIDA.
4. Lessor's access from the temporary alignment, once
constructed, to the remainder of its lands shall be governed by
Rules 14-96 and 14-97, Florida Administrative Code.
5.
.
hereby
agrees
to
hold
indemnifies
and
Lessee
3
'="'0
o .."
0-"
;:.:0
:>
.-
:))
r.,
n
-')0
);:. ::0
CH:;:J
Plcn
W
N
CX)
VJ
CX)t':
o~-.
o~.
:;J;~
-
,
~
o
t.D
W
o
r
:;r
r'j
~
y~-
.? -
C') ('
""c
". . '
I
OfFICIAL RECORDS
BOOK ....\(:0
3283 0931
.SEMINOLE: co. FL
harmless Lessor from any and all claims whatsoeve~'resulting from
the construction on or use of the leased premises~'for a temporary
roadway or related temporary roadway improvements.
f'0
" .
. (.Il c..~
Lessor and Lessee understand that a portion of t~ ~
, ~:~ \L)
lands leased herein are under threat of condemnation by the St~e
,-
of Florida as mentioned above. In the event that the lands lea~d
C) -
6.
roc
l:>'
C).
_.III(=-
herein,
I
eminent domain,
or any portion thereof, shall be taken by the power ~f -.J
· :0
or sold in lieu thereof, Lessee shall not be W
~
,e
;.1_
"
c-:
"'?c
J... ::.;
C")Cj
l'l'1V>
entitled to any part of the award for said taking or the proceeds
of any sale(s) in lieu thereof; nor shall Lessee be entitled to any
I
compensation paid for damages caused QY any partial taking, or sale
in lieu thereof, to any portiones) of the premises leased herein
remaining not taken or the cost of curing said damages.
7. Lessee shall maintain and keep the leased lands,
together with the roadway improvements thereon, in good repair free
from refuse and rubbis~.
8. That:, upon' the' completion, and opening of the final
.'<,'." '., ',',' '",' -
realignment of SR 434 atF Waqnerts"Curve> LessEle shalL'return the
lands leased to the condition they were in prior to the lease,
unless permitted in writing by Lessor to do otherwise.
9. Lessee shall duly obey and comply with all public
laws, ordinances, rules or regulations relating to the use of the
leased lands.
10. Lessee shall pay all governmental taxes, assessments
and charges which shall be assessed and levied upon the leased
lands or any portion ~hereof during the set term as they shall
4
.1
OFF'C'AlRECORO~
Baal'; -'.\ (~f-
" ,
,
. i
3~83
0932.
SEtl/NOlE" co. FL
become due.
11. Lessee has been advised by Lessor that Lessor
reserves the right to sell the leased lands subject to th~ lease.
the property.
Lessee agrees to cooperate fully with Lessor in any such sale ofl~
(.1) W
~ '-D
~: \..0
12. The foregoing constitutes the entire agreementcof
...-
ff'
be dn
o
" -.J
:- C>
13. This Lease shall be governed by the Laws of the~
, ,"
t~'o
C)"Tl
C> "Tl
::-:0
:;~
r-
:-:0
f"I'
n
IJO
J:..;o
C)CJ
"1(1')
the parties.
J
writing signed by both parties.
Any additions and/or changes hereto must
.
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 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 hereto have executed this
Lease on the day and year first above
written.
,,\ \a..'" E. ~e V'\ - '....L LTb
C;('(\,NG..c,. LP.f'I~ "HE<;lM'c.t-.:I~;;7.
'-\\1;; F6P,t.)(.U.~ A.VEthJt:'2-
LAN'\:) L '~'l <bc"J
Signed, sealed and delivered
in the presence of:
~~ ~~I"~~ ~~. ess
: -: - ~ ,,~ ......"c.~ ~CI?>t.\U\\1,(
\.,..)l~<" ~C) . --E:.. 0- _
~oUALl:> R. 'l..E:.~~essee Ctn,
hI t:..("f r: ~
. f'{'l\o.'i T. ~tJ\<.Tt)~
This document prepared qy: Brigham, Moore,
Schuster & Sachs, 111 N. Orange Ave.,
(407) 423-2251
5
, """,~ '~:~_.::p.;:~.
)
" ,
gFFIC!AL RECORDS -
rj 0 () \<;;;~ r;::'
'1 ,) 8 3
0933
SfMfNULE cu. FL
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument ~~, acknowledged before me this ~~~
~ay of ~(~ ., 1992, by ~a..v\ G - ve-eYl ~ as ",
b-Qt'.JI(j . y-Wv' . of SPRINGS LAND INVESTMENTS, LTD. i.~
a Florida limited partnership, on behalf of the partnership. H~
or she is personally known to me or has produced ~~ ~
· as identification and di~ ake an oathC'")
o
r~
~,:.....J
\.D
~
t':::lo
0"
Cl-.,
;.w,(=}
:t>
,-
~.J'l
,..,
n
:-UO
;>~
C'>O
, flU>
NOTARY PUBLIC:
" -.I
'... :- C)
'."'., U1
tt.1I (p.1J7 'I
Commission Number
F ;., (j ... .~:.
N1 ~t1;Ll"~-'-,~ ),~ f
" ,"',llArlf 1\1 n \~ :.1.. :
Printed 'or:,,!l?yped) ......:::...:
4. '1".," ..... ..- \ ...... .
STATE OF FLORIDA AT LARG;'~f~,~~i;)'",.
My Commission Expires: ~ 10, /CfQS'
( i9n)
~-Jhr!i:
(Notary N e
I 1., .'.-"
,
.
. .
OFFICIAL RECORDS
BOOK ~,^>. GF
" .
3283
0934
'S5HJNOLE co. FL
STATE OF FLORIDA
COUNTY OF~SEMINOLE
.l'-: i.~.' .,
Vl ~..)
P"
\.0
::?:
ill
:;1:
C)
The foregoing instrument was acknowledged before me this 10th,-
day of March, 1992 by Richard Rozansky, as City Manager of the City ofP1
n
Winter Springs, Florida. He is personally known to me and did not takco
an oath.
NOTARY PUBLIC:
In~-;:~
(SIGN)
-"1 -.J
r c>
0"\
CC 090706
Commission Number
i'V
mo
0"
(."'.J"
:""0
>
r-
~.:)
1"1
n
-00
~::o
t';") 0
fT1 (/)
Mary T. Norton
Notary Name (Printed or Typed~.\\\.~..It"""",
.... -, \ J I" ""
..... .. ....... .... ..) I"
..... . tt".
STATE OJ FLORIDA AT LARGE / ~S~Ir)'Ull) .........:. ....
. :...: 'I CJ ~fJ':
~lSTJ.1Rupnt.Mffln Expires:' : 2: · (f! Vi.' .
, I ATE OF 'LORIDA AT LARd. . ,
MY COM"'I~~ION [XI'IRES APRIL 04 . ~ .... "
rONDED THRU AGENT'S NorAn B~O:::AOI \,~''v',: '.
" 'I'
-"1", . I
"""
,
. -'...*'
. .
, ......
",.,..---".
~'"
, .
I'
.,
. .
LAW OFFICES
FRANK KRUPPENBACHER
A Professional Association
Frank Kruppenbacher*
P.O. Box 3471
Orlando, Florida 32802-3471
lOS E. Robinson Street, Suite 201
Orlando, Florida 32801-1622
Telephone (407) 246-0200
Facsimile (407) 426-7767
* Also Admitted in Colorado
MEMO
TO: Ronald W. McLemore
FROM:
Frank Kruppenbacher, Esq.
AUG U I J997
DATE:
August 1, 1997
RE:
Springs Land Jessup Shores Joint Venture
CITY OF WINTER SPRINGS
City Manager
Enclosed is the original Agreement between the City of Winter Springs and Springs Land
Jessup Shores Joint Venture that has been executed by A. C. Leerdam as Managing Partner. Please
execute the same on behalf of the City. Thereafter, the Agreement should be recorded in the
property records and a copy returned to my office.
If you have any questions, please let me know.