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Home My WebLink About2007 01 08 Regular 306 Expired Property Lease Central Winds Entrance Road COMMISSION AGENDA ITEM 306 REGULAR MGR / DEPT January 8, 2007 Meeting Authorization REQUEST: Public Works Department - Capital Projects Division Requesting Direction Relative to the Expired Property Lease for the Central Winds Park Entrance Road between Springs Land Investment Inc. and the City PURPOSE: This agenda item is needed to provide direction to the City Attorney and staff on how to respond to the notification letter from the attorney representing the property most recently referred to as Lake Jesup Shores. CONSIDERATIONS: The City Attorney received a letter from the property owner's attorney dated November 29, 2006 notifying the City that since the lease agreement expired on July 31, 2005 "... Demand is hereby made that the City of Winter Springs hereby remove any improvements placed upon the property and to restore the property to its original condition pursuant to the terms of the Addendum to third Amended Lease. In the alternative, if your client desires to negotiate a Purchase and Sale Agreement or to Proceed with eminent domain, please contact me immediately." A copy of the letter is attached. The agreement summary is as follows: Lease - March 1992 - The City was required by FDOT to modify the access to Central Winds Park for safety considerations prior to opening the park in 1992. This required the construction of temporary improvements outside of the FDOT right of way in the area known as Wagners Curve. The City was able to negotiate a lease with Springs Land Investments for the improvements. The property was leased instead of purchased due to the fact that SR 434 was going to be four-Ianed and realigned bypassing the Wagner's Curve area. With the completion of SR 434 in approximately 1998, the construction improvements were no longer required by FDOT, Regular Agenda Item 306 January 8, 2007 Page 2 but were continued to be used with the consent of both parties. The City pays the taxes on the leased property which were $900 in 2004 and $2,000 in 2005. 2nd Amended A2reement June 1998 - The City has the right to exercise an option to purchase within 45 days of notification. No provisions exercised by either party. 3rd Amended Lease - June 1999 - Three year agreement with both parties having 120 day notice provisions. No provisions exercised by either party. Addendum to Third Amended Lease - Julv 2002 - Three year extension to previous lease. Expired July 2005. The Central Winds Park Expansion Master Plan was approved after the acquisition of the Parker property including the design for the realignment of the park entrance road (Central Winds Parkway) by the City Commission in September, 2002. The park expansion project included the stormwater retention for the Parkway and those improvements were completed as part of the park project. During staff review of the Lake Jesup Shores project it was determined that the cross section for the proposed Central Winds Parkway would need eleven feet of right of way from the Lake Jesup Shores project (aka Springs Landing) to incorporate on street parking on the project side of the street. Staff had been working with the developer and their engineer on the additional right of way which was incorporated into the final engineering. Staff was also working with the developer on an agreement to have the Central Winds Parkway improvements constructed as part of the developers project and receive impact fee credits as has been done with other projects. The Lake Jesup Shores Aesthetic Review submittal was found not in compliance on November 13, 2006. resulting in the Lake Jesup Shores Project being terminated by the developer and impact fee credits for construction of the road no longer representing a viable instrument for payment of the right of way acquisition by the City. The notification letter to the City Attorney was sent November 29, 2006. The CPH plans could be slightly modified to construct Central Winds Parkway totally within the existing right of way. It would be constructed as a 2 lane road with a median and six foot sidewalk on the high school side as originally planned but no on-street parking. On street parking, landscaping, the west side sidewalk and any additional right of way needed could be addressed as a condition when the adjacent development occurs. 010807_ COMM _Regular _306_ Leerdam _Lease Regular Agenda Item 306 January 8, 2007 Page 3 FUNDING: The cost to relocate the affected area for the road, construct the new trail crossing, and reconnect inside the park is guesstimated at $500,000 to $600,000. Funds would come from the Transportation Impact Fee Fund. RECOMMENDATION: It is recommended that the City Commission direct staff to proceed with relocating the Park entrance road off of leased property by having CPH modify the design of Central Winds Parkway to eliminate the need for additional right of way at this time and bring the design back for approval within 60 days. MPLEMENTATION SCHEDULE: It is estimated that the relocation can be completed within 9 months. A TT ACHMENTS: 1. Notification Letter 2. Location sketch 3. Park master plan COMMISSION ACTION: 010807 _ COMM _Regular _306_ Leerdam _Lease ATTACHMENT NO.1 DELIVERY ADDRESS: 369 N. NEW YORK AVENUE THIRD FLOOR WINTER PARK, FL 32789 ABBYE E. ALEXANDER J. LINDSA Y BUILDER. JR. EILEEN D. FERNANDEZ DOUGLASK GARTENLAUB JESSE E. GRAHAM, JR VALERIE JAHN GRANDIN JESSICA K. HEW PAUL D. JOHNSON, JR. ("JJ") FREDERICK W. JONES HOWARD S. MARKS SAMUEL M. NELSON JAMES R. PRATT DUDLEY Q. SHARP, JR. WENDY SHAY TEMPLE KEITH R. WATERS GEOFFREY D. WITHERS BUILDER JONES PRATT & MARKS~ LLP MAILING ADDRESS: P.O. DRAWER 1690 WINTER PARK, FL 32790-1690 TELEPHONE: (407)6474455 FACSIMILE: (407)740-7063 E.MAIL: GRAHAMBlJILDER.COM A TTORNEYS & COUNSELORS AT LAW November 29,2006 OF COUNSEL: JAMES W. MARKEL Anthony A. Garganese, Esquire Brown, Garganese, Weiss & D' Agresta, P.A. P. O. Box 2873 Orlando, FL 32802-2873 'BOARD CERTIFIED (BUSINESS LITIOA nON) "BOAJUlCERTIFIEO (REU ESTATE LAW) '''BOARD CERTIFIED (BUSINESS LITIO.. TlON) '''BOARD CERTIFIED (CI\'IL TRl.u L,w) "'NBTA CERTIFIED CIVIL TRLAL ADVOCATE ....CERTIFIED MEDIATOR Re: Springs Land Jessup Shores Joint Venture v. City of Winter Springs, Florida Our File No.: 55-25 Dear Mr. Garganese: I am ,writing to you as you are the attorney for the City of Winter Springs, Florida. Please note that I represent Springs Land Jessup Shores Joint Venture. As you mayor may not be aware, the City of Winter Springs is leasing certain property from my client. I am enclosing for your review, a Lease, Third Amended Lease and Addendum to Third Amended Lease. Please note that pursuant to paragraph 1 of the Addendum to Third Amended Lease, the term of the Third Amended Lease expired on July 31, 2005, Accordingly, the Lease terminated by its own terms. Demand is hereby made that the City of Winter Springs hereby remove any improvements placed upon the property and to restore the property to its original condition pursuant to the terms of the Addendum to Third Amended Lease. In the alternative, if your client desires to negotiate a Purchase and Sale Agreement or to proceed with eminent domain, please contact me immediately. Your cooperation in this matter is greatly appreciated and my client looks forward to the City of Winter Springs' response within ten (10) days from the date of this letter. HSMllg cc: client Sincerely, Howard S. Marks LOCATION SKETCH CENTRAL WINDS PARK MASTER PLAN Harth . Pier and Intake Line 1) Accommodate parking; a modified boulevard design; a multiuse park building with restrooms and overlook; a newly expanded playground in the Passive Park; a City Recreation Center; and a fishing pier and boat launch area. 2) Provide a safe park for pedestrians with no "cut through" vehicular traffic through the Passive Park. Design this parking area drive (Orange Avenue between boulevard and arched bridge) as irregular and conforming to the existing trees to help slow traffic. 3) Provide a healthy mix of "active" and "passive" park areas for a variety of park users. CITY of WINTER SPRINGS, FLORIDA MI,hael Design Assales P k & R . DUd led JnI 2006 ~~"'-::'Dool" ar s ecreatlon epartment pay