HomeMy WebLinkAboutVII (E 1&2) Forest Lake Golf Course: 1. Approval of Agreement with Orange County and Forest Lake in connection with taking by County Clarcona-Ocoee Road; 2. Approval of Fourth Amendment to Ground Lease Agreement Agenda 4-15-2003
Item VII E 1&2
FOLEY : LARDNER
ATTORNEYS AT LAW
MEMORANDUM
UUENT MATTER NUMBER
020377 0620
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney f
DATE: April 8, 2003 l�
RE: Forest Lake Golf Club: Taking by Orange County for Clarcona/Ocoee Road
Project
QUESTION:
Should the City Commission approve (i) the proposed Agreement between the City, as
Seller, Forest Lake Golf Club, Ltd., as Lessee and Orange County, Florida, as Buyer, for the
conveyance of County Roadway Parcel No. 1045 in connection with the Clarcona/Ocoee Road
Improvement Project, and (ii) the Fourth Amendment to Ground Lease between the City and
Forest Lake Golf Club, Ltd.
DISSCUSSION:
The Orange County Commission has approved plans for a 4.6 mile reconstruction of
Clarcona/Ocoee Road (the "Roadway Project"). Improvements are being undertaken by the
County to accommodate future traffic demands safely and efficiently. Clarcona/Ocoee Road will
be improved by the County as a four-lane divided urban roadway. The proposed improvements
include two 12-foot travel lanes with a 22-foot raised median, 4-foot bicycle lanes and 5-foot
sidewalks.
In connection with the Roadway Project, it is necessary for the County to acquire fee
simple title to a portion of lands owned by the City along Clarcona/Ocoee Road which are under
lease to Forest Lake Golf Club, Ltd. as part of the Golf Course Ground Lease (the"Lease"). The
City staff was first contacted regarding the potential taking in 2001. At that time, it was decided
that the best course of action would be for Ken Ezell of Forest Lake to take the lead in dealing
with the County since the primary impacts would be to the operational aspects of the golf course.
Since that time, Mr. Ezell has worked actively with the County to reach an agreement and has
kept the City staff informed regarding the progress of his discussions.
The County obtained an appraisal from DeRango, Best & Associates for the acquisition
of a 1.930 acre strip of land owned by the City (which is referred to as "Parcel 1045"). The
appraisal concluded that the fair market value of the land was $48,249.00, that the value of the
improvements within the taking area was $65,907.00 and that the net cost to cure was
006.291992.1 FOLEY& LARDNER
FOLEY : LARDNER
$334,093.00 for a total acquisition value of$448,249.00. A copy of the appraisal is available for
review in the City Clerk's office as part of the backup to this memorandum. The City and Forest
Lake received the attached offer dated December 18, 2002 which was based upon the appraisal.
It should be noted that DeRango, Best & Associates is an appraiser frequently utilized by the
City. The City Attorney has reviewed the appraisal and found it to be acceptable. Forest Lake
has also reviewed the Appraisal and recommended that an agreement be reached with the County
without the need for a further appraisal.
Throughout this process, Forest lake has been working with the City staff in connection
with the redesign of the golf course entrance and landscaping which will be necessitated by the
taking of Parcel 1045. This has resulted in the submittal to the City of proposed construction
plans for the entrance placement and parking addition and proposed landscaping plans. These
plans arc being administratively processed through City staff for review and approval and do not
require action by the City Commission. While the proposed plans are generally consistent with
previously held discussions between the City staff and Forest Lake, the City staff has not yet
provided final approval. A copy of the latest plans are available for review in the Planning
Department.
The proposed taking by the County constitutes a partial taking. Under the provisions of
Section 8.3 of the Lease, in the event of a partial taking all monies are to he distributed between
the City and Forest Lake as may be mutually agreed upon between the parties. Following any
such partial taking, Forest Lake is required to repair or reconstruct any portion of the
improvements to the Premises so as to make them reasonably suitable for Forest Lake's
continued occupancy for the uses and purposes contemplated by the Lease. Based on
discussions with City staff, Forest Lake has agreed and City staff is recommending that the
portion of the taking associated with the land value be divided equally between the City and
Forest Lake and that the portion related to damages to improvements and cost to cure be paid
solely to Forest Lake, subject to their obligation to make improvements in accordance with plans
approved by the City. Attached hereto is an Agreement prepared by the County and executed by
Forest Lake which reflects this distribution of the monies. Additionally, the Agreement provides
for the County to pay legal fees incurred by both the City and Forest Lake.
The taking of Parcel 1045 requires certain revisions to the Lease in order to reflect the
removal of the parcel from the Leased Premises, as well as the obligation of Forest Lake to make
improvements to the remaining Premises consistent with plans approved by the City.
Additionally, there arc certain clean-up matters in connection with the previous taking by the
Expressway Authority which need to be incorporated into the Lease. Attached hereto is a draft
of a proposed Fourth Amendment to Ground Lease Agreement. The Amendment is still be
finalized with Forest Lake and may be revised prior to the City Commission meeting.
The City staff is recommending that both the Agreement with the County and the Fourth
Amendment to the Lease be approved by the City Commission.
2
006.291992.1
FOLEY : LARDNER
ORNEYS . T LAW
RECOMMENDATION:
It respectfully is recommended that the City Commission approve (1) the proposed
Agreement between the City, Forest Lake Golf Club, Ltd. and Orange County, Florida for the
sale of Parcel No. 1045 to Orange County in connection with the Clarcona/Ocoee Road
Improvement Project, and (2) the proposed Fourth Amendment to Ground Lease Agreement
between the City and Forest Lake Golf Club, Ltd., with such changes thereto as may be agreed to
by the City staff, and further authorize execution thereof by the Mayor and City Clerk and
further authorize the Mayor and City Clerk to execute all documents necessary to consummate
the conveyance of Parcel 1045 to the County.
PER/jlh
Enclosure
3
006.291992A
Parcel : 1045
Project : Clarcona-Ocoee Road
(Ocoee-Apopka Road to Hiawassee Road)
AGREEMENT
COUNTY OF ORANGE
STATE OF FLORIDA
THIS AGREEMENT made between the City of Ocoee, a Florida
municipal corporation, hereinafter referred to as SELLER, Forest Lake
golf Club, Ltd. , hereinafter referred to as LESSEE, and ORANGE COUNTY,
FLORIDA, a political subdivision of the State of Florida, hereinafter
referred to as BUYER.
WITNESSET H:
WHEREAS, the BUYER requires the land described on Schedule 'A"
attached hereto (Parcel 1045) for construction and maintenance of the
above referenced project and said SELLER agrees to sell said land for
such purpose .
WHEREAS, substantial modifications will need to be made to the
Forest Lake Golf Club leased and operated by the LESSEE, which
modifications have been agreed upon by the LESSEE, SELLER and BUYER.
In consideration of the sums set forth hcreinbelow, which the
parties hereto have agreed is full and fair compensation for the land
being acquired and the necessary modifications to the golf course, the
receipt and sufficiency of which is acknowledged by each of the
parties hereto the parties hereto agree as follows :
1 . SELLER agrees to sell and convey Parcel No. 1045 of the above
referenced project, by warranty deed, free of liens and
encumbrances, unto BUYER for the sum of $48, 249 . 00 . LESSEE
shall join in of otherwise consent to such deed, which parcel
shall thereafter be deemed deleted from the lease between
SELLER and LESSEE.
At closing there will be a proration of taxes due on any
parcel in which a fee simple interest is conveyed hereunder.
SELLER' S share of such taxes shall be withheld from LESSEE'S
share of the proceeds for the land being acquired as set
forth below and BUYER shall pay same to the Tax Collector of
Orange County.
1
2 . Subject to the consent of the mortgage holder, SELLER and
LESSEE have agreed that the aforesaid proceeds for the land
being acquired by BUYER shall be reasonably apportioned
between them with each receiving half thereof. BUYER shall
pay unto SELLER the sum of $24, 124 .50 by County Warrant within
30 days after the effective date of this agreement, provided
all instruments required to complete the above purchase and
sale have been properly executed and delivered to BUYER.
BUYER shall also pay unto LESSEE the sum of $24, 124 .50, less
SELLER' S share of the prorated taxes, by County Warrant within
30 days after the effective date of this agreement, provided
all instruments required to complete the above purchase and
sale have been properly executed and delivered to BUYER. The
taxes shall be prorated as of the date cf the deed-
3 . BUYER further agrees to pay LESSEE the sum of $400, 000 .00 as
compensation for making the modifications to the golf course
necessitated by this road widening. Said sum shall be paid by
BUYER to the LESSEE within 30 days after the effective date of
this agreement, provided all instruments required to complete
the above purchase and sale have been properly executed and
delivered to BUYER. It is expressly understood that LESSEE
will continue using the existing entrance to Forest Lake Golf
Club until such time as the new entry is open, at which time
LESSEE shall proceed with the removal of the existing entry.
BUYER consents to LESSEE's use of the land acquired herein for
a period of up to 180 days from the date LESSEE receives the
agreed-upon funds to make the necessary modifications to the
golf course property for purposes of effectuating the
modifications contemplated by the parties.
4 . As this is an acquisition under threat of condemnation, BUYER
agrees to pay the SELLER' s legal counsel the sum of $7, 500 . 30
for legal fees incurred in connection with this project.
BUYER also agrees to pay LESSEE's legal counsel the sum of
$18,266. 00 for legal fees incurred in connection with this
project. Said fees shall be paid directly to respective
counsel at the time of the closing of this transaction,
provided all instruments required to complete the above
purchase and sale have been properly executed and delivered to
BUYER.
5. As this is an acquisition under threat of condemnation, BUYER
shall pay all closing costs, exclusive of SELLER' s share of
the prorated property taxes .
2
6 . SELLER and LESSEE agree that during the period of construction
for BUYER' S project, BUYER is permitted to enter upon SELLER'S
and LESSEE' s remainder at the point of the new entry at the
southeast corner of the subject property (intersection of
Adair Street and Clarcona-ocoee Road) a distance of twenty-
five (25) feet beyond the new right-of-way line established by
Parcel No. 1045 for the purpose of grading this area and
installing such paving as is necessary in order to harmonize
and tie-in to SELLER' s and LESSEE' s remaining property with
the new construction. Grading and paving is to be done on a
best effort basis as the equipment will allow, avoiding all
improvements except grass turf. BUYER to replace disturbed
grass turf with equal or better sod.
7. Effective Date: This agreement shall become effective on the
date upon which it has been fully executed by the parties and
approved by the Orange County Board of County Commissioners
and/or the Manager/Assistant Manager of the Orange County Real
Estate Management Division, as may be appropriate.
8 . Notices and communications regarding this agreement shall be
addressed to the following:
For the SELLER to:
Mary Doty, Esquire
Foley & Lardner
Post Office Box 2193
Orlando, Florida 32802
For the LESSEE to:
James M_ Spoonhour, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Post Office Box 2809
Orlando, Florida 32802
For the BUYER to:
Ms. Sabrina Miller
Orange County Real Estate Management
400 E. South Street, Fifth Floor
Post Office Box 1393
Orlando, Florida 32902
3
THIS AGREEMENT supersedes all previous agreements or
representations, either verbal or written, heretofore in effect
between SELLER, LESSEE and BUYER, made with respect to the matters
herein contained, and when duly executed constitute the AGREEMENT
between SELLER, LESSEE and BUYER. No additions, alterations, or
variations to the terms of this AGREEMENT shall he valid, nor can
provisions of this AGREEMENT be waived by any party hereto unless
expressly set forth in writing and duly signed by all of the parties
hereto.
The parties hereto have executed this AGREEMENT on the date(s)
written below.
SELLER:
CITY OF OCOEE, FLORIDA,
ATTEST:
BY:
Jean Grafton, City Clerk S. Scott Vandergritt, Mayor
(Seal) Date signed: , 2003
FOR THE USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 2003
This day of 2003 UNDER AGENDA ITEM NO.
FOLEY & LARONER
By:
Paul E. Rosenthal, City Attorney
4
LESSEE:
FOREST LAKE GOLF CLUB, LTD.
By Forest Lake G if Club, Inc. ,
its neral P ner
3Y:
Ke eth C. ze 1 esident
Date 'gned: , 2003
BUYER:
ORANGE COUNTY, FLORIDA, BUYER
By:
Sabrina L. Miller,
Acquisition. Agent
Date signed: , 2003
This instrument prepared by:
Virginia G. Williams, a staff employee
in the course of duty with the
Real Estate Management Division
of Orange County, Florida
•
•
Schedule "d'
Parcel No. 1045, Estate, Foe Simple, Purpose: Road Right—of—Way
A portion of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 22 South, Range 28 East.
Orange County, Florida, more particularly described as follows:
Commence at the Southwest corner of the Southeast I/4 of said Section 5; thence run North 00'38'05" -
East along the West line of the Southeast 1/4, a distance of 1417.39 feet; thence run North 02'27'05"
East, to distance of 22.56 feet to the POINT OF BEGINNING; thence run North 89'10'52" West,
a distance of 1323.91 feet; thence run North 00'17'52" East along the West line of the Northeast 1/4
of the Southwest 1/4 of said Section 5, a distance of 63.01 feet; thence run South 89'13'22' East, a
distance of 1324.07 feet: thence run South 00'27'00" West, a distance of 63.97 feet to the POINT OF
BEGINNING.
•
Containing 84,058 square feet, 1.930 acres.
1. BEARINGS SHOWN HEREON ARE BASED ON ORANGE COUNTY GEODETIC INFORMATION SYSTEM TRAVERSE BETWEEN G.I.S. POINT
#0104 TO G.I.S. POINT /f0105, AS BEINC N8dn9'49'E.
2. I HEREBY CERTIFY THAT THE `SKETCH OF DESCRIPTION' OF THE ABOVE DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE
PEST OF MY KNCWLEDGE AND BR/Er AS RECENTLY DRAWN UNDER MY DIRECTION AND THAT IT MEETS THE TECHNICAL STANDARDS
SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES.
RIGHT OF WAY PARCEL SKETCH Dote: CERT. NO. LB2108
CLARCONA—OCOEE ROAD MARCH. 2002 , ,_`_-- I�
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Code requires toot o legal description Maitland, Florida 32751
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ABBREVIATIONS: pl = BASSI INS ¢- SE 1/4
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O.R.B= OFFICIAL RECORDS BOOK W = PROPERTY LINE Ln i en
N = NORTH N/IN = RIGHT OF WAY _ al
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Drawing No. PAA1045 924 North Orlando Avenue
Q SEE SHEETS 9 H 10 ON RIGHT OF WAY MAPS Maitland. Florida 32751-4702
Job No. 45422 CIARCONA-000EE ROAD (409)847-0090 fex(400)047-1667
Dole MARCH, 2002 e-meiLinloQsoutheaaternaurveying.com Cert. No. LB-2108
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FOURTH AMENDMENT
TO GROUND LEASE AGREEMENT
THIS FOURTH AMENDMENT TO GROUND LEASE AGREEMENT is made and
entered into as of this day of , 2003. by and between the CITY OF
OCOEE, a Horida municipal corporation ("Lessor"), and FOREST LAKE GOLF CLUB,
LTD., a Florida limited partnership ("Lessee"), as successor in interest to Riverbend Golf
Group, Inc.
WITNESS ETH:
WHEREAS, Lessor and Lessee are parties to a Ground Lease Agreement, dated
December 3, 1991, as amended December 17, 1992 (the "First Amendment"), March 16,
1993 (the "Second Amendment") and April 6, 1993, (the "Third Amendment") (the "Lease")
under which Lessee operates a public golf course and effluent transmission, disposal and re-use
facility on certain real property owned by Lessor (the "Golf Course"); and
WHEREAS, Lessor and Lessee have entered into certain agreements with the
Orlando/Orange County Expressway Authority (the "Expressway Authority") in connection
with the Expressway Authority's acquisition of a portion of the Golf Course (the "Beltway
Parcel") for use as part of the Western Beltway of the Orlando-Orange County Expressway
System (the "Beltway Project'), as reflected in a Stipulated Order of Taking, dated July 2,
1998 (the "Stipulated Order"), and that certain agreement among Lessor, Lessee and the
Expressway Authority incorporated therein (the "Beltway Parcel Agreement"); and
WHEREAS, Lessor and Lessee have entered into a certain agreement with the Orange
County, Florida (the "County") in connection with the County's acquisition of a portion of
the Golf Course as more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof(the "Roadway Parcel") for use as part of the Clarcona Road
Improvement Project (the "Roadway Parcel Agreement").
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements set forth below and in the Lease, Lessor and Lessee covenant and agree as follows:
1. In accordance with the provisions of the Stipulated Order, the Expressway
Authority has granted to Lessor a certain Easement Agreement dated October 28, 1998 as
recorded in Official Records Book 5612, Page 20, Public Records of Orange County, Florida
(the "Easement Agreement"). Lessor hereby grants to Lessee the right and privilege to utilize
the Temporary Access Easements and the Access Easements, subject to the terms and
conditions of the Stipulated Order, the Beltway Parcel Agreement and the Easement
Agreement. The parties agree that the provisions of Section 1 of the Third Amendment to this
006.1097e8, DRAFT 4/7/03
Lease granting Lessee an easement across the "Beltway Parcel" (as defined in the Third
Amendment) are hereby deleted.
2. In accordance with the provisions of the Beltway Parcel Agreement, the
Expressway Authority or others have constructed certain improvements to the Access
Easements (the "Access Easement Improvements"). Lessee agrees to maintain the Access
Easement Improvements and any other improvements from time to time constructed in the
Access Easement Areas in good and workmanlike condition. In the event Lessee, its agents,
employees, licensees, guests, customers or invitees perform work within the Access
Easements, Lessee shall, at its own expense, obtain or cause to be obtained all permits,
licenses, approvals and consents necessary for any such maintenance, repair or other work.
Lessee further agrees to maintain at its own expense the Berm Improvements (as defined in the
Beltway Parcel Agreement) and any improvements within the Temporary Construction
Easements (as also defined in the Beltway Parcel Agreement). In addition, Lessee agrees not
to make any use of the Access Easements, the Berm Easement (as defined in the Beltway
Parcel Agreement) or any adjoining portion of the Golf Course which would weaken, diminish
or impair the lateral or subjacent support to the Beltway Project, the Berm Improvements, or
any improvements now or hereafter located on the Beltway Parcel.
3. In accordance with the provisions or Section 7 of the Beltway Parcel
Agreement, Lessee shall maintain general commercial liability insurance with limits of not less
than $2,000,000, combined single limit coverage, naming the Expressway Authority as an
additional insured. If Lessee performs construction or repair work within the Access
Easements it shall maintain general commercial liability insurance with limits of not less than
$1,000,000, combined single limit coverage, naming the Expressway Authority as an
additional insured. The insurance which Lessee is required to maintain under Article 7 of the
Lease shall cover any improvements it constructs and any and all liabilities arising out of or
relating to Lessee's use, occupancy or maintenance of, or the conduct of its operations on the
Access Easements.
4. In accordance with the provisions of Section 7 of the Beltway Parcel
Agreement, Lessee shall indemnify and hold harmless the Expressway Authority, Lessor and
their respective agents, employees and elected officials, appointed officers and representatives
from and against any and all liens, liability, rights, claims, demands, damages, expenses, fees,
fines, penalties, suits, proceedings, actions and costs (including, without limitation, attorney's
and paralegal's fees incurred, whether or not suit be brought. in litigation, mediation,
arbitration and bankruptcy proceedings, and any appeal therefrom, and in any post judgment
proceeding) of any kind and nature arising or growing out of or in any way connected or
alleged to have arisen out of or been occasioned, in whole or in part, by use by Lessee, its
employees, contractors, agents, licensees and guests of the Access Easements; provided,
however, that Lessee shall not be required to indemnify the Expressway Authority or Lessor
for any such matters arising out of or occasioned by the negligence of the Expressway
Authority or Lessor or their respective employees, contractors or agents. Lessee shall further
indemnify and hold harmless the Expressway Authority and Lessor from and against any and
all claims for which a construction, mechanic's, materialmen's or any other lien may be
2
006109768. DRAFT 4/7/03
asserted by an person or entity against the Beltway Parcel or any part thereof as a result of any
work performed by, for or on behalf Lessee. Notwithstanding the foregoing, no provision of
this Section 4 shall be construed as a limitation on any indemnities or other provisions set forth
in any other portion of the Lease.
5. Except as set forth herein, in the Stipulated Order and in the Beltway Parcel
Agreement, Lessee hereby waives and relinquishes any and all claims against Lessor of any
kind whatsoever in connection with the acquisition of the Beltway Parcel by the Expressway
Authority, including, without limitation, any claim under this Lease, any claim under that
certain Easement Agreement between Lessor and Lessee, dated May 28, 1993, and any claim
for apportionment or for damages to the Golf Course caused by the acquisition of the Beltway
Parcel.
6. Lessor and Lessee agree that the Roadway Parcel shall be deemed deleted from
the Premises upon conveyance thereof by the Lessor to the County.
7. In accordance with the provisions of Section 3 of the Roadway Parcel
Agreement, the Lessee is to receive monies from the County to make certain improvements to
the Premises which are necessitated by the Clarcona-Ocoee Road Improvement Project (the
"County Project'). In connection therewith the Lessee as submitted to the Lessor for review
and approval the following plans: (a) Construction Plans for Forest lakes Country Club
Entrance Placement and Parking Addition as prepared by Earner Barley and Associates. Inc.
being date stamped as received by the City of Ocoee on , 2003, and (b) Landscape
Plan prepared by Clifton, Ezell & Clifton date stamped received by the City of Ocoee on
, 2003 (collectively, the ' Lessee Plans"). The Lessee Plans have been
administratively approved by the City of Ocoee in it governmental capacity and are hereby
approved by the Lessee in its capacity as owner of the Premises.
8. Pursuant to the provisions of Section 8.3 of the Lease, the Lessee agrees, at its
own expense, to complete the improvements to the Premises as contemplated by the Roadway
Parcel Agreement and the Lessee Plans. Lessee shall, at its own expense, obtain or cause to
be obtained all permits, licenses, approvals and consents necessary for the undertaking of such
improvements. Further, Lessee shall indemnify and hold harmless the Lessor from and against
any and all claims for which a construction, mechanic's, materialmen's or any other lien may
be asserted by an person or entity against the Premises or any part thereof as a result of any of
the aforesaid work performed by, for or on behalf Lessee.
9. Except as set forth herein and in the Roadway Parcel Agreement, Lessee hereby
waives and relinquishes any and all claims against Lessor of any kind whatsoever in connection
with the acquisition of the Roadway Parcel by the County.
10. Lessee acknowledges receipt of the following notice:
A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may
not submit a bid on a contract to provide any goods or services to
3
006109768. DRAFT 4/7/03
a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in excess of $15,000 for a period of 36 months from the
date of being placed on the convicted vendor list.
11. Except as provided herein, the Lease shall continue in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Fourth Amendment
to Ground Lease as of the day and year first above written.
WITNESSES: LESSEE:
FOREST LAKE GOLF CLUB, LTD., a
Florida limited partnership
By: Forest Lake Golf Club, Inc., a Florida
corporation, General Partner
By:
Printed Name:
Title:
4
006.109768 DRAFT 4/7/03
LESSOR:
CITY OF OCOEE, a Florida municipal
corporation
By:
S Scott Vandcrgrift,
Mayor
ATTEST:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED
AS TO FORM AND LEGALITY, THIS lean Grafton, City Clerk
DAY OF , 2003.
(SEAL)
FOLEY & LARDNER
By:
AUTHORIZED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2003 UNDER AGENDA ITEM
5
006.109768. DRAFT 4/7/03
V ri 4R$AL ESTATE,hGWAoor•%P,D7ENT DIVISION
I( 393.Orland,,rmraa 328021393
407836-7070•Fax 409836,5969
1r www.orAngesnuntyinct
TINT'
GOVERNMENT
December I8,2002
City of Ocoee _ ::.i!
C/O Forest Lake Golf Club, Ltd.
505 Dellona Boulevard. Suite 102
Dellona,Florida 32725
Ann: Mr. Ken Ezell
Project: Clarcona-Ocoee Road
Limits: Ocoee-Apopka Road to Himvassee Road
Parcel: 1045
Dear Mr. Ezell:
As you are aware,the Orange County Board of County Commissioners has approved
plans for the 4.6-mile reconstruction of Clareona-(knee Road. Improvements are
necessary to accommodate future traffic demands safely and efficiently. Clarcona -
Ocoee.Road will be improved to a four-lane divided urban roadway. 'fhe proposed
improvements include two 12-foot travel lanes with a 22-foot raised median,4-foot
bicycle lanes, and 5-foot sidewalks.
In accordance with Florida Statute 73.015(4), I am notifying you that conslmclion of
the proposed road improvements will require that we obtain a portion of your
property for right-of-way purposes(please sec enclosed sketch).
An appraisal of the needed property has been made by an independent fee appraiser
and has been reviewed by our Orange County staff appraiser. We believe the
appraisal replcscrgs just compensation for the needed properly. Based on the
appraisal,the County is offering to pay S448,249.00 for the needed right-of-way.
This amount is summarized below:
Parcel: 1045 Interest: Fee Simple
Land (84,058 sq.ft.) $ 48,249.00
Improvements:Costto Cure 8400,000.00
Total: S448,249.00
Project: Clarcona- Ocoee Road
Limits: Ocoee-Apopka Road to Hiawassec Road
Parcel: 1045
December 18,2002
Page two
h is my sincere desire to work with you in reaching a mutually satisfactory agreement
for the purchase of your property. However, if negotiations are unsuccessful,it will
be necessary for us to file Eminent Domain proceedings to ensure construction
deadlines are met. In accordance with the provisions of the 2000 Florida Statutes,
Section 73.051 I,you are hereby notified that Florida law requires that Orange County
pay for reasonable attorney's fees, and all reasonable costs in the defense of the
condemnation proceedings 9e set forth in the Florida Statutes,Sections 73.091 and
73.092.
Please call me at(407)836-7076 if you have any questions regarding the foregoing.
Sine ,l(y yours, /
c.
Sabrinn L.Miller
Acquisition Agent
SLM
cc: Mr. James M. Spoonhour w/appraisal report
Ms. Mury A. Doty w/appraisal report