HomeMy WebLinkAbout08-20-2024 Supporting Documents�CITY OF OCOEE
1 N. Bluford Avenue
ocoee Ocoee, Florida 34761
fl6rld. 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open t e i ins o - ct"on by all persons.
9, 0 DATE
NAME V\ PHONE # 4
OCOEE RESID T YES 0 NO F-1
(OPTIONAL) ADDRESS CITY ZIP CODE
E-MAIL I way) 0 vjr�'dtx_ laKi, 0
I want to address the Board about (Please provide Item # and/or topic):
CILA,,
Do you have a prepared stat ment, or other document(s) from which you will address the Board?
No Yes 7 if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
CITY OF OCOEE
4 ru �' X-34 10 1 N. Bluford Avenue
0 C 0 e_ (> Ocoee, Florida 34761
ri flodo 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to inspection by all persons.
x
DATE
7Y
NAME A L, 1 PHONE
k
OCOEE RESIDENT YES 0 NO Er —
(OPTIONAL) ADDRESS CITY —ZIP CODA
I want to address the Board about (Please provide Item # and/or topic):
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Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code_— see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes.
Open to Public - citizens Comments - 3 minutes per speaker, per meeting.
Ocoee Ocoee, Florida 34761
florldo 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open toinspe inspection by all persons.
DATE
6�1' '7`
NAME PHONE#
111TIOT1112
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lassffiffl, 11
—Crry ZIP COD
I want to address the Board about (Please p vide Item # and/or topic):
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes.
Open to Public - Citizens Comments - 3 minutes per speaker, per meeting.
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wof 1 N. Bluford Avenue
Ocoee, Florida 34761
ocoe ' 407-905-3100
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SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to ins e do by f 11 persons. rr�
DATE kr PHONE # ill Z '-�" �
NAME) C CA
OCOEE RESIDENT YES A NO ❑
(OPTIONAL) ADDRESS
( CITY ZIP CODE
( want to address the Board about (Please provide Item # and/or topic):
Do you have a prepared statement, or other document(s) from which you will address the Board?
No <--- Yes if yes, please attach copy of same to this Reservation Form.
11 proceedings before the Commission shall be governed by the Civility Code - see back
The following time limits to speak are in effect: per speaker; p petitioner rebuttal - 5
Public Hearings: petitioner presentation -15 minutes; citizen comments - 5 minutes p
minutes. p p per meeting,
Open to Public — Citizens Comments - 3 minutes per speaker, p g•
CITY OF OCOEE
1 N. Bluford Avenue
ocoee Ocoee, Florida 34761
florlda 407-905-3100
SPEAKING RESFIRVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to in pectipn b all persons.
r'y
DATE
NAME c
PHONE#
OCOEE RESIDENT YES NO
7-
(OPTIONAL) ADDRESS CITY Zip CODE_
E-MAI V o V
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I �pt t but IdArjp�,s theBoard ei rovide Item # and/or topic)
Do you have a prepared st a ere t , r other document(s) from which you will address the Board?
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No Yes-4— j yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
minutes.
Omen to Public — Citizens Comments - 3 minutes per speaker, per meeting.
CITY OF OCOEE
0- 1 N. Bluford ( Avenue
ee 0 tv Ocoee, Florida 34761
oc'o
florid' 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to pection by all persons.
DATE
NAME PHONE# -5 2--
•
(OPTIONAL) ADDRESS CITY ZIP CODE
E-MAIL
I want to address the Board about (Please provide Item # and/or topic):
mF
Do you have a prepared statement, or other document(s) from whidh,you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearin_qs: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5 minutes.
Open to Public — Citizens Comments - 3 minutes per speaker, per meeting.
CITY OF OCOEE
144®RMS61V
I N. Bluford Avenue
ocoee
"O"a
SPEAKING RESERVATION FORM
Ocoee, Florida 34761
407-905-3100
NOTE: All submitted
speaking reservation
forms are public records under Chapter
119, Florida Statutes, and are
open to inspection
DATE -7 �6
NAME 0 0 U
y all persons.
PHONE#
6� -3
OCOEE RESIDENT YES !� NO -111111
CITY ZIP COD
1:8ififfli
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes if yes, please attach copy of same to this Reservation Form.
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
minutes.
Open to Public - Citizens Comments - 3 minutes per speaker, per meeting.
kt, oj�j CITY OF OCOEE
wq- 1 N. Bluford Avenue
ocoee Ocoee, Florida 34761
"'I"a 407-905-3100
SPEAKING RESERVATION FORM
NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are
open to inspection by all persons.
DATE
NAME PHONE#
OCOEE RESIDENT YES 0 NO El
(OPTIONAL) ADDRESS 15 m./�'-CITY-1-11/clr ZIP CODE "—
E-MAIL
I want to address the Board about (Please provide Item # and/or topic):
Do you have a prepared statement, or other document(s) from which you will address the Board?
No Yes— if yes, please attach copy of same to this Reservation Form.
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The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker; petitioner rebuttal - 5
minutes.
Open to Public - Citizens Comments - 3 minutes per speaker, per meeting.
1. June 25, 2024 —Agreement of purchase and sale executed by parties.
2. June 26, 2024 — delivered Notice of Proposed Assignment (along with executed agreement) ,
to City Staff for review and analysis starting the 60-day Right of First Refusal period.
u. The Agreement (assignment) is specifically conditioned upon the City's Right of First
b. Based upon the date of Notice of Proposed Assignment, the City's Right of First
Refusal expires on August 2.6 2024.
3. August G\2O24-City Commission directs City Attorney to request 60-day extension to City's
Right ofFirst Refusal period.
4. August16, 2024— Forest Lake provides City a 60-day extension W Right of First Refusal
period, subject to an in -person meeting between Forest Lake, J4 Hospitality and City Staff
within 10days —dleprevious deadline toexercise Right ofFirst
Refusal).
5. October 15, 2024— New Right of First Refuoal deadline, provided a meeting with City Staff
occurs on or before August 26, 2024.
a. This is the deadline to exercise the Right of First Refusal under the same terms and
b. This is NOT the deadline to approve of the assignment itself.
TIT SEVENTH AMENDMENT TO GROUND LEASE AGREEMENT ("Seventh
Amendment") is entered to this day of August, 2024, by and between CITY OF OCGEE, a
Florida municipal corporation ("Lessor"), and FOREST LAKE GOLF CLUB, LLLP, a Florida
limited liability partnership ("Lessee").
WHEREAS, Lessor and Lessee entered into that certain Ground Lease Agreement with
an Effective Date of December 3, 1991, amended by that certain First Amendment to Ground
Lease Agreement dated December 17, 1992, amended by that certain Second Amendment to
Ground Lease Agreement dated March 16, 1993, amended by that certain Third Amendment to
Ground Lease Agreement dated April 6, 1993, amended by that certain Fourth Amendment to
Ground Lease Agreement dated May 6, 2003, amended by that certain Fifth Amendment to
Ground Lease Agreement dated April 21, 2009 amended by that certain Sixth Amendment to
Ground Lease Agreement dated August 2, 2016 (collectively the "Lease"); and
WHERE AS, Lessee entered into that certain Agreement of Purchase and Sale with JA
Hospitality LLC with an effective date of June 25, 2024 for the sale of Lessee's business as a golf
course facility and Lessee's interest in the Lease to JA, Hospitality; and
WHEREAS, Lessor received a letter from Lessee's attorney dated June 26, 2024,
regarding Lessee's potential assignment of Lessee's interest in the Lease to JA Hospitality LLC;
and
WHEREAS, any assignment of Lessee's interest in the Lease requires the prior written
approval of Lessor; and
WHEREAS, Lessor has the right of first refusal with respect to any requested assignment
of Lessee's interest in the Lease; and
WHEREAS, Lessor and Lessee wish to meet to discuss Lessee's June 26, 2024 notice to
Lessor.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lessor and Lessee agree as follows:
1. Defined Terms. All defined terms used in this Seventh Amendment shall have the
same meaning given to such term in the Lease, as may be amended.
2. Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference as material provisions of this Seventh Amendment.
3. Meeting. In order for Lessor to better be able to respond to Lessee's June 26, 2024
notice to Robert Frank of proposed assignment and requested response from Lessor as to Lessor's
right of first refusal, counsel for Lessor and Lessee, Lessee and Lessee's proposed assignee, and
representatives of Lessor's staff shall meet within ten (10) days of the date of this Seventh
Amendment.
the information that was first requested about the assignee today, The City Commission directed you to request a60-
deyextenoioUhoitsROFR, period.{ngondfaith,ForestLakehasaQreedtothbextension,provdedvxecananangea
meeting with City Staff by August 26, 2024, so that our client has some confirmation that the City will commence its
evaluation of both the ROFR and proposed assignee with haste. Please provide dates at your earliest convenience, at
which point we will arrange the meeting, and the requested 60-day extension will be granted.
I will outline this information to the City Commission at tonight's meeting. Please call if we can discuss in advance to
ensure this information doesn't become too confusing given the usual 3-minute limitation that will be imposed on my
public comment period.
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JeniorAssudote
215 N. Eo|a Dr. I Orlando, FL328O1
D:407/418.GZ37 P:4O7.843.46OD 1 Eut: 1237
From: Richard Geller
Sent: Tuesday, August 2O2O241O:25AK8
To: Opsah|,Logan
Cc: Kurt Ardannun man ; Leath, Nicole le. ;Edmback,Hanna
<; HiUaryG. Griffith ,; Miedone,Tinn
CAUTION: THIS 15 AN EXTERNAL EMAIL
Your proposed conditional extension of the City's 60 day right to exercise or decline the City's right of first
refusal is ambiguous and leaves too many open questions. The proposed Seventh Amendment we sent to you
provides both the mutually desired meeting between your client, JA Hospitality, and the City, and the
extension requested by the City Commission. You have not identified anything in the proposed Seventh
Amendment that is unreasonable or should not be acceptable.
because your client is not willing to execute the proposed Seventh Amendment, the City Staff and the City
Attorney will ask the Commission to act accordingly on the Logan's June 26, 2024 letter to Robert Frank
regarding the Ground Lease Agreement dated December 3, 1991.
Clearly, neither your client nor JA Hospitality has provided the City with requested or sufficient information
decline to exercise the City's right of first refusal.
With respect to Logan's June 26, 2024 letter, which references notice of Forest Lake Golf Club, LLP's intent to
assign the Ground Lease and requesting the City's decision to exercise the City's right of first refusal within
sixty days of June 25, 2024, a number of issues must be addressed.
First, the letter does not request the City's approval of an assignment as required by the Ground Lease
Agreement.
Second, the terms and conditions of any proposed assignment are not set for in either the letter or its
enclosures.
Third, although Logan included an Agreement of Purchase and Sale of certain Land and Property, that
Agreement is a fully executed agreement between Forest Lake and JA Hospitality, LLC with an Effective Date of
June 25, 2024 ("Agreement"). This is not a proposed assignment or proposed agreement. The dates,
deadlines, rights, and obligations under the Agreement do not give the City an opportunity to exercise the
City's right of first refusal on the same terms and conditions as JA Hospitality, LLC.
Fourth, relating to the fully executed Agreement, Exhibit "A," which is to describe the Land is blank. Exhibit
"C," which is to list all members of the Property subject to membership agreements is blank. Exhibit "D,"
which is to list all oral and written agreements of
or any of the Property is blank, Exhibit "E," which is to list all leases, tenancies, licenses, and other rights of
occupancy or use of any portion of the Property, is blank. Exhibit "F," which is to list all of Forest Lake's
Contracts related to the Property is blank. Exhibit "G," which is to list all of Forest Lake's Equipment Leases
related to the Property is blank. Finally, Exhibit "9(e), referencing Assumed Contracts, is blank. Without the
documentation and information from these seven exhibits, the Agreement is missing essential terms and the
City cannot properly evaluate the Agreement or decide whether to exercise or decline the City's right of first
refusal.
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?pprove of such unknown assignee, assuming the Agreement is part of a proposed assignment.
If Forest Lake wishes to request that the City consider approving of an assignment of the Ground Lease
Agreement from Forest Lake to JA Hospitality, LLC, please provide such request with whatever terms and
conditions are proposed by JA Hospitality, LLC. If you are asserting that the fully executed Agreement
constitutes the proposed terms and conditions for an assignment, such Agreement is insufficient and invalid as
?. requested assignment, as partly outlined abo..e,
However, in a good faith attempt to consider a potential proper request from Forest Lake for the City's
evaluation of an assignment and/or exercise of the City's right of first refusal, please provide the following
documents and information:
1. All of the information and documents listed on Exhibit "B" of the fully executed Agreement.
2. Copy of the title insurance commitment and all documents referenced as exceptions in the commitment
that Forest Lake was to provide to JA Hospitality, LLC by July 5, 2024.
3. All of the documents and information referenced in the fully executed Agreement which reference
Exhibits A, C, D, E, F1 G, and 9(e) where such documents or information exists.
4. A copy of all Surveys and all other documents, reports, analyses and matters provided or to be provided
by or to Forest Lake and/or JA Hospitality, LLC relating to Forest Lake's potential assignment of its interest in
the Ground Lease Agreement.
5. Comprehensive financial statements of JA Hospitality, LLC for the last three years, including balance
sheets, income statements and cash flow statements.
6. A detailed business, refurbishment, redevelopment, enhancement description outlining JA Hospitality,
LLC's strategy and plans for the golf course property, including projected revenues and expenses, marketing
strategies, and capital investment amounts, plans and sources.
7. Detailed account of JA Hospitality, LLC's experience in operating golf courses, including pertinent
references, prior projects, and the duration and nature of JA Hospitality, LLCs involvement, the duration of
such involvement and status of those prior projects to date.
8. Detailed account of JA Hospitality, LLC's experience and abilities with respect to managing, operating,
constructing, repairing, and refurbishing reclaimed water facilities providing detailed descriptions of each such
project, the duration and status of each.
9. All of the information and documents not provided to ZHA as outlined in Robert Utsey's July 30, 2024 e-
mail to Craig Shadrix, attached hereto.
10. All of the information and documents referenced on the attached Forest Lake Golf Club Due 1iligenc-1
Checklist not included in the above.
in MA. IMF Me Niel 1.t.111 0 11�fi
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?,t City Hall, to deny the request.
Kurt