HomeMy WebLinkAboutItem #07 Approval of Sixth Amendment to Ground Lease Agreement between the City of Ocoee and Forest Lake Golf Club, LLLP ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: August 2, 2016
Item # 8
Reviewed By:
Contact Name: Charles K. Smith, P.E. Department Director: Charle K. S 401P;I;;4 E.
Contact Number: 407-905-3159 City Manager: Robert Fra /-'�yr
Subject: Approval of Sixth Amendment to Ground Lease Agreement b-tween the City of
Ocoee and Forest Lake Golf Club, LLLP
Background Summary:
The City of Ocoee owns the property which the Forest Lake Golf Course currently occupies. The City leases
this property and its improvements to Forest Lake Golf Club, LLLP, to operate and maintain the improvements
made to the property consisting of: club house, maintenance barn, and greens, comprising a complete and fully
functioning golf course. The City occupies portions of the property for improvements relating to wastewater
effluent treatment and disposal needs. These improvements consist of utility easements, effluent
transmission/disposal piping, and rapid infiltration basins. The City and Forest Lake Golf Club originally entered
into a lease in 1991, and it has been amended numerous times throughout the years as needed.
The City of Ocoee utilizes an Advanced Metering Infrastructure (AMI), Sensus' FlexNet® system. This system
uses meters equipped with radio communications which allow the Utilities Department to read and collect water
usage information from these meters without physically interacting directly with the meter. The collection of
minute by minute historical data around the clock enables the Utilities department to analyze water usage,
collect billing information and troubleshoot meter issues without sending out a technician to the site. The
FlexNet system utilizes a series of radio telemetry towers to send signals to, and receives communications back
from, the meters. Since these water meters use low wattage power, signal strength is adversely affected by
distance and interference with line of sight communications. As the City's water distribution system grows, a
series of repeater towers are utilized to overcome distance and obstacle interference with the transmission and
reception of these low power signals.
The City's expansion of reclaimed water service to the northern portions of the City has required an additional
communication tower to insure proper communication between meters for data transfer. Several potential tower
locations were evaluated for logistics and cost effectiveness. The most appropriate location was decided to be
the Forest Lake Golf Course, on the Western side of the 429, and the Lease Amendment formalizes the use of
the golf course for a tower site.
The City's attorneys have revised the current Ground Lease Agreement between the City and Forest Lake Golf
Club, LLLP, to reflect the new tower's construction and operation on the City-owned property.
Issue:
Should the Mayor and Commission approve the Sixth Amendment to Ground Lease Agreement between the
City of Ocoee and Forest Lake Golf Club, LLLP, and authorize the Mayor to execute the Agreement?
Recommendations
Motion for Mayor and Commission to approve the Sixth Amendment to Ground Lease Agreement between the
City of Ocoee and Forest Lake Golf Club, LLLP, and authorize the Mayor to execute the Agreement.
Attachments:
Sixth Amendment to Ground Lease Agreement between The City of Ocoee and Forest Lake Golf Club, LLLP
Financial Impact:
Execution of this Agreement has no financial impact.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
SIXTH AMENDMENT
TO GROUND LEASE AGREEMENT
THIS SIXTH AMENDMENT TO GROUND LEASE AGREEMENT (the "Sixth
Amendment") is made and entered into as of the day of , 2016, by and between
the City of Ocoee,a Florida Municipal Corporation("Lessor") and Forest Lake Golf Club,LLLP,
a Florida limited liability partnership("Lessee"), formerly known as Forest Lake Golf Club, Ltd.,
as successor in interest to Riverbend Golf Group, Inc.
WITNESSETH:
WHEREAS, Lessor and Lessee are parties to an unrecorded Ground Lease Agreement,
dated December 3, 1991, as amended by an unrecorded First Amendment, dated December 17,
1992, an unrecorded Second Amendment, dated March 16, 1993, by an unrecorded Third
Amendment,dated April 6, 1993,by an unrecorded Fourth Amendment, dated April 15,2003, and
by an unrecorded Fifth Amendment, dated April 21, 2009 (collectively the "Lease") under the
terms of which Lessee operates a public golf course and effluent transmission, disposal, and re-
use facility on certain real property owned by Lessor; and
WHEREAS, Lessor intends to contract with a Contractor to install a repeater tower near
•
Forest Lake Golf Club; and
WHEREAS, Lessor and Lessee desire to amend the area described in the Lease to remove
from the land Lessee currently leases the land upon which the repeater tower will be erected; and
WHEREAS,Lessor and Lessee wish to further modify the Lease to address insurance and
ingress/egress issues relating to installation of the repeater tower by Lessor or Lessor's designee.
NOW, THEREFORE, in consideration of the promises and mutual covenants and
agreements set forth below and in the Lease,the Lessor and Lessee covenant and agree as follows:
1. All capitalized terms shall have the same meanings as defined in the Lease unless
otherwise defined herein.
2. Amendment to Exhibit "A" to Lease. Lessor and Lessee agree that the area
described in Exhibit "A-6", which is attached hereto and incorporated by reference, shall be
deemed deleted from the Premises as described in Exhibit"A"to the Lease. Lessee hereby grants
to Lessor and its permittees,invitees,licensees,guests,or assigns the right and privilege to ingress
and egress over, under, and across the Premises for the purposes of accessing the area described
in Exhibit"A-6".
3. Additional Insured. Lessor agrees that, when contracting for installation of a
repeater tower, to require Lessor's Contractor, for itself and its subcontractors, to procure and
maintain Commercial General Liability Coverage, including but not limited to, contractual,
products, and completed operations, and personal injury, the limits of which shall be no less than
One Million Dollars ($1,000,000.00) for combined single limit, personal bodily injury, and
property damage per occurrence or its equivalent. Lessor agrees to require Contractor to name
Lessee as an additional insured to said policy.
4. Future Cooperation. The parties agree to work together in good faith to coordinate
in mutually identifying the location and placement of future pipe lines under and across the
Premises for the purposes of providing a key element of a southern looping for the reclaimed water
system in the NSA and a service connection for a feed of pressurized reclaimed water to the golf
course. The location and placement will be identified and graphically depicted in a separate
amendment to the Lease agreement
5. Except as provided herein, Lease shall continue in full force and effect and each of
the parties hereto ratifies and confirms the terms and conditions of the Lease. All reference herein
to the Lease shall refer to the Lease as amended by this Sixth Amendment unless the text or context
indicates otherwise. In the event of any conflict between the Lease and this Sixth Amendment, it
is agreed the Sixth Amendment shall control.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Sixth Amendment to
Ground Lease as of the day and year first above written.
LESSOR, CITY OF OCOEE
By: Rusty Johnson,Mayor
ATTEST:
City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
, 2016
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 2016.
SHUFFIELD, LOWMAN& WILSON, P.A.
By:
City Attorney
LESSEE, FOREST LAKE GOLF CLUB, LLLP
Witnesses: a F1ori+a Limited Liability"artnership
Print Name In�;l1 tfr S. $a.4 By:
Its: 1.12e 4-1 gM �-
Pri 64-47
Name SO Gis, ,e�°.S
. Exhibit A-6
Map of Boundary Survey
of
City of Ocoee Forest Lakes Golf Course Cell Tower
Located in
Section 5, Township 22 South, Range 28 East
Orange County, Florida
Legal Description
A parcel of land lying in Section 5, Township 22 South, Range 25 East and being a portion of lands
described in Official Records book 3946 Page 4065 of the Public Records of Orange County, Florida
and being more particularly described as follows:
Commencing at the West 1/4 corner of said Section 5 (as documented by Florida Department of
Environmental Protection Certified Corner Record#66539), thence run N 04°07'2 I"E, along the West
line of the Northwest 1/4 said Section 5, a distance of 1279.94 feet to a point lying 1202.23 feet
south of, as measured along said west line, the Northwest corner of said Section 5 (as documented by
Florida Department of Environmental Protection Certified Corner Record CCR 43755), thence departing
said West line , run 5 85°52'39"E a distance of 1 404.42 feet to the POINT OF BEGINNING of the
herein described parcel; thence run N 00°2549" W, a distance of 20.00 feet; thence run N 59°34'1 1"
E, a distance of 20.00 feet; thence run S 00°25'49"E, a distance of 20.00 feet; thence run 5
69°34'1 I" W, a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 400 square feet or 0.009 acres, more or less.
Surveyors Notes
I. This Map of boundary Survey is not valid without the signature and original raised seal of the
signing Florida licensed Professional Surveyor and Mapper.
2. The lands described and depicted hereon were not abstracted for ownership, easements,
rights-of-way or other title matters by this firm.
3. Bearings shown hereon are relative to the Florida State Plane Coordinate System,East Zone
(0901), North American Datum of 1 983/201 1 Adjustment, with the West line of the NW 1/4
Section 5, Township 22 south, Range 25 east being N 04°07'21"E .
4. The legal description shown hereon was prepared by this firm at the direction of the client.
0\011111o/
5. Unde grbur ra err(eop, if any were not located.
G. o fJ 04—Bounder va cyis certified to and for the exclusive use of the City of Ocoee.
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▪ c• A0BgRT M. .,1
FLORt9A$��3+i SI( .RL t. r,- NMAPPER
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PROJECT TITLE: // of Boundary Survey
I City of Ocoee Forest Lakes Golf Course Proposed Cell Tower Site
Section 5, Township 22 South, Range 26 East, Orange County, Florida DATE BY DESCRIPTION
REVISION
'.F, Amec Foster Wheeler Environment & Infrastructure, Inc. DRAWN BY: ADM. CHKD.BY: R.M.J.
DATE: 05/12/2016 DATE: 05/12/2016
75 East Amelia Street,Suite 200
• Orlando,F132901 USA JOB No. SCALE: SHT. 1
amec - Phone:(407)522-7570 6374160926 N/A of 2
foster Fax:(407)522-7576
wheeler Certificate of Authorization Number LB-0007932 DRAWING NAME:City of Ocoee Forest Lakes Towersite.dwg
NW corner Section 5.22.26
ir-
found
4'x 4'concrete monument Legend:
i5 1221'
CCR 143756 + = Set 5/5"Iron Rod*Cap
"LB 7932 AMECEW
ICCR = Certified Corner Record
ILB =Licensed Business
I PPt: =Parker-Kalon Company
POB = Point of Beginning
Ic).1
N POC =Point of Commencement
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Property Warne:forest Lake Golf Course----)
Owner:City Of Ocoee
Parcel ID: 05-22-25.0000-00-001
K I N 5920.00'°34'1
20.00'1"E
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cki IL,
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5 82'39°E 1404.42'tJ /i O tc5q st PJ '`C1 O O Q a
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2 I 20.00'
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r Sedan 5-22.25
i a•i N
NORTH
1 U--
I AU.C GRAPHIC SCALE
W 1/4 comer 5ecbon 5.22.26 o i 0 20 40
found
Immi
PKNadtO6k
W 6057'
CCR 1 06539 (IN FEET)
I Inch = 20 ft.
PROJECT TITLE: L
Map of Boundary Survey f
City of Ocoee Forest Lakes Golf Course Proposed Cell Tower Site
Section 5, Township 22 South, Range 25 East, Orange County, Florida DATE BY DESCRIPTION
REVISION
le Amec Foster Wheeler Environment & Infrastructure, Inc. DRAWN BY: AD•W. CHND.BY: R.M.J.
75 East Amelia Street,Suite 200 DATE: 05/12/2016 DATE: 05/12/2016
Orlando,Fl 32801 USA JOB No SCALE: SHT. 2
amec Phone:(407)522-7570 6374160926 1'=20' OF 2
foster Fax:(407)522-7576
wheeler Certificate of Authorization Number LB-0007932 DRAWING NAME:City of Ocoee Forest Lakes Tower site.dwg