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Ordinance 06-1815 ~ ORDINA1eTCE NO. 06-1815 AN ORDINANCE OF TIIE CIT OF LONG~~VOOD, FLORIDA, NULLIF'YINCa AND VOIDING CDRDINANCES 95-1284 AND 98- 1437 Al`~TD AUTHORIZINCT A FIFTH (50) YEAR LEASE WITII OPTICAN TO PURCHASE CITY PROPERTY TO TIIE NORTII:LAND COll~I1VIUNITY CHURCH, PROVIDINCT FOR SEVERE~BILITY AND EFFECTIVE DATE. ~VI]~RF;AS, Ordinances 95-1284 and 98-1437 were adopted with the expressed intent to sell certain City property witl,i„ the Columbus Harbor Subdivision; and WL-IERI;AS, the City and Nortlland Corzwiuiuty Church has deteniiined that it is i.n the best interest of both parties not to pursue the sale and purchase of said property at this tinge; and WHEREAS, the City and Northland Coiiltnunity Church has determined it would be in the parties best interest to enter i~1to a ~0 year lease with option to purchase as opposed to an outright :sale of the property ~Gnd that certain lands be excluded from the lease with option to purchase. NO~'V, TI-IEREFORE, BE IT ORI;~AINED BY TI3E CITY COP~MI:SSION OF THE CITY OF LOlVCaVVOOD, FLORIDA, TIIAT: SECTION I. Ordinances 95-1284 ar.~d 98-1437 are hereby null and void; and SECTION II. T11e City and Northland Coi~llunity Church enter alto a 50 year lease with option to purchase for certain City property within the Columbus. Harbor Subdivision as described in Exhibit A of t11e lease agreement, and SECTION III. SEVERABILITY. ~ Should any section, paragraph, clause, sentence; item, •word, or provision of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall n.ot affect the validity of this ordinance as a whole or a~ly part hereof, not so declared to be invalid. SECTION V. EFFECTIVE DATE. This ordinance becomes effective upon adoption. FIRST g,EADING: ~a ~o ~,e.r- 2~ oo ~a SECOND READINCT: ~a~a ~o /CP Zo o~ , PASSED? AND ADOPTED THIS ~o" DAY OF ~~~-sue, 2006. Orduiance Oh-18i~ Page 2 of 2 4~gTY OF LON(_aW00 , FLORIDA c~F•o$n C~'I~a' ~o~ ayor - A~"I'ES7C: y Sarah 1VI. Minis, City Cleric A rovH.~d a" s to form and le~ali fo:~ the use and reliance of the City o:f PP / b t3' Lon~w i~d, k lorida, only. -~iC~_~6!~- Teresa S..Roper, Acting City Attorney ~-r- ]Lease Ag>l'e~ement ~ Made this ~~y~ day of C-~!~~j~~-- ,2006 [3y a?xi BetwEen: City of Longwood, a mw~icipal Corporation (hereinafter. the "Lessor") and Northland, A Church Distributed, Inc, f/k/a Northland Community Church, Inc., anon-profit corporation, having its address at 530 Dog Track Rd., Longwood, Florida, 32750 (hereuiafter the ``Lessee"), (hereuiafter the "Lease"). Witrh: That in consideration of the covenants herein contained, on the part. of the said Lessee to be kept. and performed, the said Lessor does hereby Lease to the said Lessee, that certain real property described on Exhibit "A" attached hereto, including the parcel described as the "Lease Parcel" and the parcel described as the "Easement" (together hereinafter the "Premises"). The initial tern? of the Lease shall be for a term of fifty (50;1 years. Notwithstanding,the foregoing, Lessee may elect not to renew the Lease at the conclusion of the then current term by providing written notice to Lessor on or before one (1) year before the expiration of the then current term. To Have And To Hold ~Nith the said Lessee paying therefor the rent in monthly payments to Lessor in the amount of ONE THOUSAND EIGHTY-FOUR AND 24/100 DOLLARS ($1,08424). Lessee shall not be responsible for any other taxes or charges relating to the Premises or the rent, except as specifically stated herein.. The, Lessee shall be responsible for the payment of ad valorem real estate taxes, if any, related to the Premises, determined to be due from any governmental agency other than the City of Longwood. Commencing on October 11, 2011, and on each fifth (5"') anniversary thereof, the monthly rent shall be increased for each five (5) year period by an amount equal to the previous month's, rent multiplied by the increase in the Base Index. defused below for said five (5) year period, in accordance with only positive changes in the Base Index. For purposes of this Lease, "Base Index" shall be defined as the Consumer Price: Index for U.S. City Average, all Urban Consumers on the 1982-1984 = 100 base published by the Bureau of Labor Statistics, U.S. Department of Labor. If the Base Index is discontinued or revised during the terns of this Lease, such _ other government index or computation with which it is replaced by the Bureau of Labor Statistics shall be used. in order to obtain ibstantially the same result as would be obtained if the Base Index has not been discontuiued or raised, and if the Base Index is not so ~:eplaced, Lessor shall adopt a substitute index or substitute procedure which reasonably reflects changes in the purchasing power of the U.S. Dollar. And the said Lessee covesnants with the said Lessor: 1. Use; Assignment and Subletting. Lessee agrees to make no unlawful, improper, or offensive use of the Premises; not to assign this Lease or to sublet any part of said Premises without the v~itten consent of the Lessor except in coimection with a sale of Lessee's contiguous property for a religious and/or educational purpose; not to use said Premises for any other purpose than ingress and egress, parking lot, and recreational use, without Lessor's prior written consent, and to quit and deliver up said Premises at the end of said terns in as good condition as they are now (ordinary wear an~i decay and damage by the elements only excepted); and not to erect any pernianent vertical structures on the Premises, without Lessor's consent. 2. Default by Lessee. Lessee hereby covenants and agrees that if Lessee shall violate any of the covenants of this Lease, and such violation. shall continue for a period of ninety (90) days following written notice of such violation from Lessor, then said Lessee shall become a tenant at sufferance hereby waiving all right of notice; and the Lessor shall be entitled immediately to re-enter and re- take possession of the Premises.. 3. Radon Gas Notification. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in but dings. Additional information regarding radon and radon testing may be obtained from your county public health unit. 4. Lessee's First Right. of Refusal. Lessee shall have a first right of refusal to purchase the Premises in accordance with the terms of this paragraph. If Lessor receives and desires to accept a bona fide offer to purchase the Premises during the term of this Lease or any extension or renewal thereof, Lessor shall deliver a, notice to Lessee stating the name of such offeror with a copy of the rms and conditions of such offer attached and Lessee shall have the right to purchase the Premises on the same terms and conditions \~~set forth in Lessor's notice; provided that Lessee delivers written notice to Lessor of its election to do so within fourteen (14) days after receipt of such notice from Lessor. If Lessee does not elect to exercise its right to purchase as aforesaid, Lessor may sell the Prenuses, provided the sale is consummated with the offeror and on substantially the terms and conditions set forth in Lessor's notice to Lessee. The foregoing first right of refusal. shall remain ui existence notwithstanding its non-exercise m respect to any sale and shall be binding upon Lessor's successors in title.. In the event Lessee exercises its fnst right of refusal to purchase t17e Premises, Lessor shall transfer the Premises to Lessee by a general warranty deed. Tlus provision shall remain iu effect so long as Lessee, its successors or assigns owns the adjacent property or the adjacent property and it is used for religious and/or educational purposes. 5. Lessee's Obligations. Lessee agrees to maintain and repair the existing wood board-on-board ten (10) foot high fence previously installed by Lessee (or such other fence as may be agreed upon between Lessor and Lessee) down the entire north side of the Premises and other portions of the Premises which .adjoin or abut the Columbus Harbor subdivision.. Lessee agrees to maintain all trees and landscaping; as shown on the approved site plan for Lessee's sanctuary property. The Lessee shall not access the Premises from the Columbus Harbor subdivision. 6. Insurance. Lessee shall maintain throughout the tern: of the Lease and any extension thereof, at its own expense,. conunercial general liability insurance covering the Premises at least as broad as the most cormnonly available ISO Commercial General :Liability policy form (occurrence basis) covering bodily injury, property damage and personal injury. All such coverage shall be for the joist benefit of and insuring Lessee and Lessor with limits riot less than One Million Dollars ($1,000,000.00) per occurrence;. and with reasonable deductibles as from time to time established by Lessee. All such policies of insurance shall name Lessor as an additional insured and provide that the amount thereof shall not be reduced and that. such policies shall not be modified or canceled by the insuring; companies without.thirty (30) days prior written notice being given to the :Lessor. 7. Approval of L ease. This Lease is subject to the approval of the Board of Directors of Lessee and the City Commissioners of Lessor. 8. Rights Upon Termination. Provided Lessee is not it uncured default of any provisions contained in the Lease, at the termination of the Lease, Lessor shall elect one of the following: (a) renew this Lease as mentioned above for a consecutive renewal term of fifty (50) years; (b) sell the Premises to Lessee at a price which is-mutually acceptable to Lessor and Lessee; or (c) grant Lessee a perpetual easement over and across the Premises for the uses described above in Paragraph 1, at a price which is mutually acceptable to Lessor and Lessee. In Witness Whereof, the said parties have hereunto set their hands and seals the _day of , 2006. Signed, sealed and delivered in the presence of: CITY OF LONGWOOD, unicipal corporation Witness Signature ( to Lessor) Lessor Signa Liyola. ~~ol<i_5 John C, Mainc~ot Printe ante ~ Printeel Name as.,Its:_ Mayor ness Signature (as to Lessor) Printed Name NORTFILANI~, A CHURCH DISTRIBUTED, INC. f/k/a Northland Community Church, Inc., a > Florida; no ft~for proDfit corpora~tipon 1~ fitness Signatu - (as to Lessee) Lessee Signature //~GrC Jr... As Its:_ ~ ='J,s~(1.~~~ Printed Name -'7'Z~1 qvt i q ?~JG~~~ ' Witness Signature (as tol,~ssee) ~~,-i~a ~v~l~a IPz _ Printed Name [Notary acknowledgements;app~ear on the next page] STATE OF FLORIDA COUNTY OF SEMINOLE Thereby certify that on this day, before rne, an officer duly authorized to administer oaths and take acknowledgements, personally appeared W~:~., Mayor of the City of Longwood, known to me to be the person described in and who executed. the foregoing ins ment on behalf of the City of Longwood, who acknowledged before me that he executed the same, and an oath was not taken. (Check one:) [~S;~id person(s) ©are personally known to me. ? Said person(s) provided the following type of identification: NOTARY SEAL Witness my hand and of rcial seal in the County and State last afc~aid this y of ~C-~'A~'a(~?~' , 2006. C.~!~i o~~RY p6s~, Sarah n~. N1"srus N Sig atu~e-y.,,, :Commission # DD530230 ~ ! I ~ . ~11'(~-5 NSA doe Expires ,lone 23, 2010 Printed Notary Signature r-OF fL~ 8o~ea 'myra~n insurance. lnc. HQ~-385)019 STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certi tat on this day b ore me, an officer duly authorized to administer oaths and take acknowledgements,. personally appeared 1CC.t~Y ~ ,who is the ~(~~j~(}~- _ of Northland, A Church _ Distributed, Inc., f/k/a Northland Community Church, Inc., a 'Florida not for prof t corporation, known to me to be the person ',escribed in and who executed the foregoing instrume ,who acknowledged before me that he executed the same on behalf of the corporation, and an oath was not taken. (Check one:) Said person(s) is/are personally known to me. ? Said person(s) provided the following t}pe of identification: NOTARY SEAL Witness my hand and official seal in the County and State last aforesaid this~~h _ day of , 2006. ~PUr aye Notary Public State of Florida r° Sarah M MaC[~rgly ~ ..(~Q/ 4 L~'~~'°" 4 My Comiriss~on DG403120 Notary Signature p~'`°v F~.°~ ~x~IfF.5 ~.~i~Ubl~O~~ Printed Notary Signature ' Seminole County Propenty Appraiser Get Information by Parcel Number Page 1 of 1 ~'~~L, L'?~"i'AIL., _ 45 DAYIn JOHN5oPi..Cf•'A, AS•A !~)~~~EffaY1f c _ _ 3ET91NDLE4~DUN11f FL I ~ ' ~110TE. F'~R5T.5T~ t BAltF6RD,FLJ2771.14BA ~l 1. ) 407-665,7508 1 GENERAL 2007 WORKING VALUE SUMMARY Value Method: IVlarket Pan:elld: 05-21-30-518-0000-0060 Owner. CHURCH NOR~fHLAND COMMUNITY Number of Buildings: 1 OwnlAddr: INC ~ I Depreciated Bldg Value: $56,774 ~ Depreciated EXFT Value: $3,400 Mailing Address: 350 DOG TRACK RD City,State,ZipCode: LONGWOOD FL 32750 Land Value (Market): $193,130 Property,Address: 350 DOG TRACK RD LONGWOOD 32750 ~ Land Value Ag: $0 Facility•Name: JustlMarket Value: $253,304 Tax District:. L1-LONGWOOD Assessed Value (SOH): $253,304 ~ Exempt Value: $253,304 Exemptions: 36-CHURCH/RELIGIOUS Q Taxable Value: $0 Dor. 11-STORES GENERAL-ONE S Tax Estimator SALES Deed Date Book Page Amount Vac/imp Qualified 2006 VALUE SUMMARY WARRANTY DEED 03/2004 05233 1671 $800,000 Improved No 2006 Tax Bill Amount: $0 QUIT CLAIM DEED 10%'1989 02120 0501 $100 Improved No ARTICLES OF 2006 Taxable Value: $0 AGREEMENT 01,/'1980 01302 1262 $74,000 Improved Yes DOES NOT INCLUDE NON-AD V<~LOREM ' ASSESSMENTS WARRANTY DEED 01/'1976 01099 1671 $60,000 Improved Yes Find Sales within this DOR Code LAND ~ LEGAL DESCRIPTION Land Assess Fra~nt a De h Land Unit Land Method ~ ~ Units Price Value PLATS: Pick...l~~ SQUARE FEET 0 0 47,100 2.00 $47,100 LEG LOT 6 (LESS E 155.4 FT OF W 165.4 FT SQUARE FEET '~0 0 146,020 1.00 $146,020 OF S 313 FT + S 150 FT OF W 126.5 FT OF E ACREAGE 0 0 .100 100.00 $10 136.5 FT) CENTRAL PARK PB 6 PG 99 BUILDING INFt7~RMATION Bld Bid Class Year Fixtures Gross Stories Ext Wall Bid Est. Cost Num Blt SF Value New 1 MASONRY 1977 8 1,152 1 CONCRETE BLOCK-STUCCO - 774 $85,374 PIAAS MASONRY Permits ' e EXTRA FEia~TURE Description Year Bit Units EXFT Value Est. Cost New ALUM UTILITY BLDG NO FLOOR 1982 240 $384 $960 POLE LIGHT CONCRETE 1979 3 $420 $420 WOOD UTILITY BLDG 1982 240 $576 $1,440 ALUM CARPORT NO FLOOR 1982- 784 $1;254 $3,136 4' CHAIN LINK FENCE 1991 410 $766 $1,640 ' NOTE: Assessed values shown are NOT certified values andaherefore are subject to change before being finalized for ad ~ valorem tax purposes. If ou recentl rchased a homesteaded prope[fy your next year's property tax will be based on JustlMarket value. http://www.scpafl.org/web/re web.seminole~county_tiitle?PARCF,I,=05213051800000060... 4/27/2007 i EXHIBIT ~ (LEGEND: P.O.C. POINT OF COMMENCEMENT C'.o.B. POINT OF BEGINNING -----------------I I I I I ~ 31 ~ I I g ~ I I I I ~ ~ ~ Old ~ ~ R E M ~I I N D E R O ~ OF PARK -~i Q(~ ~ I~ -J ' Z i Q ' , ' _ EASEA~IEIV T ~ ~ ~ ~ ~ (7, 065E SQ. FT.) p ~ % ~ I ~(0.162f ACRES) S90 DO 00'E / ~ ~ ~ 82.46' / O 0 O =1~ 2 0 / ~®~~6 132.56' 3 - N86 00'00 "W S89 21 '03".W 186.23' ~ $ ~ - I 58.51 588'02 49 W 141.56 a~ 2 120. oo' P 0 R T I 0 N' O F ~ (EAS~ ~NT) u~, COLUMBUS HARBOR s88o2'49"w Q I W Y ~ (PLAT BOOK 19, PAGE 38) ~ 9.00' ~ ~ ~ of ~ S8978'29"E ~ Q O~ w l 2 e ~ LEASE ~~I RG'EL ~ 76:87' Z e j I ~ ~ i•~ (74, 253E SQ. FT.) ~ z ~ ~ I ~ Q ~ (1.705f ACRES) ~ ~ . ~ I ~ li ro 3 m ~ o I 4J 0~ a ~ Y Z ~ • Q I ~ - - COMMON LINE BETWEEN COLUMBUS ~ W Q L O T HARBOR & CENTRA!_ PARK O ~ ~ I - - 120_00'N - SOUTH L/NE OF COLUM6'US HARBOR z ~ U 1 O I S89 37 48 E S8937 48 E 310.44 S8937'48"E N 430.44' ~ ? ~ ° I P C S.E. CORNER I o OF PARK 2 m I S.OF P~RKER (P 0. ~ I o Z .y i I U 3 I L D T I I ~ I ~ - OENTRAL PARIC I I (PLAT BOOK 6, PAGE 99) I v E m W . See Sheet 1 of 2 for Legal Description & Notes SKETCH OF' DESCRIPTIONS . (NOT A BOUNDARY SURVEY) ® a~ COC1Sl.lIt~O"1tS DATE: ~ 05/30/06 _ 9 DRAWN 8Y: MAD ° da J. ffin 618.East South Street APPROVED BY: LJG Ploteeslonol L .surveyor L ,y4saa Orlando, 1=lorida 32801 SCALE: 1"=50' GAI CONSULTANTS, INC. LBO 3604 407-423-F3398 PROJ. NO.: A050138.00 ~ Not valid without the Surve~ror's O~ signature k original roiled seal. LB 3604 SHEET N0. 2 OF 2 EXH1131T ~ D \.y 3 ~Ol~t:lIl~llE~ LEGAL DESCRIPTION: (LEASE PARCEL) A PORTION OF THE "PARK", COLUMBUS HARBOR AS SHOWN TAI PLAT BOOK 19, PAGES 38 & 39, SEMINOLE COUNTY, FLORIDA, BEING MUf~'E PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID "PARK"; THENCE RUN S.89:37'48" E, ALONG A LINE COMMON TO SAID COLUMBUS HARBOR, AND CENTRAL PARK, AS PER PLAT RECORDED IN PLAT BOOK 6, PAGE 99, 80TH OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, 120.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID COMMON LINE THE FOLLOWING FOUR (4~) COURSES: S 89'37'48" E, 310.44 FEET TO THE SOUTHEAST CORNER OF SAID PARK; N 00'15'51 W, 136.67 FEET; S 89 28'29" E, 76.87 FEET; N 00'08'37" E, 88.53 FEET TO AN ANGLE POINT LOCATED ON THE WEST LINE OF LOT 10, OF SAID CENTRAL PARK; .THENCE S 88'02'49" W, 141.56 FEET; THENCE S 8921'03" W, 186.23 FEET; THENCE N 86'00'00" W, 58.51 FEET TO A LINE 120.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE" OF' SAID PARK; THENCE S 00'13'03" W, ALONG SAID PARALLEL LINE, 219.64 FEET TO THE POINT OF BEGINNING. CONTAINING 74,253 SQUARE FEET (1.705 ACRES), MORE OR LESS. TOGETHER Wl TH: \-s LEGAL DESCRIPTION: (EASEMENT) A PORTION OF THE "PARK", A5 SHOWN IN PLAT BOOK 19, PAGES 38 & 39, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIEED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID "PARK'; SAID POINT ALSO LYING ON A LINE COMMON TO SAID COLUMBUS HARBOR, AND CENTRAL PARK, AS PER PLAT RECORDED IN PLAT BOOK 6, PAGE 99, BOTH OF THE PUBLIC RECORDS OF 3EMIN0l_E COUNTY, FLORIDA, THENCE ALONG SAID COMMON LINE 7HE FOLLOWING FIVE (5) COURSES: S 89'37'48" E, 430.44 FEET TO THE SOUTHEAST CORNER OF SAID PARK, N 00'15'51 " W, 136.67 FEET,• S 8928'29" E, 76.87 FEET; N 00'08'37" E, 88.53 FEET TD AN ANGLE POINT LOCATED ON THE WEST LINE OF LOT 10, OF SAID CENTRAL PARK; THENCE S 8802'49" W, 9.C10 FEET TO THE POINT OF BEGINNING; TFIENCE CONTINUES 88'02'49". WEST, 132.56 FEET; THENCE N 60'02'17" E, 83.36 FEET; THENCE N 09'56'10" E., 40.00 FEET; THENCE S 90'00'00" E; 82.46 FEET; THENCE S 20'49'17" W, 81.86 FEET TO THE POINT OF BEGINNING. CONTAINING 7,065 SQUARE FEET (0.162 ACRES), MORE OR LESS. SURVEYORS' NOTFS: i) BEARINGS ARE ~RELATlVE f0 THE SOUTH LINE OF COLUMBUS HARBOR, AS BEINGS 89'37'48" E, COLUMBUS HARBOR, ACCORDING TD PLAT BOOK 19, PAGES 38 & 39, SEMINOLE COUNTY, FLORIDA, WHICH MAY NOT BE A TRUE NORTH AZIMUTH. 0 N O N J N. _ _ _ N _J C N E W See Sheet 2 of 2 for Sketch to Accompany Legal Description LEGAL. C?ESCRIPTION (NOT A BOUNDARY SURVEY) ~ DATE: 05/30/06 ® gai ~cc~nsultants DRAWN BY: MAD a J. tin, PLS 3 618 East ~~outh Street APPROVED BY: LJG r Profcsalonal Landr urveyar Orlahdo, Florida 32801 SCALE: o GAI CONSULTANTS, INC. LBb 3604 407-g23-8398 PROD. NO.: A050138.00 Not valid wlihout the Surveyors LEI 3604 signature do original ralaed seal. SHEET N0. 1 OF 2 a