WVID 2016-02-23 Regular Board Meeting Book

Transcription

WEST VILLAGES
IMPROVEMENT DISTRICT
CITY OF NORTH PORT
SARASOTA COUNTY
REGULAR BOARD MEETING
FEBRUARY 23, 2016
11:00 A.M.
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, FL 33410
www.westvillagesid.org
561.630.4922 Telephone
877.SDS.4922 Toll Free
561.630.4923 Facsimile
AGENDA
WEST VILLAGES IMPROVEMENT DISTRICT
IslandWalk Club House
13605 Tantino Boulevard
Venice, Florida 34293
February 23, 2016
11:00 a.m.
A. Call to Order
B. Proof of Publication…………………………………………………………………………………….Page 1
C. Establish Quorum
D. Additions or Deletions to Agenda
E. Comments from the Public for Items Not on the Agenda
F. Approval of Minutes
1. January 26, 2016 Regular Board Meeting………………………………………………………….Page 2
G. General District Matters
1. Consider Approval of Lease Agreement between the District and Mattamy Homes
for Office Space for District Use…………………………………………………………………...Page 8
 Audience Comment
2. Consider Application for the Formation on New Unit of Development……………………………Page 19
H. Unit of Development No. 1
1. Consider Real Estate Transactions
a. 60 Acre School Site Tract…………………………………………………………………….Page 20
b. 4.97 Acre Access Road Tract…………………………………………………………………Page 28
2. Status Report on Sod & Plant Bed Replacement Along US41
3. Consider Work Authorization No. 12 for Topographical Survey for US41 Sidewalk……………..Page 36
I. Unit of Development No. 2
J. Unit of Development No. 3
1. Status Report Regarding Emergency Pump Repair
K. Administrative Matters
1. Operations Manager Report………………………………………………………………………...Page 40
2. Miscellaneous Consultant Reports
L. Board Member Comments
M. Adjourn
Page 1
JANUARY 26, 2016
A.
CALL TO ORDER
The January 26, 2016, Regular Board Meeting of the West Villages Improvement District was
called to order at 11:05 a.m. in the IslandWalk Clubhouse located at 13605 Tantinto Boulevard,
Venice, Florida 34293.
B.
PROOF OF PUBLICATION
Proof of publication was presented that notice of the Regular Board Meeting had been published
in the Sarasota Herald-Tribune on January 15, 2016, as legally required.
C.
ESTABLISH A QUORUM
It was determined that the attendance of the following Supervisors constituted a quorum and it
was in order to proceed with the meeting:
Chairman
Vice Chairman
Supervisor
Supervisor
Martin Black
Brian Watson
Rob Bosarge
Bob Rossman
Present
Absent
Present
Present
Staff members in attendance were:
District Manager
District Manager
District Counsel
District Engineer
District Engineer
Todd Wodraska
Kathleen Dailey
Jonathan Johnson
Mike Kennedy
Kris Wilhoit
Hopping, Green & Sams
Stantec
Stantec
Also present were Chris Kemper of Lennar and Matt Braun of ValleyCrest.
D.
CONSIDER BOARD MEMBER RESIGNATION/APPOINTMENT
Mr. Wodraska read the resignation letter from Rick Stevens. A motion was made by Mr.
Rossman, seconded by Mr. Bosarge and passed unanimously to accept Mr. Stevens’ resignation.
Mr. Black then nominated Matt O’Brian who is with the land division of Mattamy Homes to fill
the vacancy recently left by Mr. Stevens’ resignation. A motion was made by Mr. Bosarge,
seconded by Mr. Rossman and passed unanimously to appoint Matt O’Brian to the Board of
Supervisors.
E.
ADDITIONS OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
F.
COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
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JANUARY 26, 2016
The following residents asked questions to which Mr. Black indicated that he would answer
them all together, at the end of the comments:
David Samuel of Gran Paradiso made general comments about the traffic light at the entrance
and about mosquito spraying.
Bob Roehrig spoke of the narrowing of 5-foot sidewalks of Gran Paradiso at the 2nd entrance to
West Villages Parkway and evasive plants on the banks of the south sidewalks.
Asha Capour of Gran Paradiso stated that the palm trees in the U.S. 41 median were in need of
care.
Keith Munroe asked about the expenses for the pedestrian node and sod replacement and made
comments regarding the two appraisers looking at the old appraisal with regard to the school
property.
Joyce Glasgon asked if residents will be assessed for any of the new improvements.
Bonnie Aylward of IslandWalk asked about the location of Sarasota Memorial and agriculture
used for tax exemptions. Mr. Black responded that the traffic patterns at the entrance are not
sufficient to warrant a traffic light at this time, based on State criteria. He indicated that once
traffic patterns meet the State’s thresholds, a traffic light will be installed at that location.
Mr. Kemper addressed the mosquito spraying indicating that he was not aware that any spraying
taking place aimed at a certain species of mosquito.
Mr. Black responded to the sidewalk comments by stating that the sidewalk design at the
entrance had been approved by the City during development and anticipated demand determines
the width approved. Mr. Smith opined that the sidewalks near the monument down to Gran
Paradiso are also 5 feet in width.
Mr. Black indicated, regarding sidewalk trimming and the palm trees that the Board will ask Mr.
Smith to determine what maintenance is needed. Mr. Smith opined that, last year, both sides of
the sidewalk had been treated for invasives and that Brazilian peppers had been removed. He
will check the area again.
Regarding assessments, Mr. Black stated that no additional assessments are proposed at this time
and current funding appears to be sufficient. He further opined that before the new owner took
over the assessments were brought current.
Addressing the pedestrian node, Mr. Black stated that the Board felt the need to balance out the
landscaping at that location and the cost was one-half of the cost of the original landscaping. He
stated that the node created symmetry for the future Gran Paradiso residents.
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JANUARY 26, 2016
Mr. Black addressed the appraisals and stated that the process is already in place for the future 60
acre park site and that he does not envision the Board revisiting the appraisal.
Regarding the hospital site, Mr. Black explained that a land swap had taken place and that 28
acres on the SE corner of West Villages Parkway and U.S. 41 would be used for Sarasota
Memorial to build an urgent care and medical services building within the next 3 to 5 years.
Regarding agricultural uses of the land, Mr. Black stated that it will take between 30 and 40
years for build-out of the remainder of the land and that the hay and cattle areas not only provide
tax agriculture exemptions, but they also generate income and maintain the property to a better
condition.
G.
APPROVAL OF MINUTES
1. November 24, 2015, Regular Board Meeting
The November 24, 2015, Regular Board Meeting minutes were presented for approval.
A motion was made by Mr. Rossman, seconded by Mr. Bosarge approving the minutes of the
November 24, 2015, Regular Board Meeting, as presented. Upon being put to a vote, the motion
carried 3 to 0.
H.
GENERAL DISTRICT MATTERS
1. Consider Grant of Easement for Irrigation Wells
Mr. Kennedy stated that the grant of an easement for legal access to maintain the irrigation
system for the long term was necessary and he recommended approval. Mr. Johnson also
recommended approval.
A motion was made by Mr. Bosarge, seconded by Mr. Rossman and passed unanimously
approving a grant of easement for irrigation wells, as presented.
I.
UNIT OF DEVELOPMENT NO. 1
1. Update on Independent Property Appraisals
Regarding the school site and access road, Mr. Wodraska stated that he had spoken to and emailed two appraisers, noting that he expected the appraisals for the next meeting.
2. Consider Work Authorization No. 11 for Master Stormwater Plan
Mr. Wilhoit stated that Gran Paradiso and IslandWalk had each been permitted separately for a
stormwater system and that this is part of an overall management plan that would encompass the
entire area. Mr. Kennedy added that this is basic information that the District should be able to
provide to residents. Mr. Black stated that the project makes planning more efficient and allows
models to reflect actual conditions. He further stated that this should help minimize maintenance
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JANUARY 26, 2016
costs as well as give information to allow jointly-used facilities. Mr. Kennedy further opined
that it is incumbent on the District to be sure the facilities work together.
A motion was made by Mr. Rossman, seconded by Mr. Bosarge and passed unanimously to
approve Work Authorization No. 11 in the amount not to exceed $36,250 to Stantec for the
Master Stormwater Plan, as presented.
3. Status Report on Sod & Plant Bed Replacement along U.S. 41
Mr. Kennedy stated that the work is close to being substantially completed and that the walkthrough is scheduled to take place within the next two weeks. He further opined that the project
went fairly well and was not expensive, even though the weather conditions for installation were
not ideal. He further stated that the replacement project comes with a 1-year warranty for which
ValleyCrest, the installer, would be responsible to maintain. Keith Munroe, a District resident,
questioned the $1 million price tag and plantings in the ditch. Matt Braun of ValleyCrest stated
that the project actually cost $60,000 and that the ditch funnels away water and that the plantings
help with water movement, rather than leaving the ditch as dirt and weeds.
J.
1. Consider Proposal to Cut Crape Myrtle along West Villages Parkway
Mr. Smith described the project as 347 Crape Myrtles with a cost of $35 per tree to trim back.
approving the proposal from ValleyCrest in the amount of $12,145 for the trimming of Crape
Myrtles along West Villages Parkway, as presented.
2. Consider Proposal for Plant Bed Reduction on West Villages Parkway Median
Mr. Wodraska reminded the Board that this was a maintenance recommendation and noted that
he had driven the site with Mr. Smith and recommended making the plant beds smaller and to
replace with sod instead of mulching. Mr. Smith opined that the project encompasses 4,600
square feet and that this proposal should save approximately $1,500 a year in mulching expenses.
approving the proposal from Valley Crest in the amount of $9,091.00 for the plant bed reduction
on the West Villages Parkway median, as presented.
K.
1. Status Report Regarding Emergency Pump Repair
Mr. Kennedy reminded the Board that they had previously authorized the replacement of the
pump station and charging intake. He noted that the project is scheduled to begin on February 8,
2016, and that the pumps will be down for a few days during that time. Mr. Black gave the
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JANUARY 26, 2016
history of the project and explained that the Board is looking at ways to increase the availability
of water during the draught season.
L.
ADMINISTRATIVE MATTERS
1. Consider Payment Requisition
Mr. Wodraska explained that under Unit 3, Lennar had submitted reimbursement requests for
infrastructure improvements in the amount of $154,204.56 and $536,458. He presented
requisition numbers 462 and 463, reflecting those amounts and noted these requisitions close out
the construction account for Lennar on the Gran Paradiso improvements. Mr. Johnson opined
that this payment is pursuant to the improvement agreement.
approving payment requisition #463 in the amount of $536,458 to Lennar for infrastructure
improvements, as presented.
Following approval of the motion, Mr. Black suggested that the Board modify requisition 462 to
reflect the remaining balance of $60,997 from the District, rather than the full amount of
$154,204.56. A motion was made by Mr. Bosarge, seconded by Mr. Rossman and passed
unanimously modifying requisition #462 to reflect the remaining balance of $60,997 from the
District.
2. Financial Report
Mr. Wodraska went over the financial report and stated that everything is tracking as planned.
He explained the current fund balances that would be going down due to upcoming
improvements that would be completed soon.
3. Operations Manager Report
Mr. Smith went over his field observation report for January 2016 and reviewed the monuments,
landscaping, the irrigation lake and issues in Units 1 and 2. He indicated that hogs damaging
areas on South Parkway were almost a nightly occurrence. Mr. Rossman noted that he was
impressed with how quickly and good the raking looks.
4. Miscellaneous Consultant Reports
There were no Miscellaneous Consultant Report at this time.
5. Discussion Regarding the Meeting Schedule and Location
Mr. Black stated that the City of North Port had changed their regular meetings to conflict with
those of the District’s. He indicated that the District needed to find a different location for the
meetings since the Chambers at City Hall was no longer available. There was a general
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JANUARY 26, 2016
discussion and Board indicated that they would like to keep the dates currently scheduled. There
was a consensus of the Board to continue meeting on the 4th Tuesday of each month and to try to
alternate meeting locations between Gran Paradiso and IslandWalk.
M.
BOARD MEMBER COMMENTS
Mr. Black responded to a question from a member of the audience earlier in the meeting
regarding River Road. He stated that the District has spent approximately $2 million in
improvements at the intersection of U.S. 41 and that the developer has offered to pre-build
stormwater facilities to the City and County, when building their new developments. He further
indicated that all required Rights of Way for the widening of River Road had already been
dedicated to the County and that he would be meeting with the County on Thursday to see about
moving forward.
N.
ADJOURNMENT
There being no further business to come before the Board, the meeting was adjourned at 12:15
p.m. on a motion made by Mr. Black. There were no objections.
_________________________________
Secretary/Assistant Secretary
____________________________________
Chair/Vice-Chair
Page 7
LEASE AGREEMENT
This LEASE AGREEMENT, is made this __________________ day of _________________,
2016, between MAIN STREET RANCHLANDS, LLLP, a Florida limited liability limited
partnership (“Landlord”), whose mailing address is 19503 S. West Villages Parkway Venice,
Florida 34293 and WEST VILLAGES IMPROVEMENT DISTRICT, an independent special
district of the State of Florida, (“Tenant”), whose mailing address for all notice purposes shall be
c/o Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410.
Landlord and Tenant shall collectively be referred to as the “Parties”.
(1)
PREMISES; TERM. Landlord hereby leases to Tenant and Tenant hereby rents from
Landlord, the following real property (hereafter referred to as the “Premises”):
(See Exhibit “A”, which is attached hereto and incorporated herein.)
for the term of ______________ year(s) commencing on the ____ day of _____________ 2016,
(the “Commencement Date”) and ending on the _____ day of __________________ 20___, (the
“Termination Date”) (together, the “Lease Term”).
(2)
RENT CHARGES. Tenant agrees to pay to Landlord, in United States currency, an
annual rent of fourteen thousand four hundred and No/100 dollars ($14,400.00) (the “Annual
Rent”), payable in advance in twelve (12) equal monthly installments of one thousand two
hundred and no/100 dollars ($1,200.00) due on the first day of each month (the “Due Date”),
except that Tenant shall pay the first monthly installment on the signing hereof. The Annual
Rent is inclusive of all charges for Common Area Maintenance (CAM), electrical utilities,
potable water, sewage disposal, solid waste removal, janitorial services, security, real property
and sales taxes; provided, however, that Tenant shall be exclusively responsible for the costs of
its own telephone, cable, telecopy and computer installation, monthly operation, and service
charges.
If the monthly rent payment is not received by Landlord within ten (10) business days
after the Due Date, a “late charge” of five percent (5%) of such payment shall be due Landlord
as additional rent. If any check received by Landlord from Tenant in payment of any amount
payable by Tenant under this Lease is returned by Landlord’s bank for non-sufficient or
uncleared funds, or for any reason whatsoever, a service charge of TWENTY-FIVE AND
NO/100 DOLLARS ($25.00) for each such returned check shall be due Landlord as additional
rent. All rent shall be paid to Landlord without demand, set-off or any deduction whatsoever at
the address of Landlord hereinabove set forth or at such place as Landlord may designate.
(3)
PURPOSE. Tenant shall use and occupy the Premises only for governmental and
related professional purposes and for no other purpose(s).
(4)
DELAY IN DELIVERY OF POSSESSION.
If Landlord is unable, for any reason
whatsoever, to deliver possession of the Premises to Tenant on the Commencement Date of the
Lease Term, Landlord shall not be liable for failure to deliver possession on said date, but the
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rent payable hereunder shall be abated until Landlord tenders possession to Tenant, at which
time the rent shall be prorated accordingly. The Termination Date of the Lease shall not be
extended.
(5)
SECURITY DEPOSIT.
Tenant has delivered to Landlord the sum of
None
($ -0- ) as security for the full and faithful performance
by Tenant of the terms hereof, to be returned to Tenant, without interest, after Tenant has vacated
the Premises and upon the full performance of the provisions of the Lease. Tenant shall not use
the security as rent.
(6)
ASSIGNMENT; SUBLETTING. The Tenant (including its legal representatives and
successors in interest by operation of law or otherwise) shall not assign, mortgage or otherwise
encumber this Lease, or sublet or permit all or part of the Premises to be used by others, without
obtaining prior written consent of Landlord in each instance, which consent shall not be
unreasonably withheld.
(7)
DEFAULT.
(A)
Landlord may terminate the Lease on ten (10) business days’ advance written
notice to the Tenant if:
(1) Delinquent or additional rent is not paid by Tenant within ten (10) business
days after written notice from Landlord to Tenant; or
(2) Tenant shall have failed to cure a material default in the performance of any
covenant of the Lease (except the payment of rent and additional rent), within thirty (30)
calendar days after receipt of written notice thereof from Landlord, or if the default cannot be
completely cured in such time, if Tenant shall not diligently proceed to attempt to cure such
default within said thirty (30) calendar days, or shall not complete the curing of such default with
due diligence; or
(3) A petition in bankruptcy shall be filed by Tenant or if Tenant shall make a
general assignment for the benefit of creditors; or
(4) A petition in bankruptcy shall be filed against Tenant and such proceeding is
not vacated within thirty (30) calendar days.
(B)
At the expiration of the above advance written notice period, the Lease and any
rights of renewal or extension thereof shall terminate as completely as if that were the date
originally fixed for the expiration of the term of the Lease, but Tenant shall remain liable as
hereinafter provided.
(8)
RE-LETTING. If Landlord shall re-take possession of the Premises on the default of
Tenant, by summary proceedings or otherwise:
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(A) Landlord may re-let the Premises or any part thereof, as Tenant’s agent, in the name
of Landlord for a term shorter or longer than the balance of the term of this Lease.
(B) Tenant shall pay Landlord any deficiency between the rent and additional rent hereby
required to be paid and the net amount of any rents collected by Landlord for the remaining term
of this Lease, through such re-letting. Such deficiency shall become due and payable monthly,
as it is determined. In computing the net amount of rents collected through such re-letting,
Landlord may deduct all expenses incurred in obtaining possession of the Premises, including
attorney’s and brokerage fees, costs of restoring the Premises to a rentable condition, and
advertisement expenses.
(9)
LANDLORD MAY CURE DEFAULTS. If Tenant shall default in performing any
covenant or condition of this Lease, Landlord may perform the same for the account of Tenant,
and Tenant shall reimburse Landlord for any reasonable expenses incurred within thirty (30)
calendar days of the Landlord’s written notice to Tenant requesting such reimbursement. The
Tenant’s failure to pay within said period shall be deemed a material default.
(10) REPAIRS, ALTERATIONS AND ADDITIONS. Tenant shall take good care of the
Premises and the fixtures affixed or contained therein, and at Tenant’s sole cost shall make all
non-structural repairs necessary to keep them in good working order and condition; provided,
however structural repairs shall be the Tenant’s obligation when they are necessitated by the
fault or negligence of Tenant, or Tenant’s agents, employees or invitees. Tenant shall not make
any alterations, additions or improvements to the Premises without the prior written consent of
Landlord.
(11)
LIENS.
(A)
Tenant, at Tenant’s expense, shall cause any lien filed against the real property of
which the Premises are part, for work or materials claimed to have been furnished to, for or on
behalf of Tenant, to be discharged of record within ten (10) business days after notice thereof.
(B)
The interest of the Landlord shall not be subject to liens for improvements made
by Tenant in and to the Premises. Tenant shall notify every contractor making such
improvements of the provision set forth in the preceding sentence of this sub-paragraph. The
parties agree to timely execute, acknowledge and deliver, without charge, a Memorandum of
Lease, in recordable form containing a confirmation that the interest of the Landlord shall not be
subject to liens for improvements made by Tenant to the Premises.
(12) SIGNS AND ADVERTISING.
With the exception of the Tenant’s name at: (a) the
entrance of the Thomas Ranch, (b) within the parking lot for the Premises, and (c) on the entry
door to the Premises, no other signs or advertising shall be placed on the exterior portion of the
Premises or in windows by Tenant without prior written consent of Landlord, which consent
shall not be unreasonably withheld.
(13)
REQUIREMENTS OF LAW.
Tenant, at Tenant’s expense, shall comply with:
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Page 10
(A) All laws, orders and regulations of any governmental authority having jurisdiction
with respect to the Premises or the use or occupancy thereof.
(B) All requirements of Landlord’s insurance underwriters, the applicable Fire
Department, or any other similar agency affecting the Premises.
(14) UTILITIES AND SERVICES.
Interruption or failure of any utility or service
required to be furnished to Tenant by Landlord if due to causes beyond Landlord’s reasonable
control shall not entitle Tenant to any allowance, set off or reduction of rent.
(15) SUBORDINATION. This Lease is subject and subordinate to all present and future
mortgages and other encumbrances affecting the real property of which the Premises form a part,
and to all renewals, modifications, consolidations, replacements and extensions thereof. Tenant
agrees to execute at no expense to Landlord any instrument which may be deemed necessary by
Landlord to further affect said subordination of Lease.
(16)
DESTRUCTION OF PREMISES.
(A)
If the Premises are damaged or destroyed so that the Premises are rendered
wholly untenantable, the rent shall be proportionally paid up to the time of the casualty and
thenceforth shall cease until the date when the Premises have been repaired or restored by
Landlord, provided, however, that in the event the Premises have been rendered wholly
untenantable, the Landlord or Tenant shall have the right to terminate the Term of the Lease by
giving notice to the other of its exercise of such right at any time within thirty (30) calendar days
after the occurrence of such damage or destruction. If this notice is given, the term of the Lease
shall terminate on the date specified in the notice, (which shall be not more than fifteen (15)
calendar days after giving of such notice), as fully and completely as if such date were the date
set forth in the Lease. If Tenant exercises the option to terminate the Lease, Tenant must
promptly vacate the Premises. If neither party has given the notice of termination, as herein
provided, Landlord shall proceed to repair the Premises, and the Lease shall not terminate.
(B)
If the Premises shall be partially damaged or partially destroyed, the damage shall
be repaired by and at the expense of Landlord and the rent until such repairs are made shall be
apportioned according to the part of the Premises which is unusable by Tenant. Landlord shall
not be liable for any inconvenience or annoyance to Tenant resulting from such damage or the
repair thereof, and shall not be liable for any delay in restoring the Premises. If the Premises are
partially damaged or partially destroyed as a result of the wrongful or negligent act of Tenant or
any person on the Premises with Tenant’s consent, there shall be no apportionment or abatement
of rent.
(17) RADON GAS DISCLOSURE.
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 buildings in Florida. Additional information regarding radon and radon testing
may be obtained from your county public health unit.
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(18) CONDEMNATION. If the whole or any substantial part of the Premises shall be
condemned by eminent domain for any public or quasi-public purpose, this Lease shall terminate
on the date of the vesting of title, and Tenant shall have no claim against Landlord for the value
of any unexpired portion of the term of this Lease, nor shall Tenant be entitled to any part of the
condemnation award. If less than a substantial part of the Premises is condemned, this Lease
shall not terminate, but rent shall abate in proportion to the portion of the Premises condemned.
(19) RIGHT OF ENTRY.
Landlord or Landlord’s agents may NOT enter the
Premises except on reasonable advance notice to Tenant (except that no notice need be given in
case of emergency) for the purpose of inspection or making such repairs as the Landlord deems
necessary or desirable. Landlord may show the Premises to prospective purchasers and
mortgagees and, during the three (3) months prior to termination of the Lease to prospective
tenants, during business hours and upon reasonable (at least 24 hours) advance notice to Tenant.
(20) INDEMNITY. Subject to and without waiver of the provisions of Section 768.28,
Florida Statutes, or its sovereign immunity rights:
(A)
The Tenant shall indemnify, hold harmless, and defend the Landlord, its agents,
board members, servants and employees from and against any and all claims, liability, losses,
and/or causes of action that may arise from any intentional or negligent act, misfeasance,
malfeasance or omission of the Tenant, its agents, directors, employees or invitees arising from
the use or occupation of the Premises by Tenant.
(B)
The Tenant further agrees to indemnify, hold harmless, and defend the Landlord,
its board members, servants and employees from and against any claim, demand or cause of
action of whatsoever kind or nature arising out of any conduct or misconduct of the Tenant not
included in the preceding paragraph and for which the Landlord, its agents, board members or
employees are alleged to be responsible or liable.
(21)
FEES AND EXPENSES. If either party shall default in the performance of any
provision of the Lease on its part to be performed, or if either party is required to take any action
to enforce the Lease, or to defend the validity of or interpret the Lease, then the prevailing party
shall be entitled to recover all costs and expenses incurred thereby, including court costs and
reasonable attorney’s expenses.
(22) END OF TERM; ABANDONED PROPERTY. At the end of the Lease term and
without the requirement of any advance notice of non-renewal, the Tenant shall vacate and
surrender the Premises to Landlord, broom clean, and in as good condition as they were at the
beginning of the term, ordinary wear and tear and damage by fire and other elements excepted,
and Tenant shall remove all of Tenant’s property. All property, installations and additions
required to be removed by Tenant at the end of the Term which remain in the Premises after
Tenant has vacated shall be considered abandoned by Tenant and, at the option of Landlord, may
either be retained as Landlord’s property or may be removed by Landlord at Tenant’s expense.
(23) JURY WAIVER.
Landlord and Tenant hereby waive trial by jury in any action,
proceeding or counterclaim brought by either party against the other pertaining to any matters
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whatsoever arising out of or in any way connected with the Lease or Tenant’s use and occupancy
of the Premises, other than an action for personal injury.
(24) QUIET ENJOYMENT.
Landlord agrees with Tenant that upon Tenant paying the
rent and performing all of the terms, covenants and conditions of the Lease on Tenant’s part to
be performed, Tenant may peaceably and quietly enjoy the Premises.
(25) HOLDING OVER; DOUBLE RENT.
If Tenant holds over and continues in
possession of the Premises, or any part thereof, after the expiration or termination of the Lease
without Landlord’s permission, Landlord may recover double the amount of the rent and
additional rent due for each day Tenant holds over and refuses to surrender possession. Such
daily rent shall be computed by dividing the sum of rent and additional rent due for the last
month of the Lease by fifteen.
(26) NO WAIVER OF LEASE TERMS.
The failure of Landlord or Tenant to take
any action against the other for violation of any of the terms of the Lease shall not prevent a
subsequent act of a similar nature from being a violation of the Lease. No act or agreement to
accept surrender of the Premises from Tenant shall be valid unless evidenced by a writing signed
by Landlord.
(27) “AS IS”.
Tenant has inspected the Premises, is familiar and satisfied with their
present condition and accepts the Premises in their present condition except for those repairs or
improvements, if any, listed on Exhibit “B”, which is attached hereto and made a part hereof.
Said repairs or improvements shall be promptly carried out and completed by the Landlord prior
to the Date of Commencement.
(28) BROKER. Tenant represents to Landlord that Tenant has not dealt with any broker in
connection with this transaction and Tenant agrees to hold Landlord harmless and indemnify it
against any claims for brokerage commission.
(29) NOTICES. Any notice by either party to the other shall be in writing and mailed by
registered or certified mail, return receipt requested, to the address above set forth, or to such
other address as either party may designate in writing. Each notice shall be deemed given on the
next business day following the date of mailing. Any notice by Landlord to Tenant or vice versa
shall be deemed given if personally delivered.
(30) NO ORAL AGREEMENTS; SUCCESSOR INTERESTS. The agreements contained
in the Lease set forth the entire understanding of the parties, shall be binding upon and shall
inure to the benefit of the respective heirs, successors, assigns and legal representatives of the
parties hereto and shall not be changed or terminated orally.
(31)
SUPPLEMENTAL TERMS AND CONDITIONS.
See Exhibit “C”, attached hereto and incorporated into this Agreement.
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IN WITNESS WHEREOF, the parties have executed the Lease as of the day and year
first above written.
{DISTRICT SEAL}
TENANT:
ATTEST:
WEST VILLAGES IMPROVEMENT
DISTRICT
By:
By:
Printed Name:
Its:
Chair
Secretary
Witnesses:
Printed Name:
Printed Name:
Witnesses:
LANDLORD:
Printed Name:
MAIN STREET RANCHLANDS, LLLP, A
Florida limited liability limited partnership
By: Thomas Ranch Villages GP, LLC, a
Delaware limited liability company, its General
Partner
Printed Name:
By: Thomas Ranch Manager, LLC, a
Delaware limited liability company, its
Manager
By:
Printed Name:
Its:
7
Page 14
EXHIBIT “A”
THE LEASED PREMISES
(See attached description/sketch/floor plan)
(Plus ______ unassigned parking spaces)
Page 15
EXHIBIT “B”
REPAIRS AND IMPROVEMENTS
1)
2)
3)
4)
Page 16
EXHIBIT “C”
SUPPLEMENTAL TERMS AND CONDITIONS
Supplemental Terms Prevail.
The following supplemental terms and conditions
contained in this Exhibit “C” shall supercede and prevail over any conflicting provisions of the
affixed Lease Agreement, namely”
(1)
(2)
(3)
(4)
Page 17
Page 18
CONSIDER APPLICATION FOR
THE FORMATION ON NEW UNIT
OF DEVELOPMENT
TO BE DISTRIBUTED
UNDER SEPARATE COVER
Page 19
Page 20
Page 21
Page 22
Page 23
Integra Realty Resources
Southwest Florida
Appraisal of Real Property
60 Acres Proposed School Site
Vacant Land
South West Villages Parkway
Venice, Sarasota County, Florida 34293
Prepared For:
West Villages Improvement District
Effective Date of the Appraisal:
February 4, 2016
Report Format:
Appraisal Report – Standard Format
IRR - Southwest Florida
File Number: 152-2016-0038
Page 24
Venice, Florida
Page 25
February 17, 2016
Todd Wodraska
District Manager
2501 Burns Road
SUBJECT:
Market Value Appraisal
IRR - Southwest Florida File No. 152-2016-0038
Dear Mr. Todd Wodraska:
Integra Realty Resources – Southwest Florida is pleased to submit the accompanying
appraisal of the referenced property. The purpose of the appraisal is to develop an opinion
of the market value of the fee simple interest in the property. The client for the assignment
is West Villages Improvement District, and the intended use is for property disposition
purposes in conjunction with a potential transfer to the West Villages Improvement District.
The appraisal is intended to conform with the Uniform Standards of Professional Appraisal
Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute and applicable state appraisal regulations. The appraisal is
also prepared in accordance with the appraisal regulations issued in connection with the
Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).
To report the assignment results, we use the Appraisal Report option of Standards Rule 22(a) of USPAP. As USPAP gives appraisers the flexibility to vary the level of information in an
Appraisal Report depending on the intended use and intended users of the appraisal, we
adhere to the Integra Realty Resources internal standards for an Appraisal Report –
Standard Format. This format summarizes the information analyzed, the appraisal methods
employed, and the reasoning that supports the analyses, opinions, and conclusions.
Page 26
The subject is a parcel of vacant land containing an area of 60.00 acres or 2,613,600 square
feet. The property is zoned V, Villages, which requires rezoning for most uses.
Based on the valuation analysis in the accompanying report, and subject to the definitions,
assumptions, and limiting conditions expressed in the report, our opinion of value is as
follows:
Value Conclusion
Appraisal Premise
Market Value
Interest Appraised
Fee Simple
Date of Value
February 4, 2016
Value Conclusion
$5,400,000
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions that may affect the assignment
results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to
be false as of the effective date of the appraisal, we reserve the right to modify our value conclusions.
1. None
The value conclusions are based on the following hypothetical conditions that may affect the assignment
results. A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal
but is supposed for the purpose of analysis.
1. None
If you have any questions or comments, please contact the undersigned. Thank you for the
opportunity to be of service.
Respectfully submitted,
INTEGRA REALTY RESOURCES - SOUTHWEST FLORIDA
Carlton J. Lloyd, MAI
Senior Managing Director-Naples
FL State-Certified General RE Appraiser
RZ#2618
Telephone: 239-643-6888 Ext. 410
Email: [email protected]
Page 27
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Page 29
Page 30
Page 31
Integra Realty Resources
Southwest Florida
Appraisal of Real Property
4.96 Acres S Tamiami Trail
Vacant Land
8000 S. Tamiami Trail
Prepared For:
Effective Date of the Appraisal:
February 4, 2016
Report Format:
Appraisal Report – Standard Format
IRR - Southwest Florida
File Number: 152-2016-0037
Page 32
Venice, Florida
Page 33
February 16, 2016
Todd Wodraska
District Manager
2501 Burns Road
SUBJECT:
Market Value Appraisal
IRR - Southwest Florida File No. 152-2016-0037
Dear Mr. Wodraska:
Integra Realty Resources – Southwest Florida is pleased to submit the accompanying
appraisal of the referenced property. The purpose of the appraisal is to develop an opinion
of the market value of the fee simple interest in the property. The client for the assignment
is West Villages Improvement District, and the intended use is for property disposition
purposes in conjunction with a potential transfer to the West Villages Improvement District.
The appraisal is intended to conform with the Uniform Standards of Professional Appraisal
Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal
Practice of the Appraisal Institute and applicable state appraisal regulations. The appraisal is
also prepared in accordance with the appraisal regulations issued in connection with the
Financial Institutions Reform, Recovery and Enforcement Act (FIRREA).
To report the assignment results, we use the Appraisal Report option of Standards Rule 22(a) of USPAP. As USPAP gives appraisers the flexibility to vary the level of information in an
Appraisal Report depending on the intended use and intended users of the appraisal, we
adhere to the Integra Realty Resources internal standards for an Appraisal Report –
Standard Format. This format summarizes the information analyzed, the appraisal methods
employed, and the reasoning that supports the analyses, opinions, and conclusions.
Page 34
The subject is a parcel of vacant land containing an area of 4.97 acres or 216,281 square
feet. The property is zoned V, Villages, which requires rezoning for most uses. The property
is improved with a roadway and water retention areas. The roadways provide access to the
Venice campus of the State College of Florida, Manatee-Sarasota, Sarasota Fire Department
Station #26 and a proposed Sarasota Memorial Hospital medical center.Based on the
valuation analysis in the accompanying report, and subject to the definitions, assumptions,
and limiting conditions expressed in the report, our opinion of value is as follows:
Value Conclusion
Appraisal Premise
Market Value
Interest Appraised
Fee Simple
Date of Value
February 4, 2016
Value Conclusion
$710,000
Extraordinary Assumptions and Hypothetical Conditions
The value conclusions are subject to the following extraordinary assumptions that may affect the assignment
results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to
be false as of the effective date of the appraisal, we reserve the right to modify our value conclusions.
1. None
The value conclusions are based on the following hypothetical conditions that may affect the assignment
results. A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal
but is supposed for the purpose of analysis.
1. None
If you have any questions or comments, please contact the undersigned. Thank you for the
opportunity to be of service.
Respectfully submitted,
INTEGRA REALTY RESOURCES - SOUTHWEST FLORIDA
Carlton J. Lloyd, MAI
Senior Managing Director-Naples
FL State-Certified General RE Appraiser RZ#2618
Telephone: 239-643-6888 Ext. 410
Email: [email protected]
Page 35
Page 36
Page 37
Page 38
Page 39
OPERATIONS MANAGER REPORT
TO BE DISTRIBUTED
UNDER SEPARATE COVER
Page 40

WVID 2016-02-23 Regular Board Meeting Book

Transcription

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