TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action Regarding the Lease Agreement Between the City of North Port and the Jockey Club of North Port Property Owners Association, Inc.
Recommended Action
Discussion and possible action regarding the Lease Agreement between the City of North Port and the Jockey Club of North Port Property Owners Association, Inc.
Background Information
The following provides a chronological order of events regarding the Lease Agreement between the City of North Port and the Jockey Club of North Port Property Owners Association, Inc. (Jockey Club):
Ø June 1, 1981: During the City Commission Regular Meeting, the Commission adopted, on second and final reading, Ordinance No. 81-96, Amendment No.1 to Ordinance No. 80-82, relating to the dedication and acceptance of certain properties from General Development Corporation. The property located at 6442 Appomattox Drive was included in the dedication.
Ø December 21, 1981: During the City Commission Workshop, the Commission approved the Lease Agreement with the Jockey Club.
Ø July 27, 2021: The Parks & Recreation Advisory Board (PRAB) sent a letter to the City Commission requesting evaluation of a requested expansion of the Canine Club dog park utilizing a parcel that is included in the 1981 Lease Agreement between the City of North Port and the Jockey Club.
Ø September 28, 2021: During the City Commission Regular Meeting, there was discussion and possible action regarding the Parks and Recreation Advisory Board letter dated July 27, 2021, requesting an investigation into expanding North Port’s existing dog park on Appomattox Drive using a portion of the land leased by the Jockey Club. At the conclusion of the discussion, there was consensus by the Commission to instruct the City Manager to work with the City Attorney and Jockey Club to gather information regarding the 99-year lease to determine if the Jockey Club will release the property back to the City, and contingent upon that response, gather information regarding the cost of relocating gopher tortoises. Discussion took place regarding informing the Parks and Recreation Advisory Board of the consensus made, providing a copy of the Capital Improvement Project (CIP) sheet to the Board pertaining to the improvements for the dog park, and future plans for opening a dog park in the east.
Ø December 13, 2021: The Parks & Recreation Department staff attended the Jockey Club Board of Directors meeting and presented information on the proposed expansion to the Canine Club dog park.
Ø February 17, 2022: The Jockey Club responded with a letter stating that they were not in support of the expansion of the Canine Club. Based on this information and considering that the City’s Capital Improvement Program includes an allocation of $400,000 from Park Impact Fees in Fiscal Year 2026 for Project P26DOG Dog Park East of Toledo Blade Boulevard to support the addition of a new dog park, it was determined no further action will be taken on the request for expansion of the Canine Club.
Ø February 18, 2022: City staff met with representatives from the Jockey Club to discuss the Lease Agreement and hear their concerns related to location and construction of the Canine Club. These concerns are documented in the Jockey Club letter dated February 18, 2022, along with requests for the City to conduct a review of its records related to the Lease Agreement, and to enter into negotiations for an amended Lease Agreement to include financial compensation from the City to the Jockey Club.
Ø April 15, 2022: City staff met with representatives from the Jockey Club to discuss the status of their requests as detailed in the letter dated February 18, 2022.
Ø September 15, 2022: City staff met with representatives from the Jockey Club to review the research that had been conducted by the City related to the Canine Club. During the discussion, staff shared that based on preliminary legal review, it was recommended that the Lease Agreement be rewritten or amended. It was requested that the Jockey Club document their proposed revisions to the existing Lease Agreement and submit to the City Manager.
Ø January 16, 2023: The City received a letter from the Jockey Club clarifying that the Jockey Club Board finds that the Lease Agreement meets the needs of the Jockey Club without amendment, however, it was requested that an addendum regarding the Canine Club, as approved by the Jockey Club Board on December 12, 2022, be incorporated.
After review of the Lease Agreement and associated records by staff and City Attorney, it is recommended that the Lease Agreement with the Jockey Club of North Port Property Owners Association, Inc. be amended and restated to clearly outline the existing rights for both the City and the Jockey Club.
Strategic Plan
Quality of Life
Good Governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. 1981-06-01 City Commission Regular Meeting Minutes
2. Ordinance No. 81-96
3. Ordinance No. 80-82
4. 1981-12-21 City Commission Workshop Meeting Minutes
5. 2021-07-27 PRAB Letter to City Commission
6. 2021-09-28 City Commission Regular Meeting Minutes
7. 2022-02-17 Jockey Club Letter
8. 2022-02-18 Jockey Club Letter
9. Attachments A through E to 2022-02-18 Jockey Club Letter
10. 2023-01-16 Jockey Club Letter
11. Lease Agreement - Jockey Club of North Port Property Owners Association, Inc.
12. CIP #P26DOG Dog Park East of Toledo Blade Boulevard
Prepared by: Sandy Pfundheller, Parks & Recreation Director
Department Director: Sandy Pfundheller, Parks & Recreation Director