HomeMy WebLinkAboutItem 15 Plat of Village Marketplace Abe Cotter of Good Liv
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AGENDA ITEM COVER SHEET
Meeting Date: June 21, 2005
Item # j5
Reviewed By: /or
Contact Name: Alex Z. Nasser, P.E. Department Director: n
Contact Number: (407) 905-3100 ext. 1507 City Manager:
Subject: Plat of Village Market Place
Background Summary:
This plat is for the Village Market Place, which is the shopping center located at the southeast
corner of SR 50 and Maguire Road. The shopping center is owned by Village Marketplace
Investors, Ltd. The existing closed gas station is under separate ownership and is not currently part
of the shopping center. In conjunction with the plat, the gas station is being expanded and
incorporated into the shopping center as a separate lot. Separately, small scale site plans are
being processed for a new BP Amoco gas station with a convenience store and for the relocation of
the Twistee Treat to the Maguire Road side of the shopping center.
The Owners of the shopping center and gas station site have requested that the plat be held in
escrow by Foley & Lardner LLP pending completion of certain real estate closings and receipt of
authorization from BP to release the plat from escrow.
Issue:
Should the Ocoee Mayor and City Commission approve the Plat of Village Market Place.
Recommendations
City Staff recommends that the City Commission conditionally approve the final plat of the Village
Market Place as submitted and authorize the Mayor and City Clerk to sign the plat, subject to the
following: (1) approval by staff of the small scale site plan for the BP Retail Facility, (2) approval by
staff of the small scale site plan for Twistee Treat, (3) satisfactorily addressing the City Attorney
comments set forth in the Memorandum from Assistant City Attorney Edward Storey, dated June
14, 2005; (4) execution of the Development Agreement between Village Marketplace Investors,
Ltd., Debra S. Meridith Kraft, and the City of Ocoee, along with joinders and consents thereto from
all mortgage holders and BP Products North America, Inc., (5) that the plat and all related
documents be received and held in escrow by Foley & Lardner LLP for a period of time not to
exceed 60 days pending receipt of notification from BP that they have completed various real estate
closing and that the Foley & Lard ner LLP is authorized to release and record the plat and related
documents, including the deeds to certain Maguire Road right-of-way; and (6) that the plat
approval will be void and of no further effect in the event the foregoing conditions are not fully
satisfied with 60 days from the date of approval of the plat.
Attachments:
Copy of proposed plat.
Letter from Jacqueline Bozzuto dated May 26, 2005.
Memorandum from Assistant City Attorney Edward Storey dated June 14, 2005.
Memorandum from City Surveyor, Manager of Platting Sandra Bailey dated June 14, 2005.
Financial Impact:
NONE.
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
® Commission Approval
❑ Discussion&Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney 0 N/A
Reviewed by Finance Dept. ® N/A
Reviewed by (Planning) t 0 N/A
Mayor Centex of Good Li Commissioners
S. Scott Vandergrift Danny Howell.District 1
Scott Anderson.District 2
City Manager Rusty Johnson.District 3
Robert Frank Nancy J. Parker. District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Alex Z. Nasser,P.E. c
DATE: June 21, 2005
RE: Village Market Place
ISSUE
Should the Ocoee Mayor and City Commission approve the Plat of Village Market Place.
BACKGROUND/DISCUSSION
This plat is for the Village Market Place, which is the shopping center located at the southeast corner
of SR 50 and Maguire Road. The Village Market Place and the dosed gas station are currently
unplatted parcels. BP has proposed an expansion of the closed gas station site into the shopping
center and a relocation of the Twistee Treat. This is a subdivision of land which requires that the
existing shopping center site and the existing gas station site be platted and that the stormwater pond
areas be identified as separate tracts. BP Connect will replace the vacant Amoco gas station facility
and will also extend to take over the area currently occupied by Twistee Treat. Twistee Treat will be
relocated to the south side of the parking lot and south of present Amoco gas station facing Maguire
Road.
The developer will be required to post a Letter of Credit in the amount of 115% of cost of the
uncompleted work. The value of that amount is $191,245.00. This is a standard requirement in
platting a development prior to the completion of all construction. This will also allow the applicant to
work with staff on a sequencing plan which will allow the obtaining of a building permit to relocate the
Twistee Treat prior to the completion of the infrastructure improvements in order to allow for
uninterrupted operations of Twistee Treat. The two-year Maintenance Bond will be furnished to the
City at the time of Certificate of Completion.
Attached is a letter from Jacqueline Bozzuto, attorney for BP, requesting that the approval of the plat
be granted, but that it be placed in escrow with Foley & Lardner LLP, along with the other related plat
documents, rather than being immediately recorded following approval. The reasons for this request
are set forth in her letter. BP needs to complete various real estate transactions in order to be in a
position to have the additional Maguire Road right-of-way conveyed to the City.
The plat is being processed in conjunction with a Development Agreement and site plans for the a
portion of the shopping center, including Twistee Treat and the new BP Connect. The plat is being
presented to the City Commission for approval prior to the approval of the small scale site plans
which are granted on a staff level. BP has indicated that it needs to have these approvals in place to
satisfy the timing requirements of the various participants to the transaction and in order to be in a
position to close various real estate transactions. As a result, staff has proposed several conditions
to the approval of the plat which are to be satisfied subsequent to City Commission action.
RECOMMENDATIONS
City Staff recommends that the City Commission conditionally approve the final plat of the Village
Market Place as submitted and authorize the Mayor and City Clerk to sign the plat, subject to the
following: (1) approval by staff of the small scale site plan for the BP Retail Facility, (2) approval by
staff of the small scale site plan for Twistee Treat, (3) satisfactorily addressing the City Attorney
comments set forth in the Memorandum from Assistant City Attorney Edward Storey, dated June 14,
2005; (4) execution of the Development Agreement between Village Marketplace Investors, Ltd.,
Debra S. Meridith Kraft, and the City of Ocoee, along with joinders and consents thereto from all
mortgage holders and BP Products North America, Inc., (5) that the plat and all related documents
be received and held in escrow by Foley & Lardner LLP for a period of time not to exceed 60 days
pending receipt of notification from BP that they have completed various real estate closing and that
the Foley & Lardner LLP is authorized to release and record the plat and related documents,
including the deeds to certain Maguire Road right-of-way; and (6) that the plat approval will be void
and of no further effect in the event the foregoing conditions are not fully satisfied with 60 days from
the date of approval of the plat.
407 447 7903 LDDKR 10:08:52 a.m. 05-27-2005 2/3
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Lowndes
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Drosdielk Jo
DIRac r DIAL:407-418.6207
Dostex Norm EOLAORVE Onam
Posr OFFICE Box 2809
Kantor OI./MO,FLORIDA 32802-2809
jackie.bozzuto@lowrides-law.com
Reed,P.A.
AT TOR NEYS VMERITAS LAW FIRMS WORLDWIDE
A 7 L A W
May 26,2005
VIA FACSIMILE
Paul E.Rosenthal,Esq.
Foley&Lardner,LLP
111 North Orange Avenue
18th Floor
Orlando,Florida 32801
Re: Village Marketplace Site Plan and Plat Approval
Dear Paul:
As we discussed, I am sending you a formal request regarding the logistics associated with the
signing of the Village Marketplace Plat, the Development Agreement and the two (2) deeds for
conveyances of right-of-way on Maguire Road to the City of Ocoee. As we discussed, due to the
unusual nature of this transaction;the parties are requesting that, to the extent submittals are made as
required by the parties, that the City proceed with the approval process for the Plat, the Development
Agreement and the right-of-way deeds on June 7,2005.
By way of explanation, this transaction involves leased property and two (2) contracts that
require simultaneous closing between BP North America Products, Inc. ("BP") and Village
Marketplace. BP's contractual obligation to close does not arise until it can obtain all necessary permits
for the construction of the new facility. Therefore, BP is not in a position to close on the purchase of
Lot 2 until it know that its submittals have been approved and all necessary permits are ready to be
issued. Both Village Marketplace and Debra Kraft have indicated that they will sign all necessary
documents for site plan and Nat approval, but do not wish to have those documents recorded until the
closings on the transactions. As I am sure you can understand the property owners do not wish to have
their property dedicated if for some reason BP cannot get permits and close on its transactions.
We therefore respectfully request that the City consider,in this particular complicated situation,
to keep the BP site plan approval and Plat approval on the June 7t6 agenda and consider allowing Foley
& Lardner to hold all executed documents (Plat, Development Agreement and dedication deeds) in
escrow for a period not to exceed sixty(60)days from the date of their approval,pending the completion
215 NORTH BOLA DRIVE 450 SOUTH ORANGE AVENUE.Suns 800
ORLANDO,FLOIUDA 12801-202S TEL:407-843-4600•FAX:407443-4444•www.iowndcs-law.com ORLANDO,FLORIDA 32801-3344
407 447 7903 LDDKR 10:09:22 a. 05-27-2005 3/3
ri
Paul E.Rosenthal,Esq.
May 26,2005
Page 2
of the real estate closings. Upon closing,we would work very closely with Foley&Lardner to ensure
simultaneously recording of all documents in the correct order to effectuate the City's needs.
While we understand that this is not the usual procedure for the City, your approval of this
request would be most appreciated as this is an usual transaction with multiple parties. We appreciate
that everyone involved,including the City,has been working for a very long time on this particular site.
BP, Village Marketplace and Debra Kraft will all agree that in the event closings do not occur
within sixty(60)days then the City would have the option of rescinding the approvals or,discussing an
extension,if necessary.
We would appreciate,that if you determine to deny this request,the undersigned be so informed
prior to the City removing this matter from the June 7"1 agenda so that, if at all possible, BP, Village
Marketplace and Ms.Kraft can discuss an alternative arrangement.
We very much appreciate the City's consideration of this request. If there are concerns that we
could address in order to assist the City in making in making it's decision, we would welcome a
conversation in that regard.
•
S' cerely,
•
3 line Bozzuto
3B/jr
cc: Luis Laboy
Bernard Goudeau,III,Esq.
Randy Hodge
John Rodgers,Esq.
Wilson Abreu
David McDougall
0038350110812118476380
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FOLEY
FOLEY&LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CUENT-MATTER NUMBER
020377-0675
TO: Alex Nasser,P.E. Utilities/Engineering
FROM: Paul E. Rosenthal, City Attorney
DATE: June 14, 2005
RE: BP Products R.F. #15307 Plat(Plat of Village Marketplace)
(Fourth Review)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Response Letter from Shuns & Bowen LLP dated May 31, 2005 and stamped
received by the City of Ocoee on May 31, 2005;
2. Surveyor's Certificate from Tinklepaugh Surveying Services Inc. dated May 26,
2005;
3. Boundary Survey prepared by Tinklepaugh Surveying Services, Inc. dated
October 27, 2003, as last revised May 26, 2005 and stamped received by the City of Ocoee on
May 31,2005 ("Survey"); and
4. Plat for Village Marketplace stamped received by the City of Ocoee on May 31,
2005 (the"Plat").
This memorandum supercedes our previous memoranda dated March 25, 2004, April 5,
2005 and May 20, 2005. Based upon our review of the documents noted above pursuant to the
Land Development Code, we have the following comments:
1. City Staff should advise whether the stormwater retention tracts located on the
Plat (Tracts B, C and D) are consistent with those tracts depicted on the BP Small Scale Site
Plan. If not, the Plat should be revised to reflect tracts consistent with the BP Small Scale Site
Plan.
FOLEY&LARDNER LLP
II FOLEY
2. The Joinder and Consent to Plat located on the Cover Sheet of the Plat incorrectly
indicates a certain document recorded in Official Records 5749, Page 1146. Please revise the
Joinder and Consent to replace "1146"with 1166."
3. Please revise the numbering of the Plat Notes located on the Cover Sheet of the
Plat to change the second# 11 and#12 to read#14 and#15,respectively.
4. Please be advised that the following original executed documents will need to be
provided prior to the recording of the Plat,but in no event later than sixty(60)days from the date
of City Commission Approval of the Plat.
a. Mylar of the Plat;
b. Development Agreement (Village Market Shopping Center), including an
executed Joinder and Consent thereto;
c. Partial Release of Mortgage for Tract A from General American Life
Insurance Co.;
d. Special Warranty Deed from Debra S. Meredith Kraft conveying a portion
of Tract A to the City of Ocoee;
e. DR-219 for above referenced Deed;
f. Special Warranty Deed from Village Marketplace Investors, Ltd.
conveying a portion of Tract A to the City of Ocoee;
g. DR-219 for above referenced Deed;
h. Performance Bond for Improvements;
i. Lien Settlement Statement.
Please send these documents directly to Foley & Lardner LLP, with a copy to the City of
Ocoee. These documents will be held in escrow until we are directed to record the Plat.
5. We have no further comments related to this project.
If you have any questions regarding this matter,please do not hesitate to call.
2 FOLEY&LARDNER LLP
ATTORNEYS AT LAW
JUN-15-200501ED) 10: 26 Bower Singleton P. 002/003
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June 14,2005
File No.: 000-1
Mr.Alex Nasser,Staff Engineer
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Subject: BP Products R.F.#15307
(New site location) Fourth Review
Dear Mr.Nasser:
On behalf of the City of Ocoee,we have reviewed the referenced plat and have the following comments:
BP Products R.F.#15307 Received a new plat on May 18,2005. This plat is now a 2-page plat.
Sheet h of 2
• The O.R. Book 5749, Page 1146 listed as a mortgage in the Joinder&Consent is not listed in the
Title Opinion by Lowndes Drosdick Doster Kantor & Reed dated December 23, 2004. Same
comment. The way the OR Book and Page Is shown, it appears to be a separate listing. It
there is a more up to date title opinion, please provide copy.
• 177.091 (11) "Each plat shall show a description of the lands subdivided, and the description
shall be the same in the title certification. The description must be so complete that from it,
without reference to the plat,the starting point and boundary cart be determined."
Please add the tangent bearing to the legal description. Using the legal alone,you have to
back down from the point of tangency to figure the tangent bearing/direction of the curve.
ISSUE RESOLVED
Sheet 2 of g
• Need some dimensioning on the easements. 177.091 (16). See redline copy of the plat.
Still need additional dimensions. ISSUE RESOLVED
GENERAL NOTES
• Please send a signed and sealed Letter of Certification stating that the PRMs have been set.
JUN-15-2005(WED) 10: 2? Bower Singleton P. 003/003
•
Alex Nasser
June 14,2005,2005
Page 2 of 2
Please send Letter of Certification on company letterhead. ISSUE RESOLVED
• Please send a copy of the updated Title Opinion and a signed and sealed Boundary Survey with
the re-submittal.
New boundary survey supplied. Title Opinion does not have a legal description. Please
provide a new Title Opinion. STILL NEED
• See redline copy of enclosed plat for any additional comments.
• Item number 5 on the Title Opinion is not shown on the plat. Is It plottable? ISSUE RESOLVED
if you have any questions or require additional information, please give contact me at (407) 843-5120,
extension 3165.
Sincerely,
Sandra V.Bailey, P.L.S.
Manager of Platting
SVB: $b
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Enclosures
c: Correspondence File