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HomeMy WebLinkAboutVI (A1) West Oaks Mall PUD (f/k/a) Lake Lotta Mall PUD - First Amendment to Development Agreement AGENDA 7-18-95 Item VI A 1 FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 1407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney / /'L DATE: July 12 , 1995 RE: West Oaks Mall PUD: First Amendment to Development Agreement In connection with the approval of the Lake Lotta Mall PUD the City, Homart Development Co. and Lake Lotta, Ltd. entered into a certain Development Agreement dated January 26, 1995 ("the Development Agreement") . The Development Agreement was required under the provisions of the City of Ocoee PUD Ordinance. Proposed Ordinance No. 95-19 will amend the Land Use Plan for the Lake Lotta Mall PUD. Upon adoption of such ordinance, it will be necessary to amend the Development Agreement so as to be consistent with the revised Land Use Plan. Attached is a proposed First Amendment to Development Agreement (West Oaks Mall PUD) between the City and Homart Development Co. The First Amendment revises the Development Agreement so as to be consistent with Ordinance No. 95-19. RECOMMENDATION: It respectfully is recommended that the City Commission approve the First Amendment to Development Agreement (West Oaks Mall PUD) between Homart Development Co. and the City, authorizing execution thereof by the Mayor and City Clerk. PER:dh Enclosure C:\WP5I\DOCS\OCOE\MEMOS\PERDDHO7.1 121 7/12/95 1 DEBBIEH 1 PER:dh rV TINS INSTRUMENT PREPARED BY Paul E. Rosenthal, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE For Recording Purposes Only 150 North Lakeshore Drive Ocoee, FL 34761 (407)656-2322 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (BEST OARS MALL PUD) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First Amendment") is made and entered into as of the day of July, 1995 by and between HOMART DEVELOPMENT CO. , a Delaware corporation, whose mailing address is Security Centre, Suite 529, 3500 Piedmont Road, Northeast, Atlanta, Georgia 30305 (hereinafter referred to as the "Developer") , and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City") . WITNESSET H: WHEREAS, the Developer owns fee simple title to certain lands located. in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property") ; and • WHEREAS, the City and, the Developer have heretofore entered into that certain Development Agreement, dated January 26, 1995, as recorded on April 10, 1995 in Official Records Book 4877, Page 1880 of the Public Records of Orange County, Florida (the "Development Agreement") ; and WHEREAS, the Developer has submitted a request to the City to revise the Land Use Plan (as defined in the Development Agreement) in order to (i) increase the maximum permitted building height set forth in Condition of Approval #6, (ii) decrease the minimum parking space size for parking spaces adjacent to linear landscaped islands as set forth in Waiver No. 1, and (iii) to change the name of the project and the PUD from "Lake Lotta Mall PUD" to "West Oaks Mall PUD" , all as more particularly set forth below; and WHEREAS, of even date herewith, the City Commission of the City of Ocoee, Florida has approved and adopted Ordinance No. 95-19 which amends the Land Use Plan to reflect the revisions requested by the Developer as described above; and WHEREAS, the City and the Developer desire to revise, amend and modify the Development Agreement to correspond to the revisions to the Land Use Plan as set forth in Ordinance No. 95-19 . NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. - The above recitals are true and correct and incorporated herein by this reference. Section 2 . Development of the Property. Section 2 of the Development Agreement is hereby amended to read as follows: A. The Developer hereby agrees to develop the Property in accordance with Ordinance No. 95-02, adopted by the Ocoee City Commission on January 26, 1995, as amended by Ordinance No. 95-19, adopted by the Ocoee City Commission on July 18, 1995, including that certain Land Use Plan for the Lake Lotta Mall PUD dated December 29, 1994 as revised through January 16, 1995, and date stamped as received by the 'City on January 20, 1995 and consisting of the following fourteen (14) sheets: Sheet SP 1: Land Use Plane Sheet 2 : Conceptual Grading and Drainage Plan Sheet 3 : Conceptual Utility Plan - Water & Sewer Sheet 4: Conceptual Utility Plan - Power, Gas, Telephone & Site Lighting Sheet 5: Conceptual Signing & Marking Plan Sheet 6: Conditions of Approval (dated August 26, 1994 as revised through January 19, • 1995, and as revised by Ordinance No. 95-19) Sheet 7: Sketch to Accompany Legal Description (as revised thru January 19, 1995) Sheet 8: Heavy Duty Pavement Areas -2- Sheet 9 : Tree Removal and Preservation Plan (dated December 20, 1994) Sheet 10: Conceptual Landscape Development Plan (dated December 20, 1994) Sheet 11: Conceptual Landscape Detail Sections (dated December 20, 1994 as revised thru January 16, 1995) Sheet 12: Conceptual Landscape Entry Enlargement Development Plans (dated December 20, 1994) Sheet 13 : Site Plan with Topography Sheet 14: Proposed Conditions Drainage Map (hereinafter referred to as the "Land Use Plan") . Ordinance No. 95-02, Ordinance No. 95-19 and the Land Use Plan, as amended, are hereby incorporated herein by reference as if fully set forth herein. Section 3. Condition of Approval #6. Condition of Approval #6, as set forth in Exhibit "B" to the Development Agreement, is hereby revised to read as follows: Building Heights - Building Heights will not exceed forty-five feet for structures constructed on any outparcel; piovided, however, that structures within the mall building itself may reach a maximum height of (1) fifty-two (52) feet for any portion of the building used for human occupancy, and (2) seventy-two (72) feet for any portion of the building not used for human occupancy. Any light emanating from building projections exceeding fifty-two (52) feet in height shall be designed to prevent adverse glare from affecting surrounding properties. Section 4. Waiver No. 1 From Land Development Code. Waiver No. 1 from the requirements of the Ocoee Land Development Code, as set forth on Exhibit "D" to the Development Agreement, is hereby amended to include and add the following: Parking spaces adjoining linear landscaped islands may be reduce in size to 9 ' x 14' where a 2 ' bumper overhang is provided. The spaces will not be labeled in anyway to restrict their use to compact cars only. Section 5. Name of Project and PUD. The project and PUD name "Lake Lotta Mall PUD" shall be and is hereby amended to be "West Oaks Mall PUD" , and all project plans and documents now or hereafter submitted to and adopted by the City shall utilize this -3- name; provided, however, that this name change will not apply to the Lake Lotta Mall DRI or any documents pertaining thereto. Section 6. Recordation of First Amendment. The parties hereto agree that an executed original of this First Amendment shall be recorded by the City, at the Developer' s expense, in the Public Records of Orange County, Florida. Section 7. Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 8. Effective Date. The Effective Date of this First Amendment shall be the date of execution by the City. Section 9. Modification. Except as specifically modified by this First Amendment, the provisions, terms and conditions of the Development Agreement remain unchanged and in full force and effect. -4- IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. DEVELOPER: Signed, sealed and delivered HOMART DEVELOPMENT CO. , in the presence of: a Delaware corporation By: Signature Name: Print Name Title: Signature (CORPORATE SEAL) Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as of HOMART DEVELOPMENT CO. , a Delaware corporation, and who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses: and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995 . Signature of Notary Name of Notary (Typed,Printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): —5- CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: Signature S. Scott Vandergrift, Mayor Print Name Attest: Jean Grafton, City Clerk Signature (SEAL) Print Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING Approved as to form and _ HELD ON , 1995 legality this day of UNDER AGENDA ITEM NO. , 1995. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995 . Signature of Notary Name of Notary (loped,Printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): CAWP51\DOCSAOCOML.AKIIATIMS1'AMEND.AGM X7/11/95 1 18W015IDPBdp -6- EXHIBIT "A" BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 2 TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: FLORIDARIDA AND MORE COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77. 22 E TO A POINT BEING THE N.E. CORNER OF THE N.W. FEET OF THE S.E. QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; T S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. • THENCE QUARTER OF SAID SECTION 21, QUARTER OF THE S.E. 89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO 2GROVE7 FEET; S N ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THTS RECORDED IN PLAT BOOK E, PAGE 52, OF, AS FLORIDA, A DISTANCE OF 90.63 FEET; THENCE RS 0°����.O�GE COUNTY, 944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE ODISTANCE BOF A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" BLOCK WEST LINE OF LOTS 4 THROUGH 7, 46 W ALONG THE FEET TO ITS INTERSECTION WITH THEBLOCKORTH RIGHTPLAT, A DISTANCE OF 343.13 50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG WAY O STARE ROAD WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09' W,AD NORTH RIGHT OF 1106.89 FEET;.THENCE N 0°02'25" E ALONG THE WEST LINE OF TTANCE RA OF PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF6, SAID LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 8 FEET,48' " W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS 24 EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.153E ;W THENCE S 89,46 31 W ALONG THE SOUTH LINE OF THE NORTHEAST UA EEE' OF THE SOUTIWEST QUARTER, SECTION 21, A DISTANCE OF QUARTER INTERSECTING THE EAST RIGHT.OF WAY OF CLARKE ROAD HAVING A 1 FOOT RIGHT OF WAY TO A.POINT ON A NON-TANGENT CURVE, CONCAVE .SOUTHEASTERLY, HAVING:A RADIUS OF 1191.00 FEET AND A CENTRAL OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVTO THELE RIGHT;A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD WHICH:BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF CURVE; THENCE ALONG.SAID RIGHT OF WAYS 66°52'48" E, A DISTANCE OF E 20.00tEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24"; THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY • CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 OF 7 FEET TO THE A CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N 65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A (Page 1 of 2) CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32[47'13"DISTANCE OF DISTANCE FEET OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF 501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N 41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID RIGHT OF WAY, A DISTANCE OF 20.00 FEET;THENCE ALONG RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNI A CURVE, CONCAVE NORTHWESTERLY, NG OF HAVING A RADIUS OF 1291.00 FEET AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF 931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A DISTANCE OF 911.61 FEET TO THE END OF THE CURVE;THENCE ALONG THE EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91 FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST RIGHT OF WAY OF CLARKE ROAD; THENC.E_S 0°04'18" E ALONG THE EAST LINE OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF BEGINNING.. CONTAINS 130.004 ACRES, MORE OR LESS. r • • • (Page 2 of 2) '