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HomeMy WebLinkAboutItem III (C) Approval and Authorization for Mayor and City Clerk to execute SunTrust Bank Development Permit Processing Agreement AGENDA 3-19-96 Item III C FOLEY & LARDNER ATTORNEYS AT L A W SUITE 1800 111 NORTH ORANGE AVENUE A MEMBER OF GLOBALEX ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN JACKSONVILLE TELEPHONE (407) 423-7656 BERLIN TALLAHASSEE BRUSSELS TAMPA FACSIMILE (407) 648-1743 DRESDEN WEST PALM BEACH MAILING ADDRESS FRANKFURT MILWAUKEE LONDON MADISON POST OFFICE BOX 2193 PARIS CHICAGO ORLANDO, FL 32802-2193 SINGAPORE WASHINGTON,D.C. STUTTGART TAIPEI MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE : March 15, 1996 RE: Lake Bennet Centre : Sun Trust Bank, Central Florida, N.A. Processing Agreement Lot 1 of the Lake Bennet Centre Subdivision has been purchased by Sun Trust . They are in the process of obtaining preliminary-final site plan approval . The City has required that Sun Trust and ZOM Lake Bennet, Ltd. execute a Development Permit Processing Agreement which is the same as the previous agreement executed by American Medical Associates in connection with the Coordinated Care facility. This protects the City in the event the infrastructure is not completed in a timely manner by ZOM Lake Bennet . Attached hereto is the proposed Processing Agreement . RECOMMENDATION: It respectfully is recommended that the City Commission approve the Sun Trust Bank, Central Florida, N.A. Development Permit Processing Agreement between Sun Trust Bank, Central Florida, N.A. , ZOM Lake Bennet, Ltd. and the City and authorize execution thereof by the Mayor and City Clerk. PER:dh Enclosure ESTABLISHED 1 8 4 2 03/12/96 16:00 SUN BANK,NA 4 9-6481?43 '•".+-,� "... • SUNTRIJST BANK,CENTRAL gL,ORIDA,N.A. DEVELOPP'R G mis SUNTRUST BANK,CENTRAL FLORIDA,N.A.DEVELOPMENT PERMIT PROCESSING AGREEMENT Obis"Agri")is made and entered into this day of ibiarcb, 1996,by and between SINTRIIST BANK,CENTRAL FLORIDA,NA., a national banking whose mailing address is 200 South Orange Avenue, 10th Floor, Orlando,Florida 32801 referred to as the'Lot Owner"),ZOM LACE BENNET, whose mailing address is 2269 Lee Road, Suite 101,Winter LTD.,a Florida limited partnership, Park,Florida 32789(hereinafter referred to as the"Developer"and the CITY OF 4G'OEE,a Florida municipal corporation,whose=Mrs address is 154 North Lakeshore Drive,Ocoee, Florida 34761 (hereinafter referred to as the"City"). WIT,NESSE : SykOrR ' ;;the.Lot Owner owns fee simple title to certain lands located in Orange County,Florida,-and vuithin 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 p art hereof(hereinafter reeired to as the"Property");and • • ., Lot rti accordance with those WHEREAS,the Lot Owner intends to the develop the PropertyHollisse Preliminary-Final Site Plan for SunTrust Bank,Central Florida,NA as preparedby • certain Inc.under Project No. ,date stamped received by the City on (the'Lot.Owner Final Site Plans"),and __ WHEREAS,the Lot Owner intends to construct a 5,284 square foot branch banking in accordance with certain p�prepared by Robert Ried Wedd facility on the Property• r Archrects(the"i of Owns Architectural Plans");and `the property is located within the Lake Bennet Centre Subdivision(the s. RE),wh by the Developer pursuant to: (1) the Final 'Subdivision ,ahicii subdivision is being developed Subdivision Plans for Lake Bennet Centre as prepared by Hollis Engineering Incorporated,date liBALXV-9603rrn.1 6/Z 30Vd S bG I+gb9.a I ?.I3NQ?P 1 UNt' A3'IO3.WONA 60. I t 96-S t-NNW • 1 v. ". • stainpedreceivedby the City�August 1, 1995 and approved by the Ocoee City Commission and(2)the Lake Bennet Developers Agreement August 15, 1995(the"Final ") dated April 4, '1995 between the Developer and the City(the"Developer's Agreement")(the Final Subdivision Plans and the Developer's Agreement are herein collectively referred to as the "Development Plans',and IVHEREAS,the Developer has platted the Subdivision by recording the Plat of Lake Bennet Centreiu Plai Book 35,Pages 126 and 127 of the Public Records of Orange County, Florida(the"Plat"),but the Developer bas not completed all of the subdivision improves m accordance with the Development Plans,the requirements of the Ocoee City Code and all governmental approvals and permits with respect to the Subdivision(collectively"the Subdivision dams".;a:nd WAS,the Lot Owner has requested that the City issue certain developmentpermits prior to completion by the.Developer of the Subdivision hnprovg;and WHEREAS,the City is wig to issue certain development permits,prior to completion by the Developer of the Subdivision Improv,subject to the terms,conditions and limitations hereinafter set forth;and 1.. t •.; WEREAS,..all references in this Agreement to "development permits"shall be as defined in Section 2-2(80.of the'Ocoee Land Development Code and shall include but not be limited to clearing and grul*mg,well,undergound storm sewer,foundation,under and utility, c and gutter, storm sewer,and building permits;and WHEREAS,the jssuance of certain development permits prior to completion of the Subdivision Improvements will allow the Lot Owner to proceed,at the Lot Owner's risk,on same an expedited basis while at the time protecting the public health,safety and ;and1 VHEREAS,the.City has determined that it is in the best interest of the City to issue 15 : • to the Lot Owner prior to completion by the Developer of the _ certain dev�t peirnits Subdivision movements, • ,��:,; ,y� and valuable NOW,TI RE,in conideration of the premises and other good ccuisidesatio� ed between the parties hereto,the receipt and icy of which is hereby acknowledged,the parties hereto agree as follows: • Section 1_' 1Recitaals. The above recitals are true and correct and incorporated herein by this reference. . ,. • Section 2- Agreem2M1213-1-'01alts. Subject to the terms and conditions set forth in this Agreement,the City hereby agrees to issue the following development permits .subject to the payment of all applicable fees and charges)in accordance with the schedule indicated below to the Lot Owner or its designees for the development on the Property in REALEW.9603u D 1 S/E 3Oted E b4 I+EtbS.Q I Zl3NQ21V I (INV A3'IO3.WOZid 01 . 11 SB-S i-HVW accordance with the Lot Owner Final Site Plans and the Lot Owner Architectural Plans,as approved by the City,and all other governmental approvals and permits with respect to the Pmp Y (A) Upon execution of this Agri by the Lot Owner: Clearing,Grubbing and Fill permits. (B) Upon the Effective Date of this Agreement: Building permits for construction activities which do not utilize combustible materials,except that permits for on-site sewer and water lines and appurtenant facilities are expressly excluded. (G� Upon the Effective Date of this Agreement and issuance by the Florida Department of Enviroiime Protection of water and wastewater permits for the Property: Building permits for' the msallation of on-site sewer and water lints and appurtenant fatties. (D) Upon completion by the Developer of a stabilized road bed serving the Property from State Road 50 and'an approved water system which the City,in its discretion,deems to be acceptable and operational for firefighting purposes at the Property: all remaining development permits not previously authorized to be issued. Section 3. Completion of Subdivision Improvement_ The Developer agrees to proceedin good frith to complete the Subdivision Improvements in accordance with the time schedule set forth in the Development Plans and other governmental approvals and permits for the Subdivision.-•The Developer acknowledges that the City and Lot Owner are materially relying on the foregoing in coition with their entering into this Agreement The Lot Owner acknowledges that tale City has made no warranty or representation to the Lot Owner with respect to.the schedule for completion of the Subdivision Improvements and that it is relying solely on its oven moons and inquiries with respect thereto. Nothing contained herein or in the Development Plans or in any approval or permit now or hereafter granted by the City to the Lot Owner or the Developer shall be construed to in any way obligate the City to complete the Subdivision Improvements in the event the Developer fails to do so. The City agrees in good faith to consider any request from the Lot Owner with respect to the timely compliance by the Developer with itzsobligations to complete the Subdivision Improvements. Selina a. Restrictions of to of Occupancy. No Certificate of nee.�ertifica Occupancy shall be issdedby the City fora structure constructed on the Property or any portion thereof urs(I)tletot`„Owren-and,if applicable,the permit holder has complied with all applicable provisions,of the Ocoee City Code related to the issuance of Certificates of Occupancy and(ii)the Developer and,if applicable,the permit holder has completed the Subdivision Improvements iu accordance with the Development Plans and all other applicable governmental approvals,*nits and requirements and such iroproveatents have been approved by the City as evidenced by the issuance of a Certificate of Completion,and,to the extent such improvements are to be dedicated or conveyed to the City,the City has accepted such dedication or conveyance (collectively,tie 7Certificate,of Occupancy Coons"). • REALEs<I960311D.1 ti . u • 6/17 30Hd E 17G L+8179°O I 2I3NC2IV I CNt! A3'IOd'WO2Id t L ' L L 96-9 I-2IVW U.Y 1./ ta:r+i our. ,,,,.,.,... - • t_ L. (A) Approval by the City of development permits for the Property pursuant to the provisions of this Agreement shall for all purposes be a conditional approval and conditional development permits,.respectively. The Lot Owner and the holder of any development permit issued for the Property acknowledge and agree that they are proceeding at their own risk and expense in obtaining development permits and commencing development activities pursmmt to the development permits issued pursuant to the provisions of this Agreement (B) The Lot Owner and any subsequent owner of the Property or any portion thereof shall not be entitled to claim any vested rights or detrimental reliance based upon actions taken in , reliance on approval of any development rights issued pursuant to the provisions of this - - A • (C) . The Lot Owner hereby des and holds the City harmless from any and all damages,costs, expert suits, claims,fines,penalties and Baht sties,includingbut not limited to attorneys'fees and,paralegal fess and costs,whether at the trial or appellate level,without regard to whether any legal or adininistrarive proceedings are commenced or whether or not such action is prosecuted tb judgmeiit or a final determination,arising out of or related to this Agreement,and development permits issued by the City pursuant to the provisions of this Agreement;provided, however,that the foregoing indemnity shall not be construed as applying to or including any obligations of the Developer and it is expressly agreed that the Lot Owner is not assuming any obligations of the Developer except to the extent see forth in the Lot Owner Final Site Plans and the Lot Owner Architectural Plans: Semon 6. lastiee..Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered(whether or not actually received)when(I)hand delivered to the person hesektaft�er"desig ed,or(ii)when deposited in the United States nom,postage prepaid, certified Mail,return receipt requested,addressed to the person at the mailing address set forth'ati the first page of this Agreement,or such other address or to such other person as the partk shall have_specified.by written notice to the other party delivered in accordance herewith. e+tion 7. Covenant Ranting with the.Ltnd. This Agreement shall nm with the Property and inure to and be for the benefit of and being binding on the parties hereto and their respective successors and assigns and any person,firm,corporation,or entity who may become the successor in interest to the Property or any portion thereof or who may be issued a development permit for all or any portion of the Property_ • "on S_, �. '`lt dation or At the option of the City,this Agreement may be recorded,at the Lot Owner's crpense,in the Public Records of Orange County,Florida. The City will,from time to time upon request of the Lot Owner or the Developer,execute and deliver letters affirming the status of this Agreement • B eA1 EfsiS U3IWt 6/S 3Otfd E bL I+Ab9'Q I 2[3NQ?rd7 QNtt A37O3'WO2td 96-S i-2ldW -�- --. Section 9. Anplicab Lbw. This Agreement and the provisions contained herein shall be construed,controlled and interpreted according to the laws of the State of Florida. Section 10, Tlimstukesse. Time is hereby declared of the essence to the lawful performance of the cities and obligations contained in this Agreement. Section 11, '.A Am d This Agreement constitutes the entire agreement between the parties,and supersedes all previous moons,understandings and agreements,with inspect to the subject matter hereof;provided,however,that nothing contained herein shall be deemed to supersede or amend any provisions of the Lot Owner Final Site Plans, Lot Owner Architectural Plans,the Development Plans,or any other governmental approvals or permits with respect to the Subdivision and the Property. Nothing contained in this Agreement shall be construed as a waiver of any provisions of the Ocoee City Code or any permits or approvals hereto granted by the City. Amendments to and waivers of the provisions of this Amt shall be made by the par ie yin writing by formal amendment. • any time followinga Section Feer D cunten The parties agree that at request therefor by the other party,each shall execute and deliver to the other party such further documents and instrumeats,in form and substance reasonable necessary,to confirm and/or effectuate the obligations of either party hereunder. Section 13. Attorneys' Fees. in the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereon the,prevailing party shall be entitled to recover from the other party its reasonable attorneys'fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings,without regard to whether any legal proceedings are commenced or whether or not such action is Prosecuted toin4gmentt Counteroarts. This.Agreement may be executed in any number of counterparts,each of winch shall be deemed to be an original but all of which together shall constitute one and the same instttmtertt. Section 15. :captions. Captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to eXplaia,modify, amplify or aid in the interpretation,construction or meaning of the provisions of this Agree_ • 1_1'3.64 abiUty_ if any sentence,phrase,paragraph,provision or portion of • SectZo6._ - court of competent "eemcnt Is Tor anyreason held invalid or unconstitutional by any this and jurisdiction,such portion shall be deemed a separate,distinctd independent provision and such holding shall not affecethe.vabrfity of the remaining portion hereof REAtasasEceiI1.t _ 6/9 30ttd S bL t+Hb9°O I 2I3NQHV1 CNV A37O3'WO2t3 3 t : L L 96-S L-23VW 03/12/96 16:01 SUNNAt,NA a 3-6481?473• .OM1 ,, • y ` ♦t Section 17. Eff Kivu The Effective Date of this Agreement shall be the date that it is last executed by a party hereto. 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. . LOoOR_NSR sealed and delivered S1iCENTRAL BANK, E TRAL FLOhtIDA, Signed,in the pry NA.,a national banking association Of BY_ p' t Vice President Print Name: • Anthony I.Bower, (Corporate Seal) Print Name: . DEVELOPER; Signed,sewed and delivered ZOM LAKE BENNET,LTA., in the presence of > a Florida limited partnership By: ZOM PROPERTIES,MC.,a Florida • corporation,its sole general partner Primo Name:— Samuel C. Stephens,]1T,President (Corporate Seal) Print Name: • s . • R1 LES`L960311D.1 1 • 6/G 3Jttd E bG I+9 ib9 Q I 2 NOXW7 (TNH 7 g7C1.-:WfN.4 f t i I RR-G t-MWW Com; Signed,sealed and delivered CITY OF OCOEE,FLORIDA in the prem of Pr. Print Name` ' S. Scott Vander,Mayor _ - Attest- Jean Grafton,City Cmc Print Nam (SEAL) FOR USE AND REI CE APPROVED BY THE OCOEE CITY ONLY BY TEE(',TTY OF A COMMISSION AT A M' ET}NG B ELD ON OCOEE,FLORIDA. MARCH , 1996,UNDER AGENDA ITEM NO. • Approved as to form and legality this day of March, 1996. FOLEY&LARDNER __ Paul Rosenthal,£ity-Atto iey I to REALES 1.96031 6/8 3OHd E bL t+Bb9=CI aaNQ?1tt7 (INV f,3'IOd°W02Id E L ' L t 96-9 t-2I'dW Q:,."1 1S:01 SUN BANK,NA 6174. . .._ . EXIT"A" LOT 1 OF Tit PLAT OF LAKE BENNE'T CENTRE AS RECORDED IN PLAT BOOS 35,PAGES 126 AND 127,OF THE PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA. , • ' • • • • • • { RV AL.FS1196031ID.1 • t 6/6 3]dd C1741+6179'01 213NCINV'I (INV A37O3°WO?1d b i ° i i 96-St-8V104