HomeMy WebLinkAboutVI (E2c) Second Reading of Ordinances: Worsham/Cambridge Village; Development Agreement (Cambridge Village) Agenda 3-07-2000
Item VI E 2c
FOLEY & LARDNER
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
LOS ANGELES ORLANDO, FLORIDA 3 280 1-2386 TALLAHASSEE
MADISON TELEPHONE: (407)423-7656 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
EMAIL ADDRESS (407) 244 3261 CLIENT/MATTER NUMBER
Mformella@foleylaw.com 020377-0505
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney 1Y/4:1
DATE: February 16, 2000
RE: Cambridge Village PUD - Development Agreement (Project No. AP-99-05-04)
ISSUE:
Whether the City Commission should approve the proposed Development Agreement.
DISCUSSION:
The owners of approximately 8.97 acres of property located south of White Road
approximately 900 feet east of the intersection of Clarke and White Roads ("Property") has
requested a zoning classification of PUD, Planned Unit Development District. Section 4-
5A(5) of Article IV of the Ocoee Land Development Code requires that the owner and the
City enter into a Development Agreement incorporating all plans and conditions of approval
by reference in connection with the approval of a PUD. The Development Agreement
incorporates the PUD Land Use Plan by reference and includes the Conditions of Approval
and Waiver in Exhibits "B" and "C", respectively. In addition, the Development Agreement
requires the owners to dedicate and convey to the City a ten (10) foot wide strip of property
along White Road ("Right-of-Way Land") within sixty (60) days following receipt of written
notice from the City but in no event later than approval of a plat for all or a portion of
Property. No person or entity shall be entitled to compensation or impact fee credits in
connection with the conveyance of the Right-of-Way Land. The Development Agreement will
be binding on the current owners as well as any subsequent purchaser.
Og-
006.17 1 128.1
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the Development
Agreement and authorize the execution thereof by the Mayor and City Clerk.
Attachment
006.171128.1 -2-
PREPARED BY:
Martha H. Formella, Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
RETURN TO:
Jean Grafton, City Clerk For Recording Purposes Only
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407)656-2322
DEVELOPMENT AGREEMENT
(CAMBRIDGE VILLAGE)
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into
as of the day of , by and between JOSEPH T. WORSHAM,
DONNA L. WORSHAM, BYRON VOGT, and SUSAN A. VOGT, whose mailing address
is 9929 White Road, Ocoee, Florida 34761-3402 (hereinafter collectively
referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation,
whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City
Manager (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner 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, pursuant to the petition of the Owner, on , the
Ocoee City Commission approved Ordinance No. rezoning the Property as
"PUD" under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to fully
comply with the provisions of the Ocoee Land Development Code.
006.155183.1
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
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.
A. The Owner hereby agrees to develop the Property in accordance with
that certain PUD Land Use Plan for Cambridge Village prepared by Professional Design
Associates, Inc., date stamped as received by the City on January 19 , 2000 (hereinafter
referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by
reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in
accordance with and is made subject to those certain Conditions of Approval attached hereto as
Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The
Owner further agrees to comply with all of the terms and provisions of the Conditions of
Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the
Conditions of Approval set forth in the Land Use Plan.
C. Except as otherwise expressly set forth in this Agreement and the Land
Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision
regulations of the City as set forth in the Ocoee Land Development Code, as it may from time
to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and
final site plans for the Property or any portion thereof shall conform to the Ocoee Land
Development Code requirements in effect at the time of approval of any such plans. In the
event of any conflict between the provisions of the Ocoee Land Development Code, as it may
from time to time be amended, and this Agreement, it is agreed that the provisions of this
Agreement shall control.
Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City
of Ocoee Ordinance No. Owner has been granted waiver(s) from the requirements of
the Ocoee Land Development Code, said waiver(s) being set forth in Exhibit "C" attached
hereto and by this reference made a part hereof.
Section 4. Conveyance of Right-of-Way. Within sixty (60) days following
receipt of written notice from the City requesting the same, but in no event later than the date
of approval of the plat for all or a portion of the Property, the Owner shall dedicate and
convey to the City a ten (10) foot-wide strip of the Property lying adjacent and contiguous to,
and along the entire length of the Property's frontage on the existing right-of-way for White
Road (the "Right-of-Way Property"). The Right-of-Way Property shall be dedicated and
conveyed by the Owner to the City by warranty deed free and clear of all liens and
encumbrances except for those matters acceptable to the City. The form of the warranty deed
shall be subject to the approval of the City. The Owner shall, contemporaneously with the
dedication and conveyance of the Right-of-Way Property to the City, provide to the City, a
-2-006.155183.1
current attorney's opinion of title, or a current title commitment, to be followed by a policy of
title insurance, evidencing that fee simple title to the Right-of-Way Property is free and clear
of all liens and encumbrances except for those matters acceptable to the City. The costs and
expenses related to the conveyance and dedication of the Right-of-Way Property including the
cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-
Way Property shall be prorated as of the day before the City's acceptance of the dedication
and conveyance of the same, and the prorated amount of such real property taxes attributable
to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of
Section 196.295, Florida Statutes. Neither the Owner nor any other person or entity shall be
entitled to any road impact fee credits or other compensation of any kind for, on account of,
or with respect to the required dedication and conveyance of the Right-of-Way Property to the
City.
Section 5. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand
delivered to the other party at the address appearing on the first page of this Agreement, or (ii)
when deposited in the United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address appearing on the first page of this Agreement,
or such other person or address as the party shall have specified by written notice to the other
party delivered in accordance herewith.
Section 6. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of 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.
Section 7. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 10. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
Section 11. Further Documentation. The parties agree that at any time following
a request therefor by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
and/or effectuate the obligations of either party hereunder.
-3 006.155183.1
Section 12. Specific Performance. Both the City and the Owner shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
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 hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, legal assistants' 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 to judgment.
Section 14. Counterparts. This Agreement 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 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 explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 16. Severability. If any sentence, phrase, paragraph, provision, or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 17. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the OWNER:
presence of:
r' t Name e • 5 ; .
(J-c-4-06- ----
Josepif T. Worsham
a .
Print Na y!J k £), I-Af
-4-006.155183.1
STATE OF FLORIDA
COUNTY OF p ra,.,ge
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Joseph T.
Worsham, who [X ] is personally known to me or [ ] produced
as identification, and that he acknowledged executing the
same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this 5"
day of ?C,Nt+url .
gdature of Notary
?"" George M.Smith
__ MY COMMISSION#CC755136 EXPIRES GP.�r•gef.f (Yl• M:�-�.
.:.�R,. July 5,2002 Name of Notary (Typed, Printed or Stamped)
;F' 'd BONDED THRU TROY FAIN INSUP.4NCE,INC
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
-5-006.155183.1
Signed, sealed and delivered in the
Presence of:
riot ame I- .Kur-a. Donna L. ham
and
Print N me
STATE OF FLORIDA
COUNTY OF pra,cte
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Donna L.
Worsham, who [X ] is personally known to me or [ ] produced
as identification, and that she acknowledged executing
the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and
purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this 51"`
day of,�c,,,r„ur , two .
;:+:+.'?u , George M.Smith S' natu e of Notary
..
- MY COMMISSION CU561?6 EXPIRES
• ••.�� July 5 2002
' o;:• BONDED THRUT+Ov FAIN INSU;ANCE : Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
-6-006.155183.1
Signed, sealed and delivered in the
presence of:
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Print Name r z Byron `vo t
____ _,_. . - _-i-L.T\(__ -V=Co-C-Nr.
Print Name' i - c7 C ,
STATE OF FLORIDA
COUNTY OF QL f'-e-r
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
Stat and County aforesaid to take acknowledgments, personally appeared Byron Vogt, who
[ ] is personally known to me or [ ] produced as
i entification, and that he acknowledged executing the same in the presence of two subscribing
witnesses, freely and voluntarily, for the uses and purposes therein expressed.
?XITNESS my hand and official seal in the County and State last aforesaid this S
day d Can.4.-c 0 ` 5z , v •
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Signature of Notary d
Name of Notary (Typed,Printed or tamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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TROY FAIN INSURANCE INC
-7-006.155183.1
Signed, sealed and delivered in the
Presence of:
Print Name Susan A. Vogt
•
Print Name anzCD
STATE OF FLORIDA
COUNTY OF Ora-r.f-e
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Susan A. Vogt,
who [X] is personally known to me or [ ] produced
as identification, and that she acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
ITNESS my hand and official seal in the County and State last aforesaid this
dayo moo•
Signature of Notary
/ o r' Yuan--
Name of Notary (Typed, printed or tamped)
Commission Number(if not legible on seal):
My COmm1SSiOn Expires(if not legible on seal):
•
i''••. Deborah Montgomery
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•:*1 MY COMMISSION#23,CC7592132002 EXPIRES
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CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Jean Grafton, City Clerk
(SEAL)
Print Name:
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. Approved as COMMISSION AT A MEETING HELD ON
to form and legality this ' day of UNDER AGENDA ITEM NO. .
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 , .
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):
-9-006.155183.1
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 21 AND 22 OF ROSE HILL GROVES, PER P.B. "H", PAGE 146, PUBLIC RECORDS,
ORANGE COUNTY FLORIDA, SECTION 21, TOWNSHIP 22 S, RANGE 28 E, ORANGE COUNTY, FLORIDA
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CONDITIONS OF APPROVAL
1. TYPE OF UNIT - SINGLE FAMILY DETACHED
2. MIN. NET LIVING AREA - 1,500 SO. FT.
3. MINIMUM BUILDING SETBACKS - FRONT : 20 FEET SIDE : 7.5 FEET
REAR : 25 FEET STREET : 20 FEET
SIDE
4. PARKING - 2 SPACES / UNIT
5. MAX. BLDG. HEIGHT - 35 FEET
6. OPEN SPACE -- 25% OF GROSS I AND AREA (SEE OPEN SPACE CAI.CUI ATIONS)
7. PROJECT PHASING : ONE
8. A HOMEOWNERS ASSOCIATION WILL BE ESTABLISHED AND DEED
RESTRICTIONS WILL BE PROVIDED AT FINAL ENGINEERING
PLAN SUBMISSION, ADDRESSING MANAGEMENT OF COMMON AREAS AND
FACILITIES, INCLUDING THE RECREATION AREA & THE RETENTION POND.
9. VEGETATION : SCATTERED OAK AND PINE TREES. A TREE SURVEY
WILL BE PROVIDED AT PRELIMINARY SUBDIVISION PLAN SUBMITTAL.
10. MAXIMUM BUILDING COVERAGE PER LOT - 40%
11. MAXIMUM IMPERVIOUS SURFACE PER LOT - 50%
12. MAXIMUM NUMBER OF LOTS - 34
13. MINIMUM LOT SIZE - 50' X 110' m
14. MAXIMUM GROSS DENSITY - 3.8 LOTS/ACRE X
15. A 6' BRICK COLUMN/DECORATIVE METAL FENCE COMBINATION WITH LANDSCAPING =_
WILL BE PROVIDED ALONG THE NORTH SIDE OF THE RETENTION POND ADJACENT
TO WHITE ROAD AND ALONG WEST SIDE OF RETENTION POND ADJACENT TO THE W
EN TRANCE ROAD.
16. FINAL CONFIGURATION OF RETENTION POND AND RECREATION AREA WILL BE BASED ON A TREE SURVEY WHICH WILL BE PROVIDED WITH THE PRELIMINARY SUBDIVISION PLAN. THE FINAL CONFIGURATION WILL RESULT IN AS MANY EXISTING TREES AS POSSIBLE BEING LOCATED WITHIN THE RECREATION AREA, T W
WHILE STILL HAVING A WORKABLE RETENTION POND AND A USABLE RECREATION AREA.
17. ALL ROADS WITHIN THE SUBDIVISION WILL BE DEDICATED PUBLIC ROADS WITH 50' RIGHT-OF-WAY.
18. GARAGES WILL NOT EXTEND MORE THAN 10' BEYOND THE FRONT OF THE HOUSE.
19. PROPOSED AMENITIES WITHIN THE RECREATION AREA WILL INCLUDE PICNIC TABLES, BENCHES.
20. THE RETENTION POND WILL BE UNFENCED WITH CURVILINEAR EDGES AND WILL BE PLANNED TO BE
INTEGRATED WITH THE RECREATION AREA, PRESERVING AS MANY EXISTING TREES AS POSSIBLE ALONG THE
PERIMETER OF THE POND.
21. THE DEVELOPER WILL PROVIDE A 100 FOOT EASTBOUND RIGHT TURN TAPER FROM WHITE ROAD INTO THE ENTRANCE ROAD WHICH SERVES
THE ADJACENT SUBDIVISION AND CAMBRIDGE VILLAGE, FINAL DESIGN OF THE RIGHT TURN TAPER, INCLUDING ASSOCIATED DRAINAGE ISSUES,
WILL BE COORDINATED WITH THE CITY'S ENGINEERING AND PLANNING DEPARTMENTS AS PART OF THE PRELIMINARY SUBDIVISION PLAN APPROVAL.
22. APPROVAL OF CAMBRIDGE VILLAGE PUD LAND USE PLAN WILL BE SUBJECT TO THE OCOEE CITY COMMISSION
APPROVING THE ANNEXATION OF 11-TE SUBJECT PROPERTY INTO THE CITY OF OCOEE.
23. THE DEVELOPER SHALL APPLY TO THE CITY OF OCOEE FOR VACATION OF THE 25' RIGHTS-OF-WAY ADJACENT TO THE SOUTHERN AND EASTERN BOUNDARIES OF THE PROPERTY.
FINAL ACTION BY THE CITY OF OCOEE ON THE DEVELOPER'S APPLICATION FOR THE VACATION OF THESE RIGHTS-OF-WAY IS A CONDITION PRECEDENT TO CITY APPROVAL OF THE
PRELIMINARY SUBDIVISION PLAN.
24. IF THE 25' RIGHTS-OF-WAY ADJACENT TO THE SOUTHERN AND EASTERN BOUNDARIES OF THE PROPERTY OR ANY PORTION OF THESE RIGHTS-OF-WAY ARE VACATED, THEN THE VACATED
PORTION TO WHICH THE FEE OWNER OF THE CAMBRIDGE VILLAGE HAS TITTLE SHALL AUTOMATICALLY BE SUBJECT TO THE LAND USE PLAN AND ALL CONDITIONS OF APPROVAL AND SHALL
AUTOMATICALLY BE DEEMED TO BE CONSERVATION AREA(S) TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
25. THE CONSERVATION AREA(S) ARE ESTABLISHED SUBJECT TO ANY ENCROACHMENTS EXISTING AS OF THE DATE OF CITY COMMISSION APPROVAL OF THE RICHI-OT-WAY VACATION. CONSTRUCTION
OF STRUCTURES OR OTHER PERMANENT IMPROVEMENTS, EXCAVATION, FILLING, REMOVAL or TREES OR OTHER VEGETATION, AND INSTALLATION OF LANDSCAPING OR OTHER VEGETATION WITHIN THE.
CONSERVATION AREA(S) IS PROHIBITED UNLESS APPROVED BY THE CITY OF OCOEE IN THE FINAL SUBDIVISION PLAN. ANY DRAINAGE WITHIN THE CONSERVATION AREAS MUST BE COMPATIBLE WITH
THE CONTINUED SURVIVAL OF TREES EXISTING AT THE TIME OF RECORDING OF THE DECLARATION AND BE APPROVED BY THE CITY OF OCOEE. THIS CONDITION OF APPROVAL SHALL BE INCLUDED
IN THE DECLARATION.
26 A CONTINUOUS 6 FOOT HIGH WOODEN FENCE SHALL BE CONSTRUCTED BY THE DEVELOPER ALONG THE WESTERN AND SOUTHERN BOUNDARIES OF THE PROPERTY AND SHALL BE
MAINTAINED BY THE HOMEOWNER'S ASSOCIATION.
27. THE DEVELOPER SHALL DEDICATE TO THE CITY OF OCOEE AN ADDITIONAL 10 FEET OF RIGHT-OF-WAY ALONG WHITE ROAD AND CONTIGUOUS TO THE NORTHERN BOUNDARY
OF THE PROPERTY. THIS RIGHT-OF-WAY DEDICATION WILL BE BY DEED IN ACCORDANCE WITH THE TERMS OF THE DEVELOPMENT AGREEMENT. THE OWNER OF THE ADJACENT
RETENTION POND SHALL MAINTAIN THE RIGHT-OF-WAY PRIOR TO DEVELOPMENT. NO PERSON OR ENTITY SHALL BE ENTITLED TO ANY IMPACT FEE CREDITS OR OTHER
COMPENSATION FOR OR ON ACCOUNT OF THE CONVEYANCE.
WAIVERS FROM LDC
No. CODE SECTION CIFAIION CODE STANDARD PROPOSED STANDARD JUSTIFICATION FOR WAIVER
1 SEC. 6-3, K. 800 FT. MAX. CUL-DE-SAC LENGTH 1400 FT. MAX. CUL-DE-SAC LENGTH UNIQUE SHAPE OF THE SITE
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