HomeMy WebLinkAboutVI(A2) Approval Of Interlocal Agreement With Orange County School Board For Sale Of A Portion Of Coca Cola Property Agenda 6-06-2000
Item VIA2
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0524
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: May 30, 2000
RE: Interlocal Agreement Regarding Coca-Cola Property with
the School Board of Orange County; Sale of Portion of Coca-Cola
Property to School Board
QUESTION:
Should the Honorable Mayor and City Commissioners approve, following a public
hearing, a proposed Interlocal Agreement Regarding Coca-Cola Property between the City of
Ocoee and The School Board of Orange County which provides, in part, for the sale of a
portion of such property to the School Board?
DISCUSSION:
Under the previous Agenda Item, the City Commission has considered at a public
hearing the proposed purchase of approximately 318 acres along Lake Apopka currently owned
by The Coca-Cola Company (the "Coke Property"). The primary motivation of the City in
pursuing the acquisition of the Coke Property is to facilitate and encourage the location of a
high school on the property and an elementary school on the property or in the vicinity thereof.
To this end, the City staff, in cooperation with Mayor Vandergrift, have negotiated a proposed
Interlocal Agreement with the School Board to acquire 115 acres of the Coke Property. The
proposed sales price is based upon the average of two (2) appraisals jointly obtained by the
City and the School Board.
This matter is being considered at an advertised public hearing due to the requirements
of Section C-8(B)(2) of the Ocoee City Charter which requires that any proposal for the
disposition of real property owned by the City which has a fair market value in excess of
$100,000 must be acted upon by the City Commission following a public hearing preceded by
at least seven (7) days advertised notice thereof.
Ok
006.182819.1
Highlights of the proposed Interlocal Agreement are as follows:
(1) The School Board will contribute $1,816,206.50 towards the acquisition of the
Coke Property. In consideration thereof, the City will convey to the School
Board 115 acres to be identified in a Master Plan to be prepared following the
closing. The per acre price being paid by the School Board is based upon the
average per acre usable land price set forth in two (2) appraisals jointly obtained
by the City and School Board. A copy of those appraisals are available for
review in the City Clerk's office and will be available at the public hearing.
(2) The purchase contract for the Coke Property provides for a 120 day Due
Diligence Period during which both the City and School Board may conduct
further investigations of the Coke Property in order to determine the suitability
thereof for their respective uses. It is estimated that the Due Diligence
Investigation will cost $100,000. The Interlocal Agreement provides that the
School Board will pay one-half of the cost thereof up to a maximum of$50,000.
At a subsequent meeting, the Planning Department will bring to the City
Commission a proposed budget and funding request for the Due Diligence
Investigation. The City may piggyback on School Board contracts in connection
with the due diligence efforts.
(3) During the course of the Due Diligence Investigation, Ocoee and the School
Board have the absolute right to terminate the Interlocal Agreement. If the
School Board terminates, Ocoee has the option to continue with the purchase of
the Coke Property at its sole cost and expense.
(4) Following the acquisition of the Coke Property, it will be necessary for the City
to prepare a master development plan. The School Board will be responsible to
reimburse Ocoee for one-half of the cost thereof. The master plan will identify
the specific lands to be conveyed to the School Board, the lands to be retained
by Ocoee and the proposed land uses for the Ocoee Land. The Interlocal
Agreement expressly recognizes the right of Ocoee to sell its lands to third
parties for development purposes and it is anticipated that the master plan will
identify lands available for resale.
(5) It will be necessary for the City to obtain certain development approvals with
respect to the Coke Property, including annexation into the City, amendments to
the Ocoee Comprehensive Plan, amendments to the Joint Planning Area
Agreement and the establishment of initial zoning. The Interlocal Agreement
acknowledges that these actions are necessary and provides that the School
Board will support these efforts. The foregoing development approvals will be
obtained by Ocoee at its expense. During the Due Diligence Investigation the
City will need to obtain confirmation from Orange County that the County will
support an amendment to the Joint Planning Area Agreement to allow the land
006.182819.1 -2
uses required by the City in order for the acquisition to be financially feasible,
particularly those land uses on parcels which will be available for resale.
(6) The School Board is participating in the transaction for the purpose of obtaining
a 60 acre high school site, a 40 acre transportation and work force education
facility site and a 15 acre elementary school site. The Interlocal Agreement
contemplates that the school sites will have an underlying low density residential
comprehensive plan designation and zoning. While the School Board has
indicated its present intent to retain ownership of the high school site, it is not
legally precluded from later deciding to sell the site for residential development
or from seeking a comprehensive plan amendment for a more intense
development. Additionally, the elementary school site may be sold or swapped
by the School Board to facilitate the location at an alternate site.in the vicinity of
the Coke Property.
(7) The School Board is prohibited from developing their portion of the Coke
Property for five (5) years. This is to provide sufficient time to address
development and infrastructure matters needed to support the School Board
uses.
(8) During the course of the Due Diligence Investigation, there are numerous
financial issues which will need to be discussed between the City and the School
Board, including the allocation of development costs. The Interlocal Agreement
contemplates the likelihood of a subsequent amendment prior to the expiration
of the Inspection Period.
Following City Commission approval of the proposed Interlocal Agreement, it will be
presented to the Orange County School Board for consideration at its June 13 meeting. The
City will not enter into the Purchase Agreement with Coca-Cola until such time as the School
Board approves and executes the Interlocal Agreement.
This memorandum is being provided to you at the request of the City Manager who
recommends its approval.
RECOMMENDATION:
It respectfully is recommended that the Honorable Mayor and City Commissioners
approved the proposed Interlocal Agreement Regarding Coca-Cola Property between the City
of Ocoee and the School Board of Orange County, Florida and authorize execution thereof by
the Mayor and City Clerk and'further authorize and direct that the City staff take all steps
necessary to implement the Interlocal Agreement.
PER/jh
cc: Jon Martin, Orange County School Board
Marcos Marchena, Esq.
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•
INTERLOCAL AGREEMENT REGARDING COCA-COLA PROPERTY
• THIS INTERLOCAL AGREEMENT REGARDING COCA-COLA PROPERTY
(this "Agreement") is made and entered into as of the day of June, 2000, by and between
the CITY OF OCOEE, a municipal corporation existing under the laws of the State of Florida
("Ocoee") and THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a public
body corporate organized and existing under the laws of the State of Florida ("School Board").
WITNESSETH•
WHEREAS, Ocoee and School Board have been working cooperatively to identify a
site in West Orange County which is suitable for the location by School Board of a future high
school, elementary school and transportation and work force education facility (collectively,
the "Intended School Board Uses"); and
WHEREAS, School Board needs approximately 60 acres for a high school site, 15 •
acres for an elementary school site and 40 acres for a transportation and work force education •
facility (for a total of approximately 115 gross acres of land inclusive of land needed for
stormwater retention) for the Intended School Board Uses; and
WHEREAS, Ocoee and School Board have jointly identified a parcel of land located in
West Orange County which land is owned by The Coca-Cola Company (the "Owner") and is
depicted on the sketch attached hereto as Exhibit "A" and by this reference made a part hereof
(the "Property"); and
WHEREAS; the gross acreage and useable acreage of the Property will be determined
by a survey to be obtained by Ocoee pursuant to this Agreement; and
WHEREAS, on a cooperative basis, the City and School Board have obtained
appraisals prepared by Clayton,.Roper & Marshall ("Appraisal No. 1") and DeRango, Best &
Associates ("Appraisal No. 2") with valuation dates of February 10, 2000 (collectively, the
"Appraisals"); and
WHEREAS, the appraisals are based on the Property containing approximately 232
gross acres of land considered to be useable and approximately 86 gross acres of land likely to
be classified as jurisdictional wetlands (for a total of approximately 318 gross acres); and
WHEREAS, Appraisal No. 1 indicated a market value of $3,700,000 and Appraisal
No. 2 indicated a market value of$3,800,000; and •
WHEREAS, the average of the market values in. the Appraisals is $3,750,000 (the
"Average Appraised Value") and the average per acre value of the useable land is $15,793.00
per acre; and
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•
WHEREAS, Ocoee has negotiated a purchase and sale agreement with the Owner (the
"Purchase Contract") wherein the Owner has agreed (i) to sell the Property to Ocoee for
$3,750,000, and (ii) to allow Ocoee a period of 120-days within which the City and School
Board may inspect the Property and investigate the feasibility of acquiring the Property for
their respective intended uses (the "Inspection Period"); and
WHEREAS, in order to facilitate the future location of a high school on the Property,
Ocoee has agreed, subject to the terms, conditions and limitations set forth in this Agreement,
to enter into the Purchase Contract and to incur certain unreimburseable expenses associated
with the due diligence investigation into the feasibility of acquiring the Property ; and
WHEREAS, subject to the terms, conditions and limitations set forth in this
Agreement, School Board has agreed to financially participate in the purchase of the Property
by Ocoee, and to incur certain unreimburseable expenses associated with the due diligence
investigation into the feasibility of acquiring the Property, all in anticipation of and in
consideration for the agreement of Ocoee to convey to School Board 115 acres of the Property
for the Intended School Board Uses; and •
WHEREAS, Ocoee and School Board desire to enter into this Agreement for the
purpose of memorializing certain agreements between them with respect to the Property.
NOW THEREFORE, in consideration of the premises set forth herein below, and
mutual covenants between the parties, the parties agree as follows:
1: Recitals. The Recitals set forth above are true and correct and are incorporated
herein and made a part of this Agreement.
2. Contract to Purchase. Ocoee agrees to enter into the Purchase Contract at a
Purchase Price of$3,750,000.00. While a copy of the proposed Purchase Contract has been
provided to School Board for review and comment, Ocoee and School Board agree that: (i)
Ocoee is the sole contracting party, (ii) Ocoee shall be the lead entity in negotiating the
Purchase Contract, and (iii) the Purchase Contract shall be on such terms and conditions as
may be determined by Ocoee in cooperation with School Board; provided, however, that it is
agreed that the Purchase Contract will provide for the Inspection Period during which Ocoee
may terminate the Purchase Contract.
3. Due Diligence Investigation.
(A) During the Inspection Period, Ocoee will conduct, in cooperation with
School Board, a due diligence investigation of the Property and the feasibility of developing
and utilizing the Property for the Intended School Board Uses and for such other uses as Ocoee
may deem appropriate (the "Due Diligence Investigation"). School Board acknowledges that
Ocoee may elect to sell a portion of the Ocoee Land (as hereinafter defined) to third parties for
development purposes, including but not limited to residential, retail, commercial, office,
industrial, institutional, park and/or recreational uses, and that the Due Diligence Investigation
will include an examination of the feasibility of developing and reselling a portion of the Ocoee
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Land for such purposes. The Due Diligence Investigation may include, but is not limited to the
following: (1) survey; (2) environmental assessment; (3) soil studies; (4) wetlands analysis; (5)
stormwater analysis; (6) preliminary master planning; (7) analysis of development costs; (8)
marketing studies impacting development of the Ocoee Land; and (9) transportation impact
analysis. Ocoee will also include as part of the Due Diligence Investigation any specific tasks
and undertakings reasonably requested by School Board.
•
(B) Ocoee will prepare and present to School Board a proposed budget for
the Due Diligence Investigation (the "Investigation Budget"). School Board acknowledges that
the Purchase Contract requires that Ocoee obtain a survey".of the Property at no cost to the
Owner (the "Survey") and that it will be necessary to order the Survey promptly following
execution of the Purchase Contract. The Investigation Budget'will be subject to the review and
approval of School Board, which approval will not unreasonably be withheld. During the
course of the Due Diligence Investigation, Ocoee may from time-to-time request that School
Board approve modifications to the Investigation Budget.
(C) School Board agrees to reimburse Ocoee for one-half (1/2) of the costs
of conducting the Due Diligence Investigation up to a maximum reimbursement of$50,000.00;
provided, however, that School Board shall not be required to reimburse Ocoee for any
expenditures not included in the Investigation Budget. It is the intention of the parties that the
cost of the Due Diligence Investigation not exceed $100,000.00. Nothing contained herein
shall be construed to obligate Ocoee to spend any monies on the Due Diligence Investigation or
to impose a maximum on the amount which may be spent by Ocoee.
(D) School Board agrees, at School Board's expense, to conduct such
internal studies and investigations of the Property as School Board may deem necessary to
determine the feasibility of utilizing the Property for the Intended School Board Uses.
•
(E) School Board will receive a copy of all reports obtained by Ocoee during
the course of the Due Diligence Investigation. Any such reports will be addressed jointly to
Ocoee and School Board so that both entities will be entitled to rely on such reports.
(F) It is agreed that, to the extent permitted by School Board policies, Ocoee
may, at its option, elect to piggyback on and utilize existing School Board contracts in order to
conduct the Due Diligence Investigation; provided, however, that Ocoee shall directly contract
with any such School Board vendors.
(G) During the Due Diligence Investigation, the City and School Board will
mutually agree on a preliminary master plan which conceptually locates the School Board Land
(as hereinafter defined) and the Ocoee Land(as hereinafter defined).
4. Termination Rights.
(A) Ocoee, at is sole option, may elect at any time prior to Closing to
terminate the Purchase Contract.
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(B) School Board, at its sole option, may elect at any time prior to a date
which is ten (10) days prior to the expiration of the Inspection Period (or 110-days from the
Effective Date of the Purchase Contract) to terminate this Agreement.
(C) In the event Ocoee terminates the Purchase Contract or School Board
terminates this Agreement pursuant to the provisions of this Section it is agreed that this
Agreement shall thereafter be null and void and of no further force and effect; provided
however, that School Board shall remain obligated to reimburse Ocoee for School Board's
share of the costs of the Due Diligence Investigation incurred or committed to be incurred by
Ocoee through the day after the date of notice of termination by School Board.
(D) In the event School Board terminates this Agreement pursuant to the
provisions of this Section, it is agreed that Ocoee, at its sole option, may elect to purchase the
Property pursuant to the Purchase Contract, free and clear of any claim or interest in the
Property by School Board.
5. Allocation of Acquisition Costs.. School Board agrees to pay to Ocoee at the
closing of the Property the sum of ONE MILLION EIGHT HUNDRED SIXTEEN THOUSAND Two •
HUNDRED Six AND 50/100 DOLLARS ($1,816,206.50) (representing a price of S15,793.00 per
gross acre of land for 115 gross acres of land) plus fifty percent (50%.) of the closing costs
which are paid by Ocoee in connection with the acquisition of the Property, subject to the
following conditions: (i) that Ocoee certify to School Board that the Property meets all
appraisal, survey, title and environmental requirements of Ocoee. Ocoee will pay the balance
of the purchase price for the Property and the balance of the closing costs due in connection
with the acquisition of the Property; provided, however, that Ocoee, at its sole option, may
seek grants and/or enter into agreements with third parties to pay all or any portion of the
balance of the purchase price which would otherwise be paid by Ocoee to Owner.
6. Master Plan; Transfer of Land to School Board.
(A) Within ninety (90) days from the date Ocoee closes on the purchase of
the Property, Ocoee and School Board will mutually agree upon the scope of services for the
preparation of'a master development plan for the Property (the "Master Plan") and the budget
for the preparation thereof. Thereafter, Ocoee will contract for the preparation of the Master
Plan; provided, however, that said Contract shall be subject to the approval of School Board
and shall be within the agreed upon budget. School Board agrees to reimburse Ocoee for one-
half (1/2) of the cost of preparation of the Master Plan. It is agreed that Ocoee and School
Board may pursue, at their respective sole cost and expense, additional planning services not
included within the agreed upon scope of services for the Master Plan.
(B) The Master Plan will identify the portions of the Property which will be
retained by Ocoee (the "Ocoee Land") and the portions of the Property which will be conveyed
by Ocoee to School Board (the "School Board Land"). It is agreed that the School Board Land
will consist of 115 gross acres of land Iocated within the portion of the Property identified as
"NW Parcel 1" and "NW Parcel 2" on the sketch attached as Exhibit "A" hereto; provided,
however, if the City and School Board mutually agree to develop the Property with a master
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•
stormwater system, then this acreage may be reduced (but not the purchase price to be paid by
School Board pursuant to Paragraph 5 above) to the extent School Board requirements to use
land for stormwater ponds is reduced based on any such master stormwater system for the
Property. The School Board Land will not include undevelopable jurisdictional wetlands
adjacent to Lake.Apopka unless specifically agreed to by School Board in its discretion. The
location of a 60-acre high school site (the "High School Site"), a 15-acre elementary school
site (the "Elementary School Site") and a 40-acre transportation and work force education
facility site (the "Transportation Site") will be specifically identified on the Master Plan. The
High School Site, the Elementary School Site and .the Transportation Site will together
constitute the School Board Land. After providing for the School Board Land and, if
applicable, the beneficial use of a master stormwater system, the balance of the Property shall
be identified as the Ocoee Land.
(C) Following completion of the Master Plan, Ocoee will obtain a survey of
the School Board Land and the Ocoee Land. The Survey will be certified to Ocoee and School
Board. School Board will reimburse Ocoee for one-half (1/2) of the cost of obtaining such
survey.
(D) Following completion of the Master Plan and the surveys referenced in
Section 6(C) above and acceptance of the Master Plan and said surveys by Ocoee and School
Board, Ocoee shall convey and transfer to School Board marketable fee simple title to the
School Board Land for no additional compensation. In connection with the conveyance of the
School Board Land to School Board, Ocoee will convey the School Board Land by special
warranty deed, free and clear of all liens and encumbrances and subject only to (i) this
Agreement, (ii) those matters set forth as exceptions in the title policy in favor of Ocoee
obtained at the time of acquisition of the Property by Ocoee, (iii) such matters as may be
• agreed to by School Board, and (iv) those easements and other matters as maybe called for in
the Master Plan. Ocoee and School Board will execute normal and customary closing
documents in connection with any such conveyance of the School Site. Ocoee shall provide
School Board with an owner's title insurance policy in favor of School Board insuring
marketable fee simple title in the School Board Land. AU closing costs, including the title
insurance policy, shall be borne equally by Ocoee and School Board.
7. Annexation and Zoning
(A) Ocoee, at Ocoee's expense, will petition to annex the Property into the
corporate limits of the City of Ocoee.
(B) Ocoee, at Ocoee's expense, will apply for an amendment to the Ocoee
Comprehensive Plan which establishes underlying land use designations for the Property. It is
agreed that (a) the High School Site and the Elementary School Site will be designated "low
density residential", (b) the Transportation Site will be designated with a land use designation
appropriate for use as a transportation and work force education facility, and (c) the Ocoee
T and will be designated with land use designations consistent with the Master Plan. Ocoee
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represents to School Board that a high school and elementary school are permitted on lands
with an underlying low density residential land use designation.
(C) Ocoee, at Ocoee's expense, will, if necessary, apply for an amendment
to the Orange County/Ocoee Joint Planning Area Agreement (the "JPA Agreement") to amend
the Joint Planning Area Future Land Use Map so that it is consistent with the Master PIan, or
otherwise permits the use of the Property for the purposes and uses set forth in this Agreement.
(D) Ocoee, at Ocoee's expense, will apply for the establishment of initial
zoning classifications for the Property which are consistent with the Master Plan. Ocoee may,
at its option, elect to seek PUI) zoning for the Property_
(E) During the course of the Due Diligence Investigation, the City and
School Board will on a cooperative basis jointly approach Orange County (the "County") in
order: (1) to seek support from the County for the purchase and development of the Property
as contemplated by this Agreement, (2) to obtain a commitment from the County to amend the
JPA Agreement to the extent needed to allow for the annexation of the Property into the City
and to allow for the land uses identified herein for the Ocoee Land and the School Board Land,
and (3) to contribute Iand owned by the County in the vicinity of the Property in order to
provide an additional access to the Property.
(F) School Board agrees to cooperate with Ocoee in connection with the
foregoing applications and, if necessary, join in such applications as a co-owner or co-
applicant; as the case may be.
(G) Nothing contained herein shall be construed to obligate the City of Ocoee
to approve .any of the foregoing applications, it being recognized by the parties that the
consideration of such applications are subject to public hearing requirements and all other
applicable procedures.
8. School Board Mission Statement for School Board Land.
(A) School Board is agreeing by this Agreement to acquire the High School
Site for the intended purpose of constructing a high school thereon; provided, however, that,
unless otherwise agreed to by the parties hereto, School Board will not commence construction
of a high school on such site prior to five (5) years from the date of this Agreement. While
School Board will reserve all of its legal rights as an owner of the High School Site, School
Board represents to Ocoee that it does not presently intend to resell the High School Site or use
it for any purpose other than as a high school along with uses reasonably related thereto.
School Board recognizes that Ocoee is entering into this Agreement and the Purchase Contract
for the primary purpose of facilitating the future location of a high school on the Property_
(B) School Board is agreeing by this Agreement to acquire the Elementary
School Site for the purpose of facilitating the location of an elementary school on the Property
or in the vicinity thereof. School Board may, at its option, elect to construct an elementary
school on the Elementary School Site or, alternatively to sell and/or swap the Elementary
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School Site in order to facilitate the acquisition of an alternate site in the vicinity of the
Property for the purposes of constructing an elementary school thereon. If School Board elects
to construct an elementary school on the Elementary School Site, it agrees that, unless
otherwise agreed to by the parties hereto, it will not commence construction of an elementary
school on such site prior to five (5) years from the date of this Agreement.
9. Authority. Each party represents and warrants to the other that it has all
necessary power and authority to enter into and consummate the terms and conditions of this
Agreement; that all acts, approvals, procedures and similar matters required in order to
• authorize this Agreement have been taken, obtained or followed as the case may be; and that
upon execution of.this Agreement by both parties, this Agreement shall be valid and binding
upon the parties hereto and their successors in interest.
10. Notice. All notices required or permitted to be given under this Agreement must
be in writing and must be delivered to School Board or Ocoee at its address set forth below (or
such other addresses may hereafter be designated by such party). Any such notice must be
personally delivered or sent by overnight courier or facsimile. Any such notice will be deemed
effective when received. The parties addresses for delivery of all such notice are as follows:
School Board: The School Board Of Orange County, Florida
445 West Amelia Street
Orlando, Florida 32801
• Attn: Superintendent
Fax: 407/317-3750
Copy to: Frank Kruppenbacher, Esquire
P. 0. Box 271
Orlando, Florida 32802
Fax: 407/317-3341
Ocoee: City of Ocoee, Florida
150 North Lakeshore Drive
Ocoee, Florida 34761
Attn: City Manager
•
Fax: 407/656-6885
Copy to: Paul E. Rosenthal, Esquire
• Foley &Lardner
111 N. Orange Avenue.
Suite 1800
Orlando, Florida 32801
•
Fax: 407/648-1743
11. Attorneys Fees. Except as expressly set forth herein, each party shall bear their
own costs and expenses, including attorneys' fees and costs, arising out of or associated with
•
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the negotiation of this Agreement and the Purchase Contract, the Due Diligence Investigation,
the closing of the purchase of the Property and the subsequent sale and development of the
Property or any portion thereof.
12. Amendment. •
(A) This Agreement may be amended only by a writing, signed by both
parties.
(B) It is anticipated that it will be necessary to amend this Agreement prior
to the expiration of the Inspection Period in order to address (1) issues which may arise during
the course of the Due Diligence Investigation, (2) participation by School Board in portion of
the development costs for the Property, and (3) adjustments to the allocation of the land
acquisition costs to be paid by School Board pursuant to Section 5,hereof based on a final
survey of the acreage within the Property. The foregoing shall not be construed to obligate
either party to enter into such an amendment.
. 13. Severability. If any provisions of this Agreement are held to be illegal or
invalid, the other provisions of this Agreement shall remain in full force and effect so long as
each party substantially gets the consideration contemplated hereunder.
14. Successors and Assigns. This Agreement and the terms and conditions hereof
shall be binding upon and inure to the benefit of School Board and Ocoee and their respective
successors in interest.
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
•
16. Memorandum of Agreement. School Board may require that a Memorandum
of this Agreement setting forth the interests of School Board in the Property be.recorded in the
Public Records of Orange County. Florida,
17. 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 and the consummation of the transactions
contemplated hereby.
18. Compliance with City Charter. This Agreement, the Purchase Contract, and
the sale of the School Board Land to School Board have been approved by Ocoee at advertised
public hearings held pursuant to Section C-8(B) of the Charter of the City of Ocoee.
19. Effective Date. This Agreement shall be effective upon the day it is executed by
the last party to sign.
•
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IN WITNESS WHEREOF the parties have executed this Agreement as of the day and
year first above written.
THE SCHOOL BOAR])OF ORANGE
COUNTY, FLORIDA, a body corporate
existing under the Constitution and laws of the
State of Florida
Attest: By: •
Printed Name: Printed Name:
As Its: Title:
Date:
•
STATE OF FLORIDA )
COUNTY OF ORANGE )
The foregoing instrument was acknowledge before me this _ day of ,
2000, by , and attested to by of
THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of Florida, who ❑ is personally known to me, or
who ❑ produced as identification.
Notary Public
My commission expires:
•
•
•
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CITY OF OCOEE, a municipal corporation
existing under the laws of the State of Florida
Attest: By:
Printed Name: „, S. SCOTT VANDERGRIFT,
As Its: Mayor
• Date:
•
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED TO FORM AND LEGALITY
THIS_DAY OF , 2000
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA )
COUNTY OF ORANGE )
The foregoing instrument was acknowledge before me this day of
2000, by S. SCOTT VANDERGRIFT and attested to by , who
are the Mayor and City Clerk, respectively, of the CITY OF
OCOEE, FLORIDA. They are personally known to me.
Notary Public
My commission expires:
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EXHIBIT "A"
to Interlocal Agreement
ACREAGE .
TOTAL AREA +394.0 •
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THE COCA—COLA COMPANY — FULLER'S CROSSING GROVE EXHIBIT 5
PREPARED BY CANIN ASSOCIATES, INC. POST CONDEMNATION CONDITION..
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Copy of Public Hearing Advertisement
Date Published
K-6 The Orlando Sentinel,Sunday,May 28,2000 OR1
Advertisement
NOTICE OF PUBLIC HEARINGS
CITY OF OCOEE
The City intends to purchase the following real property from
The Coca-Cola Company at a purchase price of$3,750,00.00:
DESCRIPTION: Approximately 318 gross acres of land adjacent
to and east of Lake Apopka in the vicinity of Fullers Cross Road
and Ocoee-Apopka Road. A copy of the proposed purchase
contract along with a sketch showing the location of the above
referenced property is available for public review at the Office
of the City Clerk. If the proposed purchase is approved, a
subsequent public hearing will be held to consider the
borrowing of monies needed to close on the purchase.
The City intends to sell approximately 115 gross acres of the
- above-referenced property to The School Board of Orange
County, Florida, at a sales price of$1,816,206.50 and in
connection therewith enter into an Interlocal Agreement with
the School Board. A copy of the proposed Interlocal Agreement
is available for public review at the Office of the City Clerk.
The Ocoee City Commission will consider the proposed
purchase from The Coca-Cola Company and the proposed
sale to the School Board at public hearings to be held on June
6, 2000 at 7:15 p.m. or as soon thereafter as practical.
Interested parties may appear at the meeting and be heard
with respect to the proposed actions. This Notice is given
pursuant to Section C-8(B) of the City of Ocoee Charter.
NOTICE: Any person who desires to appeal any decision made'
by Commission with respect to any matter considered at such
meeting will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and
evidence upon which the appeal is based. Persons with
disabilities needing assistance to participate in any of these
proceedings should contact the Office of the City Clerk,
150 N. Lakeshore Drive, Ocoee, FL 34761, (407) 905-3105,
48 hours in advance of the meeting.
Jean Grafton, City Clerk •
May 28, 2000 0