HomeMy WebLinkAboutVI (A1a) Second Reading of First Amendment to the Development Agreement (West Oaks Square) dated December 1, 1998 Agenda 01-02-2001
Item VI Ala
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377.0461
TO: The Honorable and City Commissioners of the City of Ocoee
FROM: Paul E. Rosenthal, Esq., City Attorney
DATE: December 27, 2000 YYY �C.i
RE: West Oaks Square: First Amendment to Development Agreement
ISSUE:
Should the City Commission approve the First Amendment to Development Agreement
(West Oaks Square) which amends that certain Development Agreement dated December 1,
1998?
DISCUSSION:
In connection with the original approval of the West Oaks Square PUD, the City and
Eleanor Miller Talton, individually and as successor trustee, entered into a certain
Development Agreement dated December I, 1998 (the "Development Agreement"). The
Development Agreement has as an attachment thereto the original Conditions of Approval and
requires development in accordance therewith.
West Oaks Square, Inc., the current owner of the West Oaks Square PUD, has applied
to the City for certain amendments to the West Oaks Square PUD which are being considered
under a separate agenda item (see Case No. LS-98-005A and Ordinance No. 2001-01). If the
City Commission approves the applicant's request to amend the West Oaks Square PUD, it
will then be necessary to amend the Development Agreement. Attached hereto is a proposed
First Amendment to the Development Agreement which has been prepared by legal counsel
for the applicant.
The City Attorney has reviewed the proposed First Amendment and has confirmed that
it is consistent with the requested Amendment to the PUD. In light of the DRC and Planning
and Zoning Commission recommendation of denial with respect to the proposed Amendment
to the West Oaks Square PUD Land Use Plan, neither the City Attorney nor the City staff
have attempted to negotiate the terms and conditions of the First Amendment. The City
Attorney review has been limited to a technical review and confirmation that the First /I''
006.204336.1 k -
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Amendment is consistent with the requested Amendment to the PUD. All of the comments
requested by the City Attorney in this regard have been incorporated into the attached draft
which is being signed by the applicant and its lender for delivery to the City Clerk prior to the
City Commission meeting.
Highlights of the First Amendment to the Development Agreement are as follows:
(1) The amended PUD Land Use Plan and amended Conditions of Approval, as
requested by the applicant, are substituted for the original approval.
(2) The applicant/Owner is relieved of all responsibilities to construct and/or fund
the sidewalk along State Road 50 as shown on the original approved Plans and
the revised Plans for West Oaks Square.
(3) The applicant/Owner has agreed to donate to FDOT or the City the right-of-way
necessary for the construction of the sidewalk as shown on the revised Plans.
The First Amendment reflects that FDOT has committed to construct the
sidewalk and anticipates construction to be completed by June 30, 2002.
As noted above, the proposed First Amendment includes the statement that FDOT has
"committed" to construct the Sidewalk. Please find enclosed a copy of correspondence dated
December 22, 2000 which I have received from Scott Glass in response to my request for a
copy of the written documentation with respect to the FDOT commitment. Mr. Glass has
requested a confirmation from FDOT. It would be my recommendation that any approval of
the First Amendment be made subject to the receipt from FDOT of the confirmation letter
requested by Mr. Glass with a cut-off date of March 7, 2001.
RECOMMENDATION:
In light of the recommendation for denial of the proposed Amendment to the PUD
Land Use Plan for the West Oaks Square PUD, it is the staff recommendation that the
requested First Amendment to the West Oaks Square PUD Development Agreement be
denied. However, if the City Commission adopts Ordinance No. 2001-01 as requested by the
applicant/Owner, then it would be the recommendation of the City Attorney that the City
Commission thereafter approve the proposed First Amendment to the Development Agreement
(West Oaks Square) subject to the receipt by March 7, 2001 of a letter from the Florida
Department of Transportation confirming the FDOT commitment to construct the sidewalk
along State Road 50 (subject to funding availability), such confirmation letter to be acceptable
to the City Manager and City Attorney.
PER/jh
Attachment(s)
cc: Scott A. Glass, Esq. (w/encl.)
006.204336.1 -2-
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PREPARED BY: L
Martha H. Formella,Esq. L i
— Orange Co FL 1999-0065548
FOLEY&LARDNER . 021199 03:54:20p.
111 North Orange Avemm,Suite 1800 _ ' 'r� ��r��r E OR Bk 5681 Pg 4141
Post Office Box 2193 Rec 46.50
Orlando, FL 32=-2193 RECEIVED
(407)423-7656
RgrpRNTO: AUG 18 2000
Jean Grafton,City Clerk FOLEY & LARDNER
CITY OF OCOEE
150 N. J akeshore Drive For Recording Purposes Only
Ocoee, FL 34761
(407)656-2322
DEVELOPMENT AGREEMENT
(WEST OAKS SQUARE)
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and
entered into as of the in day of D E C E r sea , 1998 by and between ELEANOR
MILLER TALTON, individually and as successor trustee of a certain Land Trust Agreement
dated May 21, 1990, whose mailing address is 69 Interlachen Road, Orlando, Florida 32801
(hereinafter 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 tide 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 December 1, 1998, the
Ocoee City Commission approved Ordinance No. 98-31 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.
n06 119348.1 -1-
NOW, PHEREFORE, 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.
OR Bk 56E11 P5 4142
Section 2. Development of the Property. Orange co FL 1999-0065548
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for the West Oaks Square PUD prepared by Unroe
Engineering, date stamped as received by the City on October 30, 1998
(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 OrdinanrP No. 98-31 Owner has been granted waivers from the requirements of
the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached
hereto and by this reference made a part hereof.
Section 4. 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 (2)
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.
006.119348.1 -2
Section 5. 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 6. 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 7. Applicable Law. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida. OR Bk SSS1 Pg 4143
Orange Co FL 1999-0065543
Section 8. 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 9. 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 10. 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.
Section 11. 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 12. Attorneys' Fees. In the event that either party fords 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 13. 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 14. Captions. Captions of the Sections and Subsections of this
Agreement are for convenience and reference only, and the words contained therein shall in no
nng no]aq 1 -3_
way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning
of the provisions of this Agreement.
Section 15. 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 16. 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.
igned, sealed and delivered in the OWNER
p sence, f 100-4—
^�JZ/7Iit-2 , &€t*�,/ aewrj
t Narfte: G 8-0 ✓G r /4, 1/p SS Eleanor Miller Talton, individually and as
successor trustee of a certain Land Trust
Agreement dated May 21, 1990
d� G
: L ar Thomas
OR Bk 5681 Pg 4144
Orange Ca FL 1999-On6554a
006.119348.1
STATE OF FLORIDA OR Bk 56 e 1 Pg 4145
Orange Co FL 1999-0065548
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 Eleanor
Miller Talton, individually and as successor trustee of a certain Land Trust Agreement dated
May 21, 1990, 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
2nd day of February , 1999.
•
�`.,
EDEN A.DIAL
my Gowanamars tgnature of Notary
j .Ma. welt&eaer*EA
'FA Mid P n Win MOMS
Name of Notary (Typed. Printed or Stamped)
Commission Number(if not levee on seal):
My Commission Expire(if not legible on sae:
006.119348.1 5
CITY:
Signed, sealed and delivered in the CITY OF OCOEE, FLORIDA
presence of: -t7 //
�) S. S tt Vandergrift, Mayor t/
Print Name: f"ores A ,'I r2r ac-t
Attest:
- 1 ,i` can Grafton, C34 Clerk
Print Name: 4rMo cT./�oq (SEAL) (/
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this 9L ON DECEMBER 1, 1998 UNDER AGENDA
day of (fy ati y, , 1999. ITEM NO. VIA2.
FOLEEY/Y & LAR/DNERO
By: /r (Qit,/ 1&, 21. ?Oita/ _ OR Bk 36E41 Py 4146
4sSrskeli City Attorney Orange Co FL 1999-0065548
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
QrM day of Foil RLLNRY , 1999. rA,
ketilLadv
Signature of Notary
,i/ martin,Mn(Moen
#/CC#My Cnmrtltlm CC773231 M
No /Expires November 4.2002 I'IAR.tAN B. C7RFRN
Name of Notary (Typed, Printed or Stamped)
Commaia Number(if not kgibte on seal):
My Co=o Ewes(if not legible on stall:
nnR 119348 1 -6-
EXHIBIT " t„
The Property
Lead Description: (Parcel 4) per Official Record Book 4645. Page 0657
That port of tract 4, Orlonao Groves Association, Lake Latta Groves. according to
the. plat thereat!has meowed in Plat:Book er, page 52,:pub& records-of Orange -
County, 'Florida. *non .patticularly -cis aribed as follows:'. 1.;
From theisouthwest 'corner of said tract 4. run rout •89 -48'43'e et.250.1C6I
feet along the north line .of Citrus Oaks Phase One, as recorded. In Plat Book 14,
page 7, said public records; 'thence run north 00" 1854- east 260.00 fest, parallel
with the west line of the northeast 1\4 of section 28, township 22 south, .range
28 east, to the .point of beginning;.thence run north 89°48'43' west 179.16 feet
to the east line of a 30 foot right of way as described In •said plot of take Latta
Groves; thence from a tangent beating of north 04' 18'43' west. run northwesterly
along the arc of curves.concave westerly, having a radius of 96.15 feet and
central angle of. 76 32"S i fortdistance of 12821 feet thence continuing along
said right of way run north. 00b18'54' east 233.44 feet to a point on the.south
; •__righL.f,_aay line_cf Stine Rood 50; thence along said right of way line run south
891'35'(13, 1165:64 feet to the intersection of said right of way line with the
southerly proloan of the western boundary of Block ' , said plat of Orlando
Groves Association, Lake Latta Groves thence±`south A'2D°.24'53' Lurie"along.said
.8.9 southerly prolongation of Block Sc 179 feet more or less to~fFie centerline of
an unnamed creek; thence along sold centerline run the• following courses north• S
45'43' west 12020 feet north 88°56'51' west 130.64 feet; south 72°29'39' west
161.43 feet; south 71 09'57e west 101.04 feet; south 62'4815" west 125.45 feet
south-83 05'14' west 200.00 feet .thesce Oeaving sold centerline of the audio run
, *jab 00•°1r54' west 18.00 feet to.ttroAbeginning:- ,orrtaihing 4.47 acres or lea.-.
ncuding the east half •of the 30,�',,vacated Right—of—Way known as Michigan Street
OR Bk SSG Pg 4147
Orange Co FL 1999-0065548
EXHIBIT "I3"
(Page 1 of 2)
OR Bk SG 1 Pg 4146
Orange Co FL 1999-0065548
CONDITIONS OF APPROVAL
1. Permitted Lana Uses: All uses permitted by C-2 Zoning,
accept .the following;
Drive-in Restaurant Automotive Repair
Miniature Golf -Course Automotive Sales
Pawn Slop Automotive Sery i ce
Equipment Soles Commercial Convenience
Funeral Parlor Commercial Convenience
with gas sales
Movie Theater Gas Station
Restaurant Hotel/Motel
Nursing Home Hospital
Grocery Store/Supermarket Bar
2. The development stancaras Described in Article IV, V &VI
shall apply to all uses.
3. Requested Waiver: Parking stall depth of 18 feet with a Z
foot overhang into a landscaped area. Parking stall width of 9
feet.
Coda Req. Proposed
Parking Stall Depth 20' 18'
Justification: Increase open space
Front Building Setback 100' 141 '
Justification: Prevents fragmenting a small property
4. Water Service will be provided by Orange County.
Estimated Potable Flow: 2.570 gpd
Estimated Fire Flow: 1,660 gpm
5. Waste water disposal will be provided by the Cdy of Ocoee.
Estimated Flow 2464 gpd
6. Estimated traffic volume generated from the site is 1545 AOT
7. The property will be developed in one phase.
8. The City is subjected to the tonne. provisions and restrictions of
Florida Statutes Chapter 163 concerning moratoria on the issuance of
building psrtNts under certain circumstances. The Clty has no lawful
authority to esssrrpt any private entity, or itself, from the application of
suet- abate legislation and nothing heroin should. bsrcansidered an
esempticet= .
9i Poor to the approval of the Final Ste Plan for the project, orally
portion thereof, the Applicant/Owner will need to apply for and obtain a:
Anal Certificate of Concunency pursuant'to Article IX of the Ocoee Land
Development Code. Neither the review of the application/project by the
City nor the granting of any approvals In connection with. such review shall
be construed to .grant the Applicant/Owner any entitlement .to obtain a
Final Certificate of Concurrency with respect to all or any portion of the
project or to create any exception from the provisions of Article IX of
the Ocoee Land Development Code.
-6-
EXHIBIT"9"
•
(Page 1 of it
OR Bk S6A1 Pa 4149
Orange Co FL 1999-0065548
Site Statistics
Total Site Area 4.54 Ac ( 197,570 sf)
Developable, Area 2.31 Ac ( 100, 418 sf)
*Area Above 100-year Flood Line
New Gross Floor Area " - 20,600 sf
Floor to Site Area Ratios - 20.5%
Setbacks: N-73.9' W-74.0' E-94.0' S-113.4'
I and Ike
Existing - Vacant
Future - Commercial PUO (see Conditions of
Approval note 1 )
Existing� D - PS & A-2
Proposed - PU0
Adjacent - Commercial PUO. PS & Nan-developable
A-1
Porkinn Rsmuirr$
1 space per 200 sf Building - 103 spaces
Handicapped ( 101-150 range) - 5 spaces
Parkins, Prnv i cirri
Stonoard Spaces ( 9 'x18' ) - 98 Spaces
Handicapped Spaces ( 12'x20' ) - 5 Spaces
Total spaces provided - 103 Spaces
Ip•rvin ' Arer Et: Batt
Building Footprint 0 sf 18.271 sf
Parking and Access 0. ef 37.544 sf
Walks, Pods and Misc. 0 of 3,000 sf
Total impervious 0-ef 58.815 of
Pb. cant Impervious*- CCOLI 58.6%
PNreent Open Spaces 100S 47 .4X•
efosed.on Developable-Area
Interior Perkins landsereed Area
Required - 3.745 of
Provided - 6.400 of
Landscape Notes:
1 . There are no existing trees 8' or larger on
the developable site.
2. The developable site is LC - Lakeland Fine
Sand.
3. Provide a meandering berm between SR 50 and
the parking lot.
4. Roof mounted equipment shall be compietely
screened from view per LOC 6-10.
EXIIIBIT "C"
Requested Waivers
1. Parking stall depth of 18 feet with a 2 foot overhang into a landscaped area. Parking
stall width of 9 feet.
2. Maximum building setback of 141 feet instead of 100 feet.
3. One and a half bays of parking in front of the building Stead of one bay.
OR Bk S681 Pg 4150
Orange Co FL 1999-006554E
Recorded - Martha 0, Haynie
006.119348.1 -10-
OCT. -31' BOITLEI 14 43 SHUTS S. BNIfEN TEL.4074258316 P auh
Prepared By:
scot:A. Glass
Shuts&Bowen,LIP
20 N. Orange Ave.,Ste. 1000
Orlando,FL 32801
Return to:
leen Grafton,City Clerk
City of Ocoee
150 N.Lakeshore Drive
Ocoee,FL 34761
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(WEST OAKS SQUARE)
This First Amendment to Development Agreement("this Amendment")is made and
entered into this_day of ,200,by and between West Oaks Square,Inc.,
whose address is 9428 West Colonial Drive,Ocoee,FL 34761 (hereafter referred to as the
"Owner")and the City of Ocoee,a Florida municipal corporation whose mailing address is 150
North Lakeshore Drive,Ocoee, FL 34761,attention City Manager(hereafter referred to as the
"City").
WITNESSETH:
WHEREAS,the City entered into that certain Development Agreement dated December
1, 1998, by and between the City and Eleanor Miller Talton,individually and as successor trustee
of a certain Land Trust Agreement,which Development Agreement is recorded in OR Book
5681 at Page 4141,Public Records of Orange County,Florida(the"Agreement"); and,
WHEREAS,Owner is the successor in interest to Eleanor Miller Talton, individually
and as successor trustee,with regard to the ownership of the property legally described in
Exhibit"A" attached hereto and made a part hereof by this reference(the"Property"); and,
WHEREAS,the Property is subject to the terms and conditions of the Agreement and the
Owner and the City now desire to modify certain of those terms and conditions.
NOW THEREFORE.in consideration of the premises and other good and valuable
consideration exchanged between the parties hereto,the receipt and sufficiency of which being
hereby acknowledged,the Owner and City agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated by
reference.
OCT. -31' 001TEEI 14.44 SHUTS & EOfES TEL 4;L 4238316 P. 01
2. Section 2 A of the Agreement is hereby amended by deleting said paragraph in its
entirety and replacing it with the following language: The Owner hereby agrees to
develop the Property in accordance with that certain Amended PUD Land Use
Plan for the West Oaks Square PUD prepared by Unroe Engineering, data
stamped received by the City on 2000(hereafter referred to as
the"Land Use Plan"). The Land Use Plan is hereby incorporated herein by
reference as if fully set forth herein.
3. The Agreement is further amended by deleting therefrom in its entirety Exhibit
"B"attached thereto and replacing it with Exhibit"B"attached hereto,
"Conditions of Approval"which is incorporated herein by this reference.
4. The Agreement is further amended by adding a new paragraph to read as follows:
Section 17, Construction of Sidewalk. The Florida Department of
Transportation(the"FOOT')has committed to construct approximately 520
linear feet of sidewalk along a right of way to be donated by the Owner as
generally shown on the Land Use Plan(the"Sidewalk"). At the time of this
Amendment, the FDOT has indicated that it anticipates construction of the
sidewalk to be completed by June 30,2002. Owner hereby agrees that it will
donate the necessary right of way and shall take all reasonable steps requested by
either the FDOT or the City to expedite the construction of the Sidewalk.
provided,however,such reasonable steps steal be construed to include
actually constructing the Sidewalk or advancing-The funds for the construction of
the Sidewalk.
5. This Amendment shall be effective the day and year fast above written. All other
terms and conditions of the Agreement shall remain in full force and effect
6. This Amendment shall be recorded among the public records of Orange County,
Florida by the City,at the expense of the Owner.
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,scaled and delivered in the WEST OAKS SQUARE,INC.
presence of a Florida Corporation
Print name: By: Dean Sant,President
(Corporate Seal)
Print name:
OCT -31' OOITCEI 14.44 SHUTS & BORES TEL.1074258310 P. COS
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this_day of ,200_, before me, an
officer duly authorized in the State and County aforesaid to take acknowledgments,personally
appeared Dean Sant.President of West Oaks Square, Inc., a Florida Corporation,who is
personally known to me or who produced as identification, and that
he acknowledged executing the foregoing First Amendment to Development Agreement on
behalf of the corporation and that be was properly authorized to do so.
WITNESS my hand and official seal in the Counry and State aforesaid.
Notary Public
My commission expires:
Signed,sealed and delivered in the CITY:
presence of: CITY OF OCOEE,FLORIDA
By:
S.Scott Vandergrift,Mayor
Print Name:
Attest:
Jean Grafton,City Clerk
Print Name: (SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality tbts_ ON UNDER
day of 2000 AGENDA ITEM NO.
FOLEY&LARDNER
By:
City Attorney
OCT_ -31' OO (TUE) 14.44 SHUTTS & BO19EN TEL.407'4238316 F. U09
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 OFOCOEE,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 2000.
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if nor legible on seal):
My Commission Expires(if not legible on seal):
OCT. -31' 001TUE) 14-15 SHOTS & BOVIEN TEL-4074253316 P. 010
EXHIBIT "A"
(West Oaks Square Legal Description)
Legal Description: Parcel 4 per Official Record Book 4045, Page 0657
That part of Tract 4, Orlando Groves Association,Lake Lotta Groves, according to the plat
thereof as recorded in Plat Book"B",page 52,Public Records of Orange County,Florida,more
particularly described as follows:
From the southwest corner of said Tract 4, run south sr 48'43" east 260.00 feet along
the north line of Citrus Oaks Phase One, as recorded in Plat Book 14,Page 7, said Public
Records; thence run north 00° 18' 54" east 260.00 feel,parallel with the west line of the northeast
1/4 of section 28,township 22 south, range 28 east, to the POINT OF BEGINNING; thence run
north 89° 48'43"west 179.16 feet to the east line of a 30 foot right of way as described in said
plat of Lake Lotto Groves; thence from a tangent bearing of north 04°18'43"west,run
northwesterly along the arc of a curve,concave westerly,having a radius of 96.15 feet and
central angle of 76°23' 54" for a distance of 128.21 feet;thence continuing along said tight of
way run north 00° 18'54"east 233.44 feet to a point on the south right of way line of State Road
50;thence along said tight of way line run south 89" 35' 13"east 1065.64 feet to the intersection
of said right of way line with the southerly prolongation of the westerly boundary of Block"A",
said plat of Orlando Groves Association,Lake Lotta Groves;thence south 20° 24'53" west along
said southerly prolongation of Block"A" 179.89 feet more or less to the centerline of an
unnamed creek;thence along said centerline run the following courses;north 37° 45'43"west
120,30 feet; north 86° 56'51"west 130.64 feet; south 72° 29'39"west 161.43 feet; south 71°
09'57"west 101.04 feot;south 62° 48'55"west 126.45 feet; south 63° 05' 14"west 200.00 feet;
thence leaving said centerline of the creek; run south 00° 18'54" west 18.00 feet to the POINT
OP BEGINNING,containing 4.47 acres more or less
AND
Including the east half of the 30'vacated Right of Way known as Michigan Street.
(Note: This legal description also corrects two scrivener's errors contained in the legal
description attached to the original Development Agreement referenced in the recitals.)
00T. -51' 001TUE1 14.45 SHUTS k BONEN TEL-4074258316 P. 011
EXHIBIT"A"
(West Oaks Square Legal Description)
Legal Descripti 0; Parcel 4 per Official Record Book 4045, Page 0657
That part of Tract 4, Orlando Groves Association, Lake Latta Groves, according to the plat
thereof as recorded in Plat Book"E",page 52,Public Records of Orange County, Florida, more
particularly described as follows:
From the southwest corner of said Tract 4,run south 89° 48'43" east 260.00 feet along
the north line of Citrus Oaks Phase One, as recorded in Plat Book 14,Page 7,said Public
Records;thence run north 00° 18'54" east 260.00 feet,parallel with the west line of the northeast
1/4 of section 28,township 22 south,range 28 cast,to the POINT OF BEGINNING; thence run
north 89° 48'43"west 179.16 feet to the east line of a 30 foot right of way as described in said
plat of Lake Latta Groves;thence from a tangent bearing of north 04°18'43"west,run
northwesterly along the arc of a curve,concave westerly, having a radius of 96.15 foot and
central angle of 76° 23' 54" for a distance of 128.21 feet;thence continuing along said right of
way run north 00° 18'54" east 233.44 feet to a point on the south right of way line of State Road
50;thence along said right of way lino rut south 89° 35' 13" east 1065.64 feet to the intersection
of said right of way line with the southerly prolongation of the westerly boundary of Block"A",
said plat of Orlando Groves Association,Lake Lotta Groves;thence south 20° 24'53"west along
said southerly prolongation of Block"A" 179.89 feet more or less to the centerline of an
unnamed creek; thence along said centerline run the following courses;north 37°45'43"west
120.30 feet;north 86° 56'51"west 130.64 feet; south 72° 29'39"west 161.43 feet;south 71°
09'57"west 101.04 feet; south 62° 48'55"west 126.45 feet; south 63° 05' 14"west 200.00 feat;
thence leaving said centerline of the creek;run south 00° 18'54"west 18.00 feet to the POINT
OF BEGINNING,containing 4.47 acres more or less
AND
Including the east half of the 30'vacated Right of Way known as Michigan Street.
OALLOOG 10000102 axe
OCT. -31' 001TCEI 14:46 SHUTTS S BO11EN TEL: 4074258316 P. 012
CONDITIONS OF APPROVAL
1 . Permitted Land Uses; A11 uses permitted by C-2 Zoning, except
the following;
Drive-in Restaurant Automotive Repair
Miniature Golf course Automotive Sales
Pawn Shop Automotive Service
Equipment Sales Commercial Convenience
Funeral P r Commercial Convenience
with gas sales
Movie Theater Gee Station
Deleted aurant Hotel/Motel
Nursing Home Hospital
tor permarket Bar
2. The deve opment standards Described in Article IV, V &VI shall
apply to all uses.
3. Requested Waiver: Parking stall depth of 18 feet with a 2 foot
overhang into a landscaped area. Parking stall width of B feet.
Code Req. Proposed
Parking Stall Depth 20' 18'
Justification; Increase open space
Front Building Setback 100' 141 '
Justification: Prevents fragmenting a small property
4. Water Service will be provided by Orange County.
Estimated Potable Flow: 2,570 gpd
Estimated Fire Flow: 1 ,880 gpm
5. Waste water disposal will be provided by the City of Ocoee.
Estimated Flow 2,084 gpd
6. Estimated traffic volume generated from the sits is 1546 AD7
7. The property will be developed in one phase.
8. The City is subjected to the terms, provisions and
restrictions of Florida Statutes Chapter 103 concerning moratoria
on the issuance of building permits under certain circumstances.
The City has no lawful authority to exempt any private entity, or
itself, from the application of such state legislation and nothing
herein should be considered an exemption.
B. Prior to the approval of the Final Site Plan for the project, or
any portion thereof, the Applicant/Owner will need to apply for and
obtain a Final Certificate of Concurrency pursuant to Article Ix of
the Ocoee Land Development Code. Neither the review of the
application/project by the City nor the granting of any approvals in
connection with such review shall be construed to grant the
Applicant/Owner any entitlement to obtain a Final certificate of
Concurrency with respect to all or any portion of the project or to
create any exception from the provisions of Article Ix of the Ocoee
Land Development Code.
EXHIBIT B
OCT. -31 00(TUEI 14.46 SHUTTS ° BOWEN TEL:40742583I6 P. 013
JOINDER AND CONSENT TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(WEST OAKS SQUARE)
The undersigned hereby certifies that it is the holder of an indenture of mortgage.dated the
_day of and recorded in O.R. Book . Page Public
Records of Orange County,Florida,upon the property described in Exhibit"A"attached hereto and
incorporated herein by this reference and the undersigned for and in consideration of valuable
consideration hereby joins in and consents to the execution of the foregoing First Amendment to
Development Agreement(West Oaks Square) and agrees that the lien of its mortgage described
herein above shall be subordinated to the afore described First Amendment to Development
Agreement(West Oaks Square).
(Print name of Mortgage holder)
By:
Printed Name:
Title:
WITNESSES:
(I) (2)
Print Name: Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this_day of
2000,by(Name of Officer) who is the(Title)
of(Name) . He/she is personally known to me or
has produced as identification.
•
Notary Public
My Commission Expires:
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SHUTTS & BOWEN LLP ,../54
IA PALIORY tS AND COUNSELLORS
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100 SOI TH ORAS( AVb:,CCF K (Qs
SC.,,RD 1° DEC 2 1 2000
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A( 1w7)4.25-1331F FOLEY & LAIRG ER
December 22, 2000
Paul E. Rosenthal
Ocoee City Attorney
Foley & Lardner
P.O. Box 2193
Orlando, FL 32801
RE: West Oaks Square
Dear Paul:
As we discussed, I am enclosing the correspondence from Fred Ferrell of FDOT to Ellis
wherein Mr. Ferrell advises that FDOT is planning on constructing the sidewalk. This letter is
consistent with our earlier meeting with Mr. Ferrell. Recognizing,however,that the letter does not
state in so many words that the FDOT has committed to construct the sidewalk,I have written to Mr.
Ferrell and asked him to give us a specific confirmation letter. A copy of my letter to Mr. Ferrell
is enclosed for your file. I will,of course,provide you with a copy of Mr.Ferrell's response as soon
as I have received it.
I have also asked Dean to have the First Amendment to Development Agreement executed,
including execution by the mortgagee. and have it back to me before the January 2n° City
Commission meeting. I will get it to the Clerk's Office as soon as it is available.
If I have overlooked anything,please call me. Otherwise,have a pleasant holiday season and
I will talk to you before the Commission meeting.
Sincerely,
Scott
Amsnaua FORT IALDERDALE sonDHN MNMI ORLANDO TAWHASSEE WESTe„LMAF„lH
SHUTTS & BOWEN LLP
ACI ORNEY4 AND COUNSELLORS Al LAW
300101 T1 I]RANUE,AVE NUE
4111112 1000
0H124Nnn.Fl uF IDA 1PAa u173
TFI EPHONE 4071423 3200
EALSIMII E 140714.25-I1I16
December 22, 2000
Fred D. Ferrell, P.E.
District Traffic Operations Engineer
Florida Dept. of Transportation
712 South Woodland Ave. MS 3-562
DeLand, FL 32740
RE: Section 75050 - State Road 50, Orange County
Dear Mr. Ferrell:
As you may recall, I represent Mr. Ed Sant and Mr. Dean Sant with regard to their
development, West Oaks Square, located in Ocoee on S.R. 50. We will be going before the Ocoee
City Commission on January 2, 2001 seeking various amendments to our land use plan. One of the
items the City has asked us to provide them is written confirmation that FDOT will be constructing
a sidewalk along S.R. 50 provided that the Sants donate the needed right of way.
You have previously contacted the Ocoee City Manager, Ellis Shapiro, advising him of
FDOT's position in this project and seeking to have Ocoee participate financially in an effort to
expedite this project. I have enclosed a copy of your letter of September 18, 2000 to Mr. Shapiro for
your convenience. Unfortunately,Ocoee has advised us that they are not in a position to front end any
money at this time. Nonetheless, they would like to see the sidewalk constructed and would like a
confirmation that FDOT intends to construct this section of sidewalk.
I would appreciate it greatly if you could provide me with a short letter confirming that FDOT
intends to construct this sidewalk provided that the Sants donate the right of way. Any estimate you
might be able to provide as to when the project will commence, while we recognize is non-binding,
would also be helpful.
Thank you for your consideration of this matter.
Sincerely,
Scott A. Glass
Florida Department of Transportation
IfE BUSH
GOVERNOR r I AN F. BARRY.JR
712 South Woodland Avenue MS 3-562 seam ra n'
DeLand, Florida 32740
September I8, 2000
Mr Ellis Shapiro
City Manager - City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
RE: Section 75050 - State Road 50
Orange County
Dear Mr. Shapiro.
As you are aware, we are coordinating with Mr. Sant to install sidewalk along State Road 50 between
their development, West Oaks Square, and the signalized intersection for the West Oaks Mall. We
have estimated the construction cost for this project to be $75,000. We are requesting this work be
done through a WA between the Department and the City of Ocoee. This would expedite this
project, and can be handled in our next fiscal year budget.
If you have any questions, you may contact Ms. Tasha Huster at (904) 943-5325. We look forward
to working with you on this project.
Si Pei
,
`ei
Fred D. Ferrell P.B.
District Traffic
Operations Engineer
FDF/tnh/d
cc. Mr Ed Sam
Ms Lennon Moore
Mr Bruce Motycka
Mr. Dan McDermott
Ms Tasha Huster
CD