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Home My WebLink AboutVI (A2a) Second Amendment to Development Agreement Agenda 5-15-2001 Item VI A 2 a FOLEY & LARDNER ATIORNEYS AT CHICAGO POST OFFICELAW BOX 2 I93 SACRAMENTO DENVER ORLANDO FLORIDA 3 2 802-2 1 93 SAN DIEGO JACKSONVILLE 1 I I NORTH ORANGE AVENUE. SUrr£ 1800 SAN FRANCISCO LOS ANGELES ORLANDO. FLORIDA 3280I-2350 TALLAHASSEE MADISON TELEPHONE. 14071 923-7656 TAMPA MILWAUKEE FACSIMILE'. (907)646-1793 WASHINGFON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE (407)244-3248 EMAIL ADDRESS CLIENT/MATTER NUMBER Prosemhal®foleylaw.com 020377-046I MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney U `A__ DATE: May 8, 2001 RE: West Oaks Square: Second Amendment to Development Agreement Attached hereto is a proposed Second Amendment to Development Agreement between West Oaks Square, Inc. and the City of Ocoee. The Second Amendment substitutes the amended PUD land use plan to be adopted by Ordinance No. 2001-09 in lieu of the PUD land use plan previously approved by the City Commission. The specific changes to the PUD land use plan are set forth in the Planning Department Staff Report. IT RESPECTFULLY IS RECOMMENDED: That the Mayor and City Commissioners approve the Second Amendment to Development Agreement (West Oaks Square) and authorize execution thereof by the Mayor and City Clerk. Attachment 006.217821.1 �� Prepared By: Martha H.Formella,Esquire Foley& Lardncr Ill N. Orange Avenue, Suite 1800 Orlando, FL 32802 Return to: Jean Grafton,City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee,FL 34761 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (WEST OAKS SQUARE) This Second Amendment to Development Agreement("this Second Amendment") is made and entered into as of the day of , 2001,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 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 (the "Property"); and WHEREAS, the Property is subject to the terms and conditions of that certain Development Agreement dated December 1, 1998 as recorded in OR Book 5681, Page 4141, as amended by that certain First Amendment to Development Agreement dated January 2, 2001 as recorded in O.R. Book , Page , both of the Public Records of Orange County,Florida (collectively the"Development Agreement"); and WHEREAS, the Owner and the City now desire to modify certain of the terms and conditions of the Development Agreement. 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 1. The foregoing recitals are true and correct and are hereby incorporated by reference. 2. Section 2 A of the Development 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, date stamped received by the City on (hereafter referred to as the "Amended Land Use Plan"). The Amended Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. 3. This Second Amendment shall be effective the day and year first above written. All other terms and conditions of the Development Agreement shall remain in full force and effect. 4. This Second 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 on the dates set forth below. [Remainder of Page Intentionally Left Blank] 2 006.215006.1 Signed, sealed and delivered in the WEST OAKS SQUARE, INC. presence of a Florida Corporation By: Dean Sam, President Print name: Date Executed: Print name: (Corporate Seal) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day of , 2001, 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 Second Amendment to Development Agreement on behalf of the corporation and that he was properly authorized to do so. WITNESS my hand and official seal in the County and State aforesaid. 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): 3 006.215006.1 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: Date Executed: (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 ON UNDER day of ,2001 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 foregoing instrument 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 , 2001. 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): 4 006.215006.1 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 "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 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 Lotta 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°32'53" for distance of 128.21 feet; thence continuing along said right of way run north 00°18'54" east 233.48 feet to a point on the south right of way line of State Road 50; thence along said right of way line run south 89°32'56" east 1065.35 feet to the intersection of said right of way line with the southerly prolongation of the western 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 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 feet; thence leaving said centerline of the creek; run south 00°18'54" west 18.00 feet to the beginning, containing 4.47 acres or less. AND Including the east half of the 30' vacated Right-of-Way known as Michigan Street. NOTE: This is a corrective legal description which corrects certain scriveners errors contained in (1) City of Ocoee Ordinance No. 98-31, and (2) that certain Development Agreement dated December 1, 1998, as recorded in Official Record Book 5681, Page 4141, Public Records of Orange County, Florida, as amended. JOINDER AND CONSENT TO SECOND 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 above described property and the undersigned for and in consideration of valuable consideration hereby joins in and consents to the execution of the foregoing Second Amendment to Development Agreement (West Oaks Square) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Second Amendment to Development Agreement (West Oaks Square). By: Printed Name: Title: WITNESSES: (1) (2) Print Name: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2001, by as of a . He/she is personally known to me or has produced as identification. 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): 6 006.215006.1