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Home My WebLink AboutVI (E) Discussion re: La-Z-Boy Request for Approval of Agreement of Modification of Wal-Mart Master Signage Plan Agenda 9-17-2002 e Center of Goody fp- Item VI E Mayor 5S'9 $g. Commissioners S. Scott Vandcrgrift iP Danny Howell, District 1 Scott Anderson, District 2 City iManaeer ( �� Rusty Johnson, District 3 Jim Gleason ) \` r" l 1 Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP Senior Planner , 2f THROUGH: Russ Wagner, AICP Director of Planning ] DATE: September 6, 2002 RE: Modification to Wal-Mart Master Signage Plan and Signage Waiver Request for LA-Z-BOY Furniture Store ISSUE: Should the Mayor and City Commissioners approve a modification to the Wal-Mart Master Signage Plan and a signage waiver request for the LA-Z-BOY Furniture Store on Lot 4. (The Applicant's requests are stated in detail in the second paragraph of the attached letter from Dean Cannon to Russ Wagner, dated August 28, 2002.) BACKGROUND: The subject property is located in the Wal-Mart commercial subdivision, on the south side of State Road 50 approximately 190 feet west of the intersection of State Road 50 and Blackwood Avenue. The subject property consists of 1.94 acres and is situated between a retention pond on the east side and a driveway entrance on the west side. - The original approval of the Wal-Mart Supercenter provided for various development restrictions that were called out in the subject documents. These restrictions include specific provisions related to signage (100 sq. ft. maximum on out parcels) and were part of a comprehensive, negotiated package wherein Wal-Mart was granted various waivers within their project. On June 18, 2002 the City Commission considered a waiver request to allow an additional 75 square foot sign on the east side of the LA-Z-BOY Furniture Store (Lot 4) facing Blackwood Avenue. The City Commission voted 4-1 to deny that request. On July 16, 2002 the City Commission considered a request to modify the Wal-Mart Master Signage Plan so that Lot 3 would not be limited to a maximum of 100 square feet of signage, but rather total signage on that lot only would be controlled by the Land Development Code. The City Commission voted 5-0 to approve that request. City of Ocoee• 150 N Lakeshore Drive •Ocoee,Florida 34761 phone: (407)905-3100• fax:(407)656-8504 •www.ci.ocoee.fl.us City Commission Meeting September 17, 2002 Page 2 APPLICABLE CITY LAND DEVELOPMENT REGULATIONS: The Applicant is requesting a modification to the Wal-Mart Master Signage Plan, adopted with the approval of the Wal-Mart Preliminary/Final Subdivision Plan, so that total signage on Lot 4 would also be controlled by the Land Development Code. Article VI, Section 6-14 C.5.d.0i) of the Land Development Code allows up to 75 square feet of signage on the secondary street frontage facade of a building (up to 25,000 square feet in size) located on a corner lot. However, Lot 4 does not qualify as a corner lot according to the Code definition of a corner lot. Therefore, by requesting an additional 75 square foot sign on the east side of the building, the Applicant is also requesting a waiver from this Code provision. As indicated above, the City Commission denied this same waiver request for this site on June 18, 2002. DISCUSSION: The Applicant has proposed an "Agreement for Modification of Wal-Mart Master Signage Plan" (see attachment with Dean Cannon's letter) which includes the exemption of Lot 4 from the 100 square-foot signage limitation and notes that the other parts of the Wal-Mart Master Signage Plan are unaffected by the Agreement. If the signage on Lot 4 is controlled by the Land Development Code rather than the Wal-Mart Master Signage Plan, Lot 4 could theoretically have signage totaling 155 square feet versus the 100 square feet currently permitted on all other out parcels, except Lot 3. This limit is based upon a 21,280 square foot building with 190 feet of frontage. The building would be permitted to have: 1) a 36 sq. ft. freestanding sign on SR 50; 2) up to 75 square feet of wall signage on the front of the furniture store portion of the building facing SR 50; 3) wall signage for a second tenant space at one square foot per linear foot of unit frontage up to a maximum of 36 square feet. The building plans recently submitted show a second tenant space with 20 linear feet of frontage. Therefore, a 20 square foot wall sign would be allowed for that unit; and 4) an additional 24 square foot sign allowed on the side or rear of the building that faces an entry driveway and public parking area. Plus, in addition to this signage that would be permitted by the Code, the Applicant is requesting that an additional 75 square foot sign be allowed onthe east side of the building, thus constituting a waiver request. Regarding the proposed modification to the Wal-Mart Master Signage Plan, the Planning Staff is concerned about the inclusion of the phrase"or waivers granted therefrom by the City Commission"found in the 6'" 'WHEREAS' statement of the Agreement. A similar phrase that reads "or in accordance with the terms of any waiver previously or hereafter granted by the City Commission related thereto"is found in the proposed amendment text of Section 2 in the Agreement. This proposed language invites waiver requests related to signage going beyond the limitations of the Wal-Mart Master Signage Plan and the normal Code requirements. As always, Staff is cautious about supporting waivers or variances to the Land Development Code that over time tend to erode the purpose and effectiveness of such regulations. Even though the proposed modification to the Wal-Mart Master Signage Plan states that signage on Lot 4 will be controlled by the Code, it also allows for waiver requests related to signage. The Applicant is requesting approval of a 75 square foot sign on the east City Commission Meeting September 17,2002 Page 3 side of the building, which constitutes a waiver request. As indicated above, the City Commission has already voted 4-1 to deny this same waiver request. The Applicant, in requesting the waiver, has not offered any adjustments to the design of the subject property and has not demonstrated an offsetting public benefit to erecting an additional sign on the east side of the building. Other furniture stores along S.R. 50 fully comply with the City's signage requirements. Accordingly, this additional signage causes an unfair economic advantage in favor of LA-Z-BOY. The Code states that the Ocoee City Commission, at its sole discretion, may waive provisions within the Land Development Code for any project if it is: 1) part of an integrated and master planned development; 2) compatible with surrounding developments; 3) imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning district; and/or 4) provides an off-setting public benefit which is technically sound and measurable. STAFF RECOMMENDATION: The City Commission recently approved another modification to the Wal-Mart Master Signage Plan, allowing total signage on Lot 3 to be controlled by the Land Development Code. However, since the City Commission has already voted to deny the signage waiver request and Planning Staff finds no basis for granting the waiver request to allow an additional 75 square feet of signage on the east side of the building, Staff therefore does not recommend approval of the signage waiver request. Considering those actions, Staff respectfully recommends that the Mayor and City Commissioners approve the proposed "Agreement for Modification of Wal-Mart Master Signage Plan" (see attachment with Dean Cannon's letter), subject to the following conditions: a) Deleting the phrase "or waivers granted therefrom by the City Commission"found in the 6'11 'WHEREAS' statement of the Agreement; b) Deleting the phrase "or in accordance with the terms of any waiver previously or hereafter granted by the City Commission related thereto" is found in the proposed amendment text of Section 2 in the Agreement. ATTACHMENTS: Sheet C-1 —Site layout plan for LAY-Z-BOY furniture store Sheet A-1 —Building Elevations for LAY-Z-BOY furniture store Wal-Mart Final Subdivision Plan Approved Signage Plan Letter to Russ Wagner from R. Dean Cannon,Jr. dated August 28, 2002 Agreement for Modification of Wal-Mart Master Signage Han Owner's Affidavit Lot 3 Agreement -Modification of Wal-Mart Master Signage Plan O'.\DOdell'ALL_DATA\CAPDFILE\Staff Reports\SR2002\SR02046 CC.doc fit ] ��. v,w..., •w._� _ �lij_v .�da no......•�� a. c� 1 O -_ n ....... Q STATE ROAD SO (W COLONIA L1.,: r uup r m'� h hull n ..� -C Z r� j a - - EC �9 �I I_k J 1 = k 11 I 7 j . �, b - ,.,. n . ��- _ �� a m �� I ��" " A� PROP FURNITURE STORE �' p• s n.0. - I Qit , b .... ....•.> d I 1. c ..mvu r. 3 d ., th 1 1 , 3 r L � 1i , I i , 1I rhti td� �.-. —�, : ......M ...»u,..z.......,.. ._ -"---- , .. mod..,. .v 'Er :'Y}9SYY:2En I- - .wmea... .. ,o-_... : .._r._,..m..... �' $ } ,t I 11 _ T I3a �I�I�I ° i Ic fl 4 II l I� F ID 1� 1 I:ir I '! I 1m I� &y hI 1I �A r 1:� II 3.a c I �I III I I n 1 p� s 1 rI o _/ I Ih1 _ C. 11 1� 1 1�'' 11 Nb I"' Imo! „ Ir 'I� 1I III I / '�,9 ii J M I ' I l� 1 EH Iq I 111 LI. ; , LL -..,„ l �., �I li , 1 ,. i „ g.y IOW I I=I , -3 I �G� .i I=f 61 i ImoI °I 1 s ' III 1 LI I 1 II 1 1' I• II n , 1 o I t ;II. ea � � vn. Zw NIT W TYS C I. n I- a LA —BOY FURNITURE AT OOEE 4 I I II �o°a- WAL*MART c0 SUPERIFENTER 1 I r � i'avr'i-HTI I _ r -tor o► r I -0" I n -o 200 S F o n3 yi 15"0 G F secondary) 4 -0" WAL-MART MONUMENT SIGNAGE . .. �56APrs6E �:.,:6EP - - 6 EFS PLASTERS FL. . '-(AS-,-=SIGN-C=E LANDSCAPED CART CORRAL PAINTED SOMBRERO 5IV=2ir • C 6IDNUM NT SGN SaS_TO CCNSIS or.1-PI IT=-CE C iU PAINTE o'CAN SER RA S.c=a-3 TIREd LUBE f—�< - s 1-----'‘�.o�L EXPI g I[E —6 SIG ' AGE EMPY _—LL _ 1 3 J- Y S IE ,S' - _ 2-36S.F TLE MONUMENT SIGN STANDARD MONUMENT SIGNAGE FOR _ _ OUTPARCEL DEVELOPMENT o 1 4 8 12 me SF r0TLSIGN>Ge F 0i E>c- :, -RaRCE_ WAL*MART Supercenteracice Ocoee, FL . p �R-d� CILd r. II,utnl:, n nawA,FIA vn SPITE Lro JJI EAST O BOX lUc; O f.I.AN DU- rLORI0.A I'n[i i.v . � »o:-aaJ-seAc GRAYHARRIS �. SA ATI ' RN"S AT LAW ( 307)244-566 August 28, 2002 ,.,,,,, ,,,„„-„ Dannon@grayharns.corn VIA HAND DELIVERY Mr. Russ Wagner Director of Planning City of Ocoee 150 N. Lakeshore Drive Ocoee,FL 34761-2258 RE: La-Z-Boy Request for Modification of Signage Restrictions Dear Russ: This letter follows my various conversations with you, Jim Gleason, and Robbie Lewis regarding the above-referenced request on behalf of our client, La-Z-Boy. Three weeks ago (on August 6, 2002) I submitted a $1,000 review deposit fee and a proposed "Agreement for Modification of Wal-Master Signage Plan" which we previously discussed with you and others at the City. I am now submitting with this letter a fully executed copy of the "Agreement for Modification of Wal-Mart Master Signage Plan" which has been signed by J. Scott Greear, Director of Building Development for Wal-Mart. I am also submitting a fully executed Owner's Affidavit, also signed by Mr. Greear on behalf of Wal-Mart. Although I have not received any written comments from the staff on the request, Robbie Lewis verbally advised me that the staff was concerned about the inclusion of the phrase "and such waivers granted therefrom" in our request regarding the signage restrictions. This language is copied from a similar agreement (one of the several agreements) which was submitted by Scott Glass on behalf of his client who is developing lot#3 on the Wal-Mart site. In order to be clear regarding La-Z-Boy's request, I want to describe exactly what La-Z- Boy is seeking. First, La-Z-Boy is requesting that the 100 square foot total signage limitation be removed from Lot 4. Instead, La-Z-Boy is requesting the code-allotted one square foot of front signage per lineal foot of building frontage, which would entitle them to signage facing Highway 50 of 75 square feet. Next, because the La-Z-Boy building is situated at the corner of the Wal- Mart site (albeit adjacent to a retention pond which is permanently reserved for drainage and incapable of development), La-Z-Boy is requesting to have 75 square feet of signage on the east face of their building. The absence of a sign on the east face of the building will result in a large, blank, less appealing space as viewed by people on Highway 50 and people driving on Blackwood Avenue. Next, because it will be a free-standing building,La-Z-Boy is requesting, as c LLF llupl' I ,FL.L.rAn I:L.111.01Z NI.. UIJ.AAoo IAI.LAIIAs rl, TA.II'A GRAV.I IARRIS& ROBINSON Professional Association August 28, 2002 Page 2 authorized under the code, a 24 square foot sign on the west side of the building facing the entry area. Finally, as permitted by the code, La-Z-Boy is requesting a ground level monument sign of 36 square feet. This would equal a total for the La-Z-Boy parcel of 174 square feet of building signage and 36 square feet of monument signage, or 210 total square feet. The above requests have been discussed with various staff and elected officials at Ocoee and are eminently reasonable. They are also important to La-Z-Boy's ability to close on the parcel with Wal-Mart and develop an attractive, desirable business in the City of Ocoee. The language which we have included in the "Agreement for Modification of Wal-Mart Master Signage Plan" will allow La-Z-Boy's request to be accommodated. In summary, La-Z-Boy is requesting a total of 174 square feel of building signage plus 36 square feet of monument signage. By comparison, it appears the City recently approved a total of more square feet of signage than our request for lot #3. Significantly, the proposed La-Z-Boy site is almost 180% as big in land area as lot #3 (1.94 acres compared with 1.20 acres) and La-Z- Boy's building will be almost twice as big as the building on lot 3 (21,900 square feet as opposed to 12-14,000 square feet). La-Z-Boy is facing impending contract deadlines which will not allow the transaction to proceed if they are not on the agenda for September 17rd as we have discussed. We are renewing our request (as I indicated in my letter of August 6, 2002, see copy enclosed) to pay for any mailing labels or other information the City requires us to use to provide notice to other property owners, and/or advertising fees or postings, all of which we have been ready to take care of since August 6, 2002. Based on my conversation last evening with Jim Gleason, we understand we are on the September 17, 2002, agenda with the document I am submitting with this letter. Of course, please don't hesitate to contact me if you have any questions. Thank you very much in advance for your cooperation and assistance in these matters. With best regards, I am Very sincerely yours, R. Dean Cannon, Jr. RDC:Ic cc: 4tm Gleason Paul Rosenthal Scott Sackman \40220\1 -#88965 vt This instrument prepared by: R. Dean Cannon,Jr,Esq. Gray,Harris& Robinson, P.A. 301 East Pine St, Suite 1400 Orlando,FL 32801 After recording please return to: lean Grafton,City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN THIS AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN (this "Agreement") is made and entered into this day of 2002, by and between WAL-MART STORES EAST, INC. an Arkansas corporation whose mailing address is 2001 S.E. 10th Street, Bentonville, Arkansas 72712-6489, Attention: Rey l4-) Rloouyu-Rociid>. (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 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 as follows (the "Property"): Tracts A, B, C and D, and Lots 1, 2,3, 4, 5 and 6 as platted on that certain Plat of Wal-Mart at Ocoee as recorded in Plat Book 48, Page 122, Public Records of Orange County, Florida WHEREAS, the City has previously approved development plans for the Property which call for the development of a Wal-Mart Supercenter on Lot I, various commercial uses on Lots 2, 3, and 4, and office uses on Lots 5 and 6; and, WHEREAS, as part of the development approval process the City approved a Master Signage Plan (hereafter the "Master Signage Plan") a reduced copy of which is attached hereto as Exhibit "A" and which is incorporated herein by this reference; and, WHEREAS, the Master Signage Plan, among other things, states, "100 SF. TOTAL SIGNAGE FOR EACH OUTPARCEL;" and, WHEREAS, the Owner has a contract to sell the outparcel known as Lot 4, consisting of 1.94 acres, more or less, to West Coast Saks, Inc_, for La-Z-Boy Furniture Galleries ("La-Z- Boy") which intends to construct an approximately 22,000 square foot, two-tenant commercial furniture gallery building on Lot 4; and, WHEREAS, upon application by the Owner and La-Z-Boy, the City Commission has determined that a limitation of 100 square foot total signage is not commercially feasible for the type of commercial building which La-Z-Boy has proposed to develop on Lot 4, and that the sign regulations set forth in the Ocoee Land Development Code which would be applicable to Lot 4 absent the Master Signage Plan, or waivers granted therefrom by the City Commission, are more appropriate for the size and type of commercial building proposed by La-Z-Boy; and, WHEREAS, the Owner and the City desire to execute this Agreement to evidence their mutual agreement as to the removal of Lot 4 from the 100 square foot total signage limitation contained in the Master Signage Plan if, but only if, Lot 4 is actually developed with the commercial building as proposed by La-Z-Boy in accordance with the plans submitted by La-Z- Boy to the City; NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged by each party hereto, the parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Amendment of Master Signage Plan. The approved Master Signage Plan is hereby amended by adding the following language: NOTWITHSTANDING THE 100 SF TOTAL SIGNAGE LIMITATION FOR EACH OUTPARCEL, IF LOT 4 IS DEVELOPED AS A TWO-TENANT COMMERCIAL PROPERTY IN ACCORDANCE WITH THE PLANS SUBMITTED BY LA-Z- BOY TO THE CITY,THEN THE TOTAL SIGNAGE LIMITATION FOR LOT 4 SHALL BE AS PROVIDED IN THE OCOEE LAND DEVELOPMENT CODE OR IN ACCORDANCE WITH THE TERMS OF ANY WAIVER PREVIOUSLY OR HEREAFTER GRANTED BY THE CITY COMMISSION RELATED THERETO. THIS PROVISO IS LIMITED TO LOT 4 AND DOES NOT OTHERWISE AFFECT THE PROVISIONS OF THIS MASTER SIGNAGE PLAN. Section 3. Notation on Master Signage Plan. A sticker noting the above change shall be adhered to the Master Signage Plan and any other plan page which references the 100 square foot total signage limitation for outparcels. 2 Section 4. Balance of Master Signage Plan Unaffected. The balance of the Master Signage Plan shall be unaffected by this Agreement. Section 5. 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 6. Recording. At the City's option, a copy of this Agreement may be recorded by the City among the official land records of Orange County, Florida at Owner's expense. Section 7. Effective Date. This Agreement shall become effective the day and year first written above so long as the purpose and intent of this Agreement can still be achieved. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to he executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered OWNER In the presence of WAL-MART STORES EAST, INC., \ rs an Arkansas corporation By: • tint nam : S., wt . Print S Sce tare eat- Its: Qlrcc-itc of Buf �dt�9 Print name: 5rett,c4i cv t S Print title: Dev'eleirw< n¢ ,t (CORPORATE SEAL) rt STATE OF r learns o-s COUNTY OF Ber i-15n I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared 3 Sc +t Gee , as the D't<e>4w o Bal Id;^a‘Deinloarseierof Wal-Mart Stores East, Inc., an Arkansas corporation, who is personally known to me or who produced -i rn se.l f as identification, and that hefskeacknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes expressed therein. nd WITNESS my hand and official seal in the County and State aforesaid thisda-day of A u 5w sr , 2002. " NOTARY SEAL" IC3q..m Q. Paula A.Seay,Notary Public SiAnature of Notary Benton County,State of Arkansas (pyl & A. Sr ay My Commission Expires 6/112012 Printed name Notary Commission Number(if nol legible on stall _ My commission expires(if not legible on seal)- 4 CITY: Signed, sealed and delivered CITY OF OCOEE, FLORIDA in the presence of By: Print name: S. Scott Vandergrift, Mayor Attest: Print name: Jean Grafton, City Clerk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING FIELD Approved as to form and legality this ON , 2002 UNDER day of 2002 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 by me to be the Mayor and City Clerk of the CITY OF OCOEE, FLORIDA, respectively, 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 aforesaid this day of , 2002. Signature of Notary Printed name Notary Commission Number(if not legible on seal) My commission expires Of net legible on seal) _ #81738 vt 5 CITY OF OCOEE, FLORIDA OWNER'S AFFIDAVIT STATE OF ARKANSAS COUNTY OF Pit Before me, the undersigned personally appeared Stu _ ire e0.1( (name). b trcc.For 0-1 $Id Ut" . (title)of Wal-Mart Stores East, Inc., who being first duly sworn on oath, deposes and say: 1. That Wal-Mart Stores East, inc. is the fee-simple owner of the property legally described as Lots 1 through 6 as shown on the Plat of Wal-Mart at Ocoee, as recorded in Plat Book 48. Page 122, Public Records of Orange County, Florida, the same being the property the subject of this application and that the attached ownership list is made a part of the affidavit and contains the legal description for the real property, and the names and mailing addresses of all owners having an interest in said land. 2. That Wal-Mart Stores East. Inc.. desires to modify the Master Signage Plan approved for the Wal-Mart Supercenter to remove the 100 square foot total signage limitation from Lot 4 of said property. 3. That Wal-Mart Stores East, Inc., has appointed R. Dean Cannon. Jr. to act as the Owner's Authorized Agent to represent the Owner in connection with the proposed action and the real property described in this application. 4. That Wal-Mart Stores East, Inc., agrees to be bound by the actions of the Owners Authorized Agent designated in Paragraph 3 above and the Ocoee Land Development Code with respect to the matters referenced herein. 5. That Wal-Mart Stores East, Inc., affirms, certifies and will comply with all ordinances, regulations and provisions of the City Code of the City of Ocoee, and that this application and attachments shall become part of the official records of the City of Ocoee, and are not returnable. 6. That the accompanying adjacent property owners list is, to the best of its knowledge a complete and accurate list of the owners names and mailing addresses for all property lying within three hundred (300)feet of the perimeter of the subject parcel, as recorded on the latest official Orange County Tax Rolls. 7 That prior to the public hearing, if applicable, signs will be prominently posted on the subject parcel not less than twelve(12)days before the application will be considered by the appropriate City Board, and will remain posted until final determination, after which time the notices are to be removed and destroyed. By: Owner's Rep 44 tative Print name: T3 Sco GA eeo'( Sworn to and subscribed before me thisaa)day of Au U ri 20 o?-by T Sc o ff art ea -, who is personally known to me or who produced hi.n>clf as identification, and who took an oath. ,Q C3)(1--° Ca• .r'"^• " NOTARY SEAL " Notary Public Paula A.Seay, Notary Public , a Benton County,State of Arkansas My Commission expires b. I I aot My Commission Expires 6/1/2012 Owners List: Owner's Name: Wal-Mart Stores East, Inc., an Arkansas corporation Owner's Address: 2001 S.E. 10m Street, Bentonville, Arkansas 72712-6489. Owner's Interest: 100% Legal Description: Lots 1 through 6 as platted on that certain Plat of Wal-Mart at Ocoee as recorded in Plat Book 48, Page 122, Public Records of Orange County, Florida. nS'cP-LUUL rdI Ur I:041 NO P. 02 IIIII III IIIII II III 07 fU 5873 Po 3927 Uranne Go FL. 2002—D353938 This instrument prepared by: ;:7/2 /Limnc' 2:7nn S :Rec 24. 00 Scott A. Glass, Esq. Shuns &Bowen, LLP 3D0 S. Orange Ave„ Ste. 1000 Orlando, FL 32501 After recording please return to: Jean Grafton, City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee. FL 34761 AGREEMENT FOR MODIFICATION OF WAL_MARTMASTER SIGNAGE PLAN THIS AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN (this "Agreement") is made and entered into this tG]day of jy{ u5/ , 2002, by and between WAL-MART STORES EAST, INC. an Arkansas corporation whose mailing address is 2001 S.L. loth Street, Bentonville, Arkansas 72712-6489, Attention: Jamie Hutcheson (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 Manager (hereinafter referred to as the "City"). WITNESS RTH: 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 as follows (the 'Property"): Tracts A, B, C and D, and Lots 1, 2, 3, 4, 5 and 6 as platted on that certain Plat of Wal-Mart at Ocoee as recorded in Nat Book 48, Page 122, Public Records of Orange County, Florida WHEREAS, the City has previously approved development plans for the Property which call for the development of a Wal-Mart Supereenter on Lot 1, various commercial uses on Lots 2, 3, and 4, and office uses on Lots 5 and 6; and, WHEREAS, as part of the development approval process the City approved a Master Signage Plan (hereafter the "Master Signage Plan") a reduced copy of which is attached hereto as Exhibit "A" and which is incorporated herein by this reference; and, WHEREAS, the Master Signage Plan, among other things, states, "100 SF. TOTAL SIGNAGE FOR EACH OUTPARCEL;" and, 1 II ill IIIIHIIIIII 0L 04.-657� Ft . S28 finance Co FL 2002-0353938 WHEREAS, the Owner has a contract to sell the outparcel known as Lot 3 to Falcon Development Corp. ("Falcon") which intends to construct an approximately 11,000 square foot, multi-tenant commercial building on Lot 3; and, WHEREAS, upon application by the Owner and Falcon, the City Commission has determined that a limitation of 100 square foot total signage is not commercially feasible for the type of multi-tenant commercial building which Falcon has proposed to develop on Lot 3 and that the sign regulations set forth in the Ocoee Land Development Code which would be applicable to Lot 3 absent the Master Signage Plan are more appropriate for such a multi-tenant type commercial building; and, WHEREAS, the Owner and the City desire to execute this Agreement to evidence their mutual agreement as to the removal of Lot 3 from the 100 square foot total signage limitation contained in the Master Signage Plan if,but only if, Lot 3 is actually developed with a multi- tenant building as proposed by Falcon. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged by each party hereto, the parties hereby agree as follows: Section I. Recitals. The foregoing recitals are true and correct and arc incorporated herein by this reference. Section 2. Amendment of Master Signaee Plan. The approved Master Siguage Plan is hereby amended by adding the following language: NOTWITHSTANDING THE 100 SF TOTAL SIGNAGE LIMITATION FOR EACH OUTPARCEL, IF LOT 3 1S DEVELOPED AS A MULTI-TENANT COMMERCIAL PROPERTY THEN THE TOTAL SIGNAGE LIMITATION FOR LOT 3 SHALL BE AS PROVIDED IN THE OCOEE LAND DEVELOPMENT CODE, THIS PROVISO IS LIMITED TO LOT 3 AND DOES NOT OTHERWISE AFFECT THE PROVISIONS OF THIS MASTER SIGNAGE PLAN. Section 3. Notation on Master Signage Plan. A sticker noting the above change shall be adhered to the Master Signage Plan and any other plan page which references the 100 square foot total signage limitation for outparcels. Section 4. Balance of Master Signaee Plan Unaffected. The balance of the Master Signage Plan shall be unaffected by this Agreement. 2 NH IH . nil Ord nue Co F!_ 2002-0 S 9 it Section 5. Counterparts. This Agreement 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 6. Recording. At the City's option, a copy of this Agreement may be recorded by the City among the official land records of Orange County, Florida at Owner's expense. Section 7. Effective Date, This Agreement shall become effective the day and year first written above so long as the pugiose and intent of this Agreement can still be achieved. 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 mitten. Signed, sealed and delivered OWNER in the presence of WAL-MART STORES EASI', INC., � p an Arkansas corporation 19oliutrt / n/l0(/�-vvilr.t- Print nanjI Penns { Printname. *(v1 eivw Its: lire(les v( (,'x 1�,,,, -It' Print name. Tkroin Jr Print title: 1 (CORPORATE SEAL) STATE OP NVI(V.5(tS COUNTY OF17el*Aerr I IIERE➢Y CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take aclmowledgments, personally appeared S.Scc 1'F GOleor as the ystc,lr.,-oFPa.,,r L.rr Occoloppto,xe , of Wal-Mart Stores East, Inc., an Arkansas corporation, who is personally known to me or who produced h,n,,cl(- as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes expressed therein. WITNESS my hand and official seal in the County and State aforesaid thisn day of -\u\vs , 2002. pp Signature of Notary " NOTARY SEAL "��s \\jG\i1sC- LCAc'r� Valerie Eden, Notary Public Printed name Notary Benton County, State of Arkansas My Commission Expires 5/13/2011 Commission Number(if not legible on seal): My commission expires(if not Iegibtc on scan:S-I i-3t 3 OR Di( 6.S Il1I1 IIg 39-30 Orange Co FL 2002-0353988 CITY: Signed, sealed and delivered CITY OF OCOEE in the presence Of LL , FLORIDA Pant name: MAR=AN a. GAEE/ S. Scott Vandergrifl, N. ayor 9q ti t4 ti_ �1 Attest: _ Print name: G J .n Grafton, City ' erk FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY • THE CUT OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD Approved as to fgnn and legality this ON day of y - S A rrEI_l¢ _ , 2002VUNDER ) (I7 , 2002 AGENDA ITEM NO. y I cd FOLEY-V.AltlnR Lr�^ By: _1/4v 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 VANDERGRIPT and JEAN GRAFfON, personally known by me to he the Mayor and City Clerk of the CITY OF OCOEE, FLORIDA, respectively, 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 aforesaid this/6 day of 2002. ArS Signature f Notary-Lu�,��r, - Printed naine Notary / ,.,'''„ Sally A Whitford *�r'�- #My commission CC928572 Commission Number(if riot lcslb !c lc on al):_ •ow„„j/ Expires April 17,2004 My commission expires(if not legible on Amity_ 4 WAL*MART ."i ,� s?� - := SUPEACENTER I r �' r✓ .k�..a Y.,,1 J —c _ I 1]' U _2005F ry) I h._ ...> 4 0" IS 0 -iW tSs8F 15 o,nary 6 -0—' -- WAL-MART MONUMENT SIGNAGE n.iL$CL ro BE PAlrv:co'CnNdZHL A sry M zo li 8 EF5 PILASTERS FUNARC'PE 5 vN TO 9F . LANDSCAPED CART CORRAL PAINTED SOMBRERO S:N"exg C..\ NUN31T SCN MSE TO CONSIST GFSPLIT FAR- T/AU PAINTED'CANEIERP.A•5'NREED I i ARE BlUBE EL 1 EXPRUS "- 5 >_• SIGNAGE - ( ��TC 1 113 r ; _al Y W F^ 7c c Zit, a•zNd Y A . Ir ,. . -.J"-)"N S . •,4'.Ir. a'�0' i 9'.O 855F. 0.�� — TLE MONUMENT SIGN STANDARD MONUMENT SIGNAGE FOR TL-TENANT TOSEVERIFIEO(APPROrENBY,AR MAST _ _ OUTPARCEL DEVELOPMENT - - 01 4 8 12 100 SF lOTAL SIGNACv FOR EACH OUIPARC EL v WAL*MART Supercenter l ttcic