HomeMy WebLinkAboutVI (C1&2) Westyn Bay, Project No. LS-03-001: 1. Agreement for Modification of Preliminary Subdivision Plan and Final Subdivision Plan; 2. First Amendment to the Development Agreement Agenda 6-03-2003
Item VI C 1&2
FOLEY : LARDNER
MEMORANDUM
CLIENT•MATTER NUMBER
020377-0533
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq.,Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: May 23, 2003
RE: Modifications to the Westyn Bay PSP, FSP and Development Agreement
The developer of Westyn Bay is proposing to plat a portion of the Westyn Bay
subdivision (see following agenda item). This initial Phase I plat of Westyn Bay is not
consistent with the approved PSP and FSP for the property and is not consistent with the
Development Agreement for the property. In order to approve the plat as submitted by the
developer, the PSP and the FSP for the property, as well as the Development Agreement for the
property, need to be amended. The developer has requested the following amendments:
(1) Temporary Emergency Access Easement Agreement. Both the PSP and the
FSP were approved showing a Temporary Emergency Access Easement and
stabilized 12' wide road from Ocoee Crown Point Parkway to a portion of the
property being platted. This temporary road was to be put in place to allow for a
second access point to the property in the event of an emergency. The developer
does not wish to install the stabilized 12' wide temporary emergency access road
nor grant the Temporary Emergency Access Easement to the City. The City Fire
Department has determined that it does not need this secondary emergency
access.
(2) Delaying the conveyance of certain tracts to the City. The PSP, FSP and the
Development Agreement provide that certain tracts be conveyed to the City at the
time of platting any portion of the property. Several of these tracts are on the
northeastern end of the property, away from that portion of the subdivision
currently being platted. The developer has requested that the City not require the
conveyance of these tracts at this time with this plat. Instead, the developer would
like to delay the requirement so that the tracts arc conveyed to the City once the
northeastern portion of the Westyn Bay property is platted.
006.296896. FOLEY&LARDNER
FOLEY : LARDNER
In the event the City Commission agrees with the developer concerning the items
referenced above, the City and the developer will need to enter into an Agreement for
Modification of the Preliminary Subdivision Plan and the Final Subdivision Plat for Westyn Bay
and a First Amendment to Development Agreement. Copies of each document acceptable to the
developer are attached hereto. Together, these two documents modify the PSP, ESP and
Development Agreement so that the Phase 1 Plat of Wcstyn Bay is consistent with the PSP, FSP
and Development Agreement. In the event the City Commission does not agree with the
modifications requested by the developer, the Phase I Plat may only be approved conditioned
upon certain revisions to the plat to make it consistent with the PSP, FSP and Development
Agreement.
Attachments
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006 296896.
THIS INSTRUMENT PREPARED BY
Scott A.Cookson, Esq.
Foley&Lardner
IIl North Orange Avenue, Suite 1800
Orlando, FL 32801
AFTER RECORDING RETURN TO
Jean Grafton,City Clerk
City of Ocoee
150 N. Lakeshore Drive For Recording Purposes Only
Ocoee. FL 34761
AGREEMENT FOR MODIFICATION OF THE PRELIMINARY SUBDIVISON
PLAN AND THE FINAL SUBDIVISION PLAN FOR WESTYN BAY (F/K/A
WEST GROVES)
THIS AGREEMENT FOR MODIFICATION OF THE PRELIMINARY
SUBDIVISON PLAN AND THE FINAL SUBDIVISION PLAN FOR WESTYN BAY
(F/K/A WEST GROVES) (this "Agreement") is made and entered into this day of
, 2003 by and between WEST GROVES VENTURE, L.L.L.P.. a Florida
limited liability limited partnership, whose mailing address is 923 N. Pennsylvania Avenue,
Winter Park, Florida 32789 (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 in Exhibit "A" attached hereto and by this reference incorporated herein
(the "Property'); and
WHEREAS, the City of Ocoee has previously approved the West Groves Preliminary
Subdivision Plan on June 5, 2001 under Agenda Item VI DI (the "PSP") and the West Groves
Final Subdivision Plan for Phases 1, 2 and 3 on May 7, 2002 under Agenda Item VII A (the
"FSP") for the Property; and
WHEREAS, both the PSP and the FSP provide for a stabilized 12' wide temporary
emergency access road over a portion of the Property and a temporary emergency access
easement related thereto (collectively, the "Emergency Access"); and
WHEREAS, Owner and City have agreed that the lmergency Access is no longer
necessary with the development of the Property and the parties hereto desire to so amend the PSI'
and FSP; and
006.295420.
WHEREAS, Additional Condition of Approval 13 on Sheet G-2B of the FSP
("Additional COA 13") requires the conveyance of Tracts R-2, R-3, R-4, S-1, S-2 and S-3
(collectively, the "Delayed Tracts') among other tracts, to the City no later than the time the lirst
plat is recorded for the Property; and
WHEREAS, the City has agreed to delay the requirement for conveyance of the Delayed
Tracts; and
WHEREAS, this Agreement is made and entered into prior to approval of the first plat of
the Property and is necessary in order for the first plat of the Property to be consistent with both
the PSP and the FSP; and
WHEREAS the Owner and the City desire to execute this Agreement to evidence their
mutual agreement for the modification of both the PSP and the FSP.
NOW THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
I. Recitals. The above recitals arc true and correct and are incorporated herein by this
reference.
2. Amendment of PSP and FSP. The PSP and the FSP are hereby amended by adding the
following language:
NOTWITHSTANDING ANYTIIING CONTAINED HEREIN TO
THE CONTRARY, FIIE DEVELOPER SHALL NOT BE
REQUIRED TO CONSTRUCT A STABILIZED 12' WIDE
TEMPORARY EMERENCY ACCESS ROAD OR GRANT A
TEMPORARY EMERGENCY ACCESS EASEMENT
RELATED THERETO DURING DEVELOPMENT OF THE
PROPERTY. HOWEVER, NOTHING HEREIN SHALL BE
CONSTRUED AS RELIEVING THE DEVELOPER OF THE
OBLIGATION TO PROVIDE FOR TWO ACCESS
ROADWAYS LEADING INTO THE PROPERTY FROM
OCOEE APOPKA ROAD.
3. Notation on PSP and ESP. A sticker noting tins change shall be adhered to the PSI' and
the FSP.
4. Amendment to FSP. Additional COA 13 of the FSP is hereby amended to read:
Within thirty (30) days of the City's request, and in no event later
than the time of recording the first plat of the property, the
Developer shall convey to the City of Ocoee the following tracts as
depicted on the Final Subdivision Plan: R, R-1 and R-5
(collectively, the "Conservation Tracts") and Tract R-6 (the
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006.295420.
"Additional Tract") by Special Warranty Deed, in form and
substance acceptable to the City, free and clear of all liens and
encumbrances except those accepted by the City. The City shall
take title to the Conservation Tracts subject to a Conservation
Easement in favor of the St. Johns River Water Management
District (the "District"), provided that the City has reviewed and
approved the form of said Conservation Easement, and any
referenced District Permit, prior to its execution. Simultaneously
with the conveyance to the City of the Conservation Tracts and the
Additional Tracts (collectively, the "Conveyance Tracts"). the
Developer shall grant to the City a 25' Access Easement, in form
and substance acceptable to the City, over that portion of Tract C-
2 contiguous with Tract R (the "Access Easement").
Notwithstanding the foregoing, the Developer shall not be
obligated to make such conveyances 1) prior to District approval of
the construction of the master drainage system for the property (the
"Improvements") and receipt of all necessary permits from the
District required in connection with the construction of the
Improvements; and, 2) prior to recording the Conservation
Easement among the Public Records of Orange County, Florida,
provided that the Developer does not unreasonably delay in the
recording of the Conservation Easement. Within thirty (30) days of
the City's request, and in no event later than the time of recording a
plat containing property contiguous to any of the following Tracts
as depicted on the Final Subdivision Plan: R-2, R-3, R-4. S-1, S-2
or S-3 (the "Phase 2 Tracts"), the Developer shall convey to the
City of Ocoee the Phase 2 Tracts by Special Warranty Deed, in
form and substance acceptable to the City, free and clear of all
liens and encumbrances except those accepted by the City. At
least fourteen (14) days prior to any of the conveyances other than
at the time of recording a plat, the Developer shall, at the
Developer's sole cost and expense, submit to the City for review
and approval legal descriptions and sketches of descriptions for the
tracts to be conveyed. The legal descriptions and sketches of
descriptions shall be certified to the City. Contemporaneously
with the conveyance of the tracts, the Developer shall provide the
City with an attorney's title opinion or current title insurance
commitment to be followed by a title policy (at minimum value).
The Developer shall escrow the real property taxes prorated as of
the day before the City's acceptance in accordance with the
provisions of Section 196.295, Florida Statutes. The conveyance
of the tracts shall not impose any obligation on the City to make
any improvements within the tracts other than as required by the
Conservation Easement. Notwithstanding anything contained
herein to the contrary, prior to the conveyance of the Phase 2
Tracts, the location and configuration of all roadway and utility
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00629542a.
improvements crossing between said tracts shall he established and
approved by the City, shall be consistent with the Development
Agreement and the improvements must otherwise comply with
City and governmental requirements. Notwithstanding the
foregoing provisions to the contrary, with respect to Tract R-3
only, the following shall apply: The Developer will provide to the
City a "letter of Map Revision" (LOMR) issued by FEMA,
demonstrating that all or a portion of Tract R-3 is outside of the
FEMA designated 100 year flood plain. Should any portion of
Tract R-3 be determined to lie within the FEMA designated 100
year flood plain, then the Developer will convey fcc simple title to
that portion of Tract R-3 within the 100-year flood plain to the City
as provided above. For all portions of Tract R-3 outside the
FEMA designated 100-year flood plain, in lieu of receiving fee
simple title to Tract R-3, the City shall accept a permanent
easement over real property adjacent to the existing tributary
located within tract S-1. The form of the easement and the
location and configuration of the easement area shall he adequate
for the City to access and maintain the natural tributary located
west of Tract R-3. It is anticipated that the easement shall be over
the maintenance berms within stormwater management Tracts G, 1,
and K. The casement will be in a form acceptable to City staff.
5. Notation on FSP. A sticker showing new Condition of Approval 13 shall be adhered to
the FSP over the old Additional COA 13.
6. Limitations. Except as amended hereby, the PSP and the FSP remain unchanged and in
full force and effect.
7. 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.
8. 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.
9. Effective Date. This Agreement shall become effective as of the date of the last
execution by a party hereto. Notwithstanding, if this Agreement is not approved and
executed by the City on or before June 17, 2003 this Agreement shall not be effective.
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006.295420.
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:
WEST GROVES VENTURE, L.L.L.P.. a
Florida limited liability limited partnership
By: West Groves (Orlando) AIP W,
L.L.L.P., a Florida limited liability
limited partnership, as its general
partner
By: Avanti Capital Associates, formerly
known as Avanti Properties Group,
J.V., a Florida joint venture, as its
general partner
By: Avanti Management Partners. J.V., a
Florida joint venture, as its sole
managing venturer
By: Avanti Development Corporation, a
Florida corporation as its general
partner
By:
Print Name Name:
'Title:
Print Name
(CORPORATE SEAL)
5
006 295420.
STATE OF
COUNTY OF
I HEREBY CERTIFY that before me, personally appeared
, as of Avanti Development
Corporation, a Florida corporation, as general partner of Avanti Management Partners, J.V., a
Florida joint venture, as managing venturer of Avanti Capital Associates, formerly known as
Avanti Properties Group, J.V., a Florida joint venture, as general partner of West Groves
(Orlando) AID Ill, L.L.L.P., a Florida limited liability limited partnership, as general partner of
West Groves Venture, I..L.L.P., a Florida limited liability limited partnership, on behalf of the
partnership, to me known to be, or who has produced as
identification, and did (did not) take an oath the individual and partner described in and who
executed the foregoing conveyance and acknowledged the execution thereof to be his/her free act
and deed as such partner thereunto duly authorized, and the said conveyance is the act and deed
of said limited liability partnership
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number Of not lcgimcon sea0.__ .
My Commission Expires Of not legible on reap.
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006.295420.
CITY:
Signed,sealed and delivered
in the presence of: CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. Approved as COMMISSION AT A MEETING HELD ON
to form and legality this day of , 2003 UNDER AGENDA
,2003. ITEM NO.
FOLEY & LARDNER
By:
City Attorney
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006.295920.
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary (Typed.. Printed or Stamped)
Commission Number(if tint legible on seal)
My Commission Expires(if not legible on sup.
g
006.295420
EXHIBIT "A"
THE PROPERTY
A PARCEL OF LAND LOCATED WITHIN SECTION I, TOWNSHIP 22 SOUTH, RANGE 27 EAST
AND SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST AND SECTION 31, TOWNSHIP 21
SOUTH, RANGE 28 EAST AND SECTION 36, TOWNSHIP 21 SOUTH, RANGE 27 EAST, ORANGE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST %< OF SECTION 6, TOWNSHIP 22
SOUTH, RANGE 28 EAST; TIIENCE RUN S. 00°54'44" W. ALONG THE EAST LINE OF SAID
NORTHWEST '/ FOR A DISTANCE OF 821,06 FEET; TIIENCE DEPARTING SAID EAST LINE
RUN S. 28°29'20" E. FOR A DISTANCE OF 368.35 FEET TO A POINT ON TIIE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 437 (OCOEE-APOPKA ROAD), SAID POINT BEING
25.0 FEET WEST OF CENTERLINE; THENCE RUN S. 28°17'18" W. ALONG SAID WESTERLY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 71.60 FEET; THENCE DEPARTING SAID
WESTERLY RIGHT-OF-WAY LINE RUN N. 28°29'20" W. FOR A DISTANCE OF 301.28 FEET TO
A POINT ON THE AFORESAID EAST LINE OF TIIE NORTHWEST '/ OF SECTION 6; THENCE
RUN N. 13°38'09" W. FOR A DISTANCE OF 474.60 FEET; THENCE RUN N. 00°54'44" E. FOR A
DISTANCE OF 480.10 FEET TO A POINT ON TIIE NORTH LINE OF SAID NORTHWEST '/:
THENCE RUN S. 88°I 1'36" W. ALONG SAID NORTH LINE FOR A DISTANCE OF 1200.47 FEET
TO THE NORTHEAST CORNER OF THE NORTHWEST '/ OF THE NORTHWEST '/ OF SAID
SECTION 6; THENCE RUN S. 01°26'05" W. ALONG THE EAST LINE OF SAID NORTHWEST '/
OF THE NORTHWEST / FOR A DISTANCE OF 793.52 FEET; THENCE RUN N. 87°28'22" E. FOR
A DISTANCE OF 706.25 FEET TO A POINT LYING 41.82 FEET EAST OF THE EAST LINE OF
THE SOUTHWEST '/ OF TIIE NORTHEAST '/ OF TIIE NORTHWEST '/; THENCE RUN S.
01°10'38" W. ALONG A LINE LYING 41.82 FEET EAST OF AND PARALLEL TO SAID EAST
LINE OF THE SOUTHWEST '/ OF THE NORTHEAST '/ OF THE NORTHWEST 1 FOR A
DISTANCE OF 589.91 FEET; THENCE RUN S. 01°22108" W. ALONG A LINE LYING 41.82 FEET
EAST OF THE EAST LINE OF THE NORTHWEST '/ OF THE SOUTHEAST '/ OF THE
NORTHWEST '/ OF SECTION 6 FOR A DISTANCE OF 576.78 FEET; THENCE RUN N. 87°28'23"
E. FOR A DISTANCE OF 359,74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE
OF COUNTY ROAD 437 (OCOEE-APOPKA ROAD), SAID POINT BEING 60.0 FEET WEST OF
CENTERLINE; THENCE RUN S. 28°17'I8" W. ALONG SAID WESTERLY RIGILT-OF-WAY LINE
FOR A DISTANCE OF 976.19 FEET TO TIIE POINT OF CURVATURE OF A CURVE CONCAVE
EASTERLY, HAVING A RADIUS OF 2351.83 FEET, A CENTRAL ANGLE OF I2°04'51", A
CHORD BEARING OF S. 22°14'52" W. AND A CHORD LENGTH OF 494.97 FEET; THENCE
ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 495.89 FEET TO A POINT IN THE
CENTERLINE OF THE STATEN BRANCH; THENCE RUN NORTHWESTERLY ALONG SAID
CENTERLINE FOR A DISTANCE OF 3800 FEET MORE OR LESS TO A POINT ON TIIE SOUIII
LINE OF LOT "B" OF AN UNNAMED SUBDIVISION, RECORDED IN PLAT BOOK B, PAGE 129
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; TIIENCE RUN S. 88°03'0I" W.
ALONG SAID SOUTH LINE FOR A DISTANCE OF 729,14 FEET TO THE SOUTHWEST CORNER
OF SAID LOT `B"; THENCE RUN N. 45°03'50" E. ALONG TIIE WEST LINE OF LOTS "B" AND
"A" OF SAID UNNAMED SUBDIVISION FOR A DISTANCE OF 2100.33 FEET TO A POINT ON
THE NORTH LINE OF THE NORTHEAST '/ OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27
EAST, SAID POINT BEING S. 89°40'52" W. AND A DISTANCE OF 330.00 FEET FROM THE
NORTHEAST CORNER OF THE NORTHEAST '/ OF SAID SECTION I; THENCE RUN ALONG
THE WESTERLY AND NORTHERLY LINE OF GOVERNMENT LOT I, SECTION 36, TOWNSHIP
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006.295420.
21 SOUTH, RANGE 27 EAST TIIE FOLLOWING COURSES AND DISTANCES: N. 04°43'24" E.
FOR A DISTANCE OF 963.60 FEET; THENCE RUN N. 39°28'27" E. FOR A DISTANCE OF 382.80
FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST '/ OF SECTION 31, TOWNSHIP
21 SOUTH, RANGE 28 EAST; THENCE RUN N. 00°19'59" W. ALONG SAID WEST LINE FOR A
DISTANCE OF 1643.36 FEET TO THE NORFI IWESF CORNER OF THE SOUTHWEST / OF SAID
SECTION 31; THENCE RUN N. 89°53'45" E. ALONG THE NORTH LINE OF SAID SOUTI I W EST Y
FOR A DISTANCE OF 2356.06 FEET"10 A POINT LYING S. 89°53'45" W. AND A DISTANCE OF
420.00 FEET FROM TIIE NORTIIEAST CORNER OF THE NORTHEAST '/ OF THE SOUTHWEST
' OF SAID SECTION 31; THENCE RUN S. 00°23'39" E. FOR A DISTANCE OF 210.00 FEET;
THENCE RUN N. 89°53'45" E. FOR A DISTANCE OF 210.00 FEET; TIIENCE RUN S. 00°23'39" E.
FOR A DISTANCE OF 420.00 FEET; THENCE RUN N. 89°53'45" E. FOR A DISTANCE OF 210.00
FEET TO A POINT ON THE EAST LINE OF AFORESAID NOR1I IEAS I '/ OF THE SOUTI I WEST
'/ OF SECTION 31; THENCE RUN S. 00°23'39" E. ALONG SAID EAST LINE FOR A DISTANCE
OF 689.50 FEET; TIIENCE RUN N. 89°46'34" E. ALONG A LINE LYING 120.00 FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF NORTHWEST '/ OF THE SOUTHEAST / OF SAID
SECTION 31 FOR A DISTANCE OF 1313.25 FEET TO A POINT ON THE EAST LINE OF SAID
NORTHWEST '/ OF THE SOUTIIEAST %; TIIENCE RUN S. 00°10'13" E. ALONG SAID EAST
LINE FOR A DISTANCE OF 38.00 FEETI'; THENCE RUN N. 89°48'52" E. ALONG A LINE LYING
82.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF NORTHEAST '/ OF THE
SOUTHEAST % OF SAID SECTION 31 FOR A DISTANCE OF 89.73 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF AFOREMENTIONED OCOEE-APOPKA ROAD (COUNTY
ROAD 437), SAID POINT BEING 25.00 WEST OF CENTERLINE, SAID POINT ALSO BEING A
POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1884.86 FEET, A
CENTRAL ANGLE OF 02°34'48", A CHORD BEARING OF S. 14°45'37" W. AND A CHORD
LENGTH OF 84.87 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTII OF
84.88 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTIIEAST '/ OF THE SOUTHEAST
'/; THENCE RUN S. 89°48'52" W. ALONG SAID SOUTII LINE FOR A DISTANCE OF 67.87 FEET
TO TIIE SOUTHEAST CORNER OF THE NORTHWEST / OF THE SOUTHEAST '/< OF SAID
SECTION 31; THENCE RUN S. 89°46'34" W. ALONG AFORESAID SOUTH LINE OF
NORTHWEST '/ OF THE SOUTHEAST 'A FOR A DISTANCE OF 1312.78 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST ''/ OF THE SOUTHWEST 'A OF SAID SECTION 31;
THENCE RUN S. 00°18'06" E. FOR A DISTANCE OF 1436.20 FEET TO TIIE POINT OF
BEGINNING.
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006 295420.
THIS INSTRUMENT PREPARED BY:
Scutt A. Cookson, Esq.
FOLEY& LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Jean Grafton, City Clerk For Recording Purposes Only
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407)905-3100
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Westyn Bay f/k/a West Groves)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First
Amendment") is made and entered into as of the day of , 2003 by and
between WEST GROVES VENTURE L.L.L.P., a Florida limited liability limited
partnership, whose mailing address is 923 N. Pennsylvania Avenue, Winter Park, Florida
32789 (hereinafter collectively referred to as the "Developer") 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, TOM WEST, INC., a Florida corporation, TOM WEST, individually
and as Trustee and SOUTH APOPKA CITRUS FRUIT COMPANY, a Florida corporation
(collectively, the "Assignor") and the City entered into that certain Development Agreement
dated June 5, 2001 and recorded in Official Records Book 6289, Page 4193, Public Records
of Orange County, Florida (the "Development Agreement"); and
WHEREAS, Assignor subsequently conveyed the property described in the
Development Agreement (the "Property") to Developer and assigned its rights and obligations
under the Development Agreement to Developer and Developer assumed Assignor's rights and
obligations under the Development Agreement as evidenced by that certain Assumption of
Development Agreement recorded February 20, 2003 in Official Records Book 6795, Page
4960, Public Records of Orange County, Florida; and
WHEREAS, Exhibit "A" to the Development Agreement contained certain Conditions
of Approval relating to development of the Property; and
WHEREAS, Condition of Approval 14 of Exhibit "A" to the Development Agreement
addressed certain obligations with respect to the construction of a stabilized 12' wide
006 295759.
temporary emergency road over a portion of the Property and a temporary emergency access
easement related thereto (collectively, the "Emergency Access"); and
WHEREAS, the Developer and the City have agreed that the Emergency Access is no
longer necessary with the development of the Property and the parties desire to so amend the
Development Agreement; and
WHEREAS, Additional Condition of Approval No. 13 on Sheet G-2B of the West
Groves Final Subdivision Plan for Phases 1, 2 and 3 as approved by the City of Ocoee City
Commission on May 7, 2002 under Agenda Item VII A (the "FSP") requires the conveyance
of certain tracts to the City; and
WHEREAS, The Developer and the City have entered into that certain Agreement for
Modification of the Preliminary Subdivision Plan and the Final Subdivision Plan for Westyn
Bay (f/k/a West Groves) ( the "PSP/FSP Modification") to modify the FSP with respect to the
timing of certain of the conveyances to the City; and
WHEREAS, The Developer and the City desire to amend the Development Agreement
to account for the modification with respect to the timing of certain of the conveyances to the
City.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by this
reference.
2. Development of the Property. Notwithstanding anything contained in the
Development Agreement to the contrary, including Condition of Approval 14 on
Exhibit "A" to the Development Agreement, the Developer shall not be required to
construct a stabilized 12' wide temporary emergency access road or grant a temporary
emergency access easement related thereto during development of the Property.
However, nothing herein shall be construed as relieving the Developer of the obligation
to provide for two access roadways leading into the property from Ocoee Apopka
Road.
3. Conveyance of Tracts to City. The following provision which has been incorporated
into the FSP by the PSP/FSP Modification shall be incorporated into the Development
Agreement by this reference:
Within thirty (30) days of the City's request, and in no event later than
the time of recording the first plat of the property, the Developer shall
convey to the City of Ocoee the following tracts as depicted on the Final
Subdivision Plan: R, R-I and R-5 (collectively, the "Conservation
Tracts") and Tract R-6 (the "Additional Tract") by Special Warranty
006295759 -2
Deed, in form and substance acceptable to the City, free and clear of all
liens and encumbrances except those accepted by the City. The City
shall take title to the Conservation Tracts subject to a Conservation
Easement in favor of the St. Johns River Water Management District
(the "District"), provided that the City has reviewed and approved the
form of said Conservation Easement, and any referenced District Permit,
prior to its execution. Simultaneously with the conveyance to the City
of the Conservation Tracts and the Additional Tracts (collectively, the
"Conveyance Tracts"), the Developer shall grant to the City a 25'
Access Easement, in form and substance acceptable to the City, over that
portion of Tract C-2 contiguous with Tract R (the "Access Easement").
Notwithstanding the foregoing, the Developer shall not be obligated to
make such conveyances 1) prior to District approval of the construction
of the master drainage system for the property (the "Improvements") and
receipt of all necessary permits from the District required in connection
with the construction of the Improvements; and, 2) prior to recording the
Conservation Easement among the Public Records of Orange County,
Florida, provided that the Developer does not unreasonably delay in the
recording of the Conservation Easement. Within thirty (30) days of the
City's request, and in no event later than the time of recording a plat
containing property contiguous to any of the following Tracts as depicted
on the Final Subdivision Plan: R-2, R-3, R-4, S-I, S-2 or S-3 (the
"Phase 2 Tracts"), the Developer shall convey to the City of Ocoee the
Phase 2 Tracts by Special Warranty Deed, in form and substance
acceptable to the City, free and clear of all liens and encumbrances
except those accepted by the City. At least fourteen (14) days prior to
any of the conveyances other than at the time of recording a plat, the
Developer shall, at the Developer's sole cost and expense, submit to the
City for review and approval legal descriptions and sketches of
descriptions for the tracts to be conveyed. The legal descriptions and
sketches of descriptions shall be certified to the City.
Contemporaneously with the conveyance of the tracts, the Developer
shall provide the City with an attorney's title opinion or current title
insurance commitment to be followed by a title policy (at minimum
value). The Developer shall escrow the real property taxes prorated as
of the day before the City's acceptance in accordance with the provisions
of Section 196.295, Florida Statutes. The conveyance of the tracts shall
not impose any obligation on the City to make any improvements within
the tracts other than as required by the Conservation Easement.
Notwithstanding anything contained herein to the contrary, prior to the
conveyance of the Phase 2 Tracts, the location and configuration of all
roadway and utility improvements crossing between said tracts shall be
established and approved by the City, shall be consistent with the
Development Agreement and the improvements must otherwise comply
with City and governmental requirements. Notwithstanding the
006295759. -3-
foregoing provisions to the contrary, with respect to Tract R-3 only, the
following shall apply: The Developer will provide to the City a `letter of
Map Revision" (LOMR) issued by FEMA, demonstrating that all or a
portion of Tract R-3 is outside of the FEMA designated 100 year flood
plain. Should any portion of Tract R-3 be determined to lie within the
FEMA designated 100 year flood plain, then the Developer will convey
fee simple title to that portion of Tract R-3 within the 100-year flood
plain to the City as provided above. For all portions of Tract R-3
outside the FEMA designated 100-year flood plain, in lieu of receiving
fee simple title to Tract R-3, the City shall accept a permanent easement
over real property adjacent to the existing tributary located within tract
S-1. The form of the easement and the location and configuration of the
easement area shall be adequate for the City to access and maintain the
natural tributary located west of Tract R-3. It is anticipated that the
easement shall be over the maintenance berms within stormwater
management Tracts G, J, and K. The easement will be in a form
acceptable to City staff.
4. Notices. Notices pursuant to Section 13 of the Development Agreement shall hereafter
be delivered to the addresses appearing on the first page of this First Amendment.
5. Limitations. Except as amended hereby, the Development Agreement remains
unchanged and in full force and effect, and each of the parties hereto hereby ratifies
and confirms the terms and conditions of the Development Agreement. All references
herein to the Development Agreement shall refer to the Development Agreement as
amended by this First Amendment unless the text or context indicates otherwise.
6. Effective Date. This First Amendment shall become effective as of the date of the last
execution by a party hereto. Notwithstanding, if this First Amendment is not approved
and executed by the City on or before June 17, 2003 this First Amendment shall not be
effective.
-4
006 295759.
IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed by their duly authorized elected officials, partners, and/or officers as of the day
and year first above written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
WEST GROVES VENTURE, L.L.L.P., a
Florida limited liability limited partnership
By: West Groves (Orlando) AlP III,
L.L.L.P., a Florida limited liability
limited partnership, as its general
partner
By: Avanti Capital Associates, formerly
known as Avanti Properties Group,
J.V., a Florida joint venture, as its
general partner
By: Avanti Management Partners, J.V.,
a Florida joint venture, as its sole
managing venturer
By: Avanti Development Corporation, a
Florida corporation as its general
partner
By:
Print Name Name:
Title:
Print Name
(CORPORATE SEAL)
006.295759. _5_
STATE OF
COUNTY OF
I HEREBY CERTIFY that before me, personally appeared
, as of Avanti Development
Corporation, a Florida corporation, as general partner of Avanti Management Partners, J.V., a
Florida joint venture, as managing venturer of Avanti Capital Associates. formerly known as
Avanti Properties Group, J.V., a Florida joint venture, as general partner of West Groves
(Orlando) AID III, L.L.L.P., a Florida limited liability limited partnership, as general partner
of West Groves Venture, L.L.L.P., a Florida limited liability limited partnership, on behalf of
the partnership, to me known to be, or who has produced as
identification, and did (did not) take an oath the individual and partner described in and who
executed the foregoing conveyance and acknowledged the execution thereof to be his/her free
act and deed as such partner thereunto duly authorized, and the said conveyance is the act and
deed of said limited liability partnership
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not Eeri„Ie an xwu-
My Commission Expires(if not legible nn amp.
006.295759. _6
CITY:
Signed, sealed and delivered
in the presence of: CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift, Mayor
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 this ON , 2003 UNDER
day of , 2003. AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
006295759. -�
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before mc, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2003.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on.seap._
My Commission Expires of not legible on seal):
006.295759. -8
Orlando Sentinel
Friday,May 23, 2003
'NPMICE OF PUBLIC HEARING
CRY Of OCOEE
NOTICE IS HEREBY GIV-
EN.that the OCOEE CITY
COMMISSION will hold a'
PUBLIC HEARING an Tom-
at their mow 1
ar session.Juno0a 11S pa.or as
soon thereafter as possible,'
in Me Commission Cham-
bers. Ocoee Cliv Hal IJ5o'i
North Lakeshore Drive.
Ocoee. Florida to consider
amendments iision ePlan and
Final Subdivision Plan for
Weston Boy 1/k/a West
Groves pertaining to delet-
ing the requirement for
temporary emereefcy ac-
cess easement and road and
the timing of the Convey-
ofcertaintractsto the
City:The site Is located on
the northwest quadrant of
CR 431 and West Road ex•
tension.
The complete project tile,
Including a legal descriotlon
btthe subject property,may
e inspected at the Commu-
nity Development Depart-
Dera, ISO Norm Lakeshore
rive,between the hours of
Monday through Frriday,ex-
cept legal holidays.
The Ocoee City Commission
hmay continue the public
earing la other dotes and
times,as they deem neces-
sary. Any interested party
shall be advised that he
dates.limes,and places of
any continuation of this or
continued public hearings
shall be announced during
the hearing and that no ba-
ther notices regarding these
matters will be published.
Interested parties may ap-
and`betheanpublic respects to
me aoplicmian.Any person
who desires to appeal ny
decision made during the
public hearing mcy need a
record at the proceeding
and for this ourease may
need la ensure mat a verba-
tim record of the proceed-
Inas is mode which includes
the testimony and evidence
hazewhich the appeal Is
d.Persons with disabil-
ities needing assislence to
participate In ortv of the
proceedings should contact
hoursitIn advances at to
meeting at(ran 5013105.
CORS053081 5/E393