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Home My WebLink AboutV (D) Approval and Authorization for the Mayor and City Clerk to Execute the Proposed First Amendment to the Tri-Party Agreement with Orange County and Battaglia Fruit Company Agenda 5-20-2003 Center of Good Gf Item V D be v4 , Mayor �,rt4-�ca• Commissioners S. Scott Vandergrift '>O C OE Danny Howell, District 1 .•(d r� Scott Anderson, District 2 City Manager of , '- Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: May 14, 2003 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director SUBJECT: Orange County/City of Ocoee/Battaglia Fruit Company Tri-Party Agreement ISSUE: Should the Mayor and City Commissioners adopt an amendment to the subject agreement. BACKGROUND: The subject Tri-Party Agreement was entered into originally in 1994 at the urging of Orange County to protect the Claracona Rural Settlement Area from expanding urban growth. Subsequently, Orange County rezoned the land adjoining the Battaglia Property to commercial, thereby eliminating the need for the required 25-foot buffer. DISCUSSION: At their April 22, 2003 meeting, the Orange County Board of County Commissioners approved the First Amendment to the Tri-Party Agreement (attached) to eliminate the buffer requirement. The Amendment does, however, require the developer to notify prospective purchasers in writing and by visual display that the adjoining property is zoned commercial. The developer has agreed to these noticing provisions. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve the proposed First Amendment to the Tri-Party Agreement and authorize the Mayor and City Clerk to execute same on behalf of the City. Attachment: lst Amendment to Tri-Party Agreement O:\Staff Reports\2003\SR03051 CC.doc RAN(' CL`NTY GOVERNMENT April30. 2003 e I. ° n r n A Jim Gleason City Manager City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 SUBJECT: Orange County/City of Ocoee/Battaglia Fruit Company.Inc. Tri-Party Agreement Dear Mr. Gleason: As you know, on April 22, 2003. the Board of County Commissioners (BCC) approved the First Amendment to the Tri-Party Agreement Pertaining to Development Restrictions between Orange County, the City of Ocoee and the Battaglia Fruit Company, Inc. The amended Agreement waives the 25 foot wide landscape buffer along the eastern boundary of the Battaglia Property north of Clarcona-Ocoee Road. The amendment further requires that any potential purchasers of the single family lots, located along the eastern boundary of the Battaglia property. be notified that the adjoining property has a commercial land use and zoning designation. Such notice will be required both in writing and thmugh zoning maps displayed in any on-site sales offices. Prior to the BCC approval, the Agreement was executed by R. E. Battaglia, representing the Battaglia Fruit Company. Inc. The final component to the Agreement will be approval by the City of Ocoee. Please find enclosed three (3) original copies of the amended Agreement. Upon final execution. the City will retain an original copy. with the remaining originals being returned to Orange County for official record keeping and distribution to the Battaglia Fruit Company. Thank you in advance for your assistance on this matter. If you have any questions, please contact myself or Andrea Batsstone at 407-836-5600. Sincerely. Chris Testennan. AICP Cf/AB/gh Anachmenls (3) c. Teresa Jacobs. Commissioner, District 1 David C. Heath, AICP, Deputy County Administrator Linda Akins, Intergovernmental Affairs Coordinator Vivien Monaco, Assistant County Attorney Russell B. Wagner, AICP. City of Ocoee Miranda F. Fitzgerald, Esquire PLANNING (DIVISION CIIRISTOI9IER IL l ES 1'1 RMLLN. Manoger 261 smith Hosatiuri.4envc, 2nd Dino-•Reply lo: Iha Oflle.Il11rc 1;inK Vudundi,, PLdssn_-IM”3 r�tat d� �w$(17-k3 i9n0U•FAX ru>zxxN.SHGa•w'vw.nhlerM,<.ru AP40ov co THIS INSTRUMENT WAS PREPARED BY RV acasD AND SHOULD BE RETURNED TO: OF CuL,Me -.;,n Miranda F.Fitzgerald,Esquire 2O3 Ai(Es Lo"ndes. Drosdick, Doster,Kantor&Reed,P.A. 215 North Eola Drive Post Office Box 2809 Orlando.FL 32802-2809 (407) 843-4600 FIRST AMENDMENT TO TRI-PARTY AGREEMENT PERTAINING TO DEVELOPMENT RESTRICTION This FIRST AMENDMENT TO TRI-PARTY AGREEMENT is made and entered into as of this day of , 2003, among Orange County, Florida, a political subdivision of the State of Florida, whose mailing address is 201 South Rosalind Avenue, Orlando, FL 32801 (the "County"); the City of Ocoee, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Drive, Ocoee, FL 34761 (the "City"); and R. E. Battaglia whose mailing address is Post Office Box 3010, Winter Park,FL 32790-3010 ("Battaglia"). WITNESSETH • WHEREAS, on February 11, 1994, the County, the City, and Battaglia Fruit Co., Inc., also known as Battaglia Fruit Company, Inc., and S.C. Battaglia, Trustee, entered into that certain Tri-Party Agreement Pertaining to Development Restriction (the "Agreement"), recorded at Official Records Book 4702, Page 2602 of the Public Records of Orange County; and WHEREAS, R. E. Battaglia is the successor in interest to the fee simple title of certain real property located in Ocoee, Florida, as described in Exhibit "A" attached hereto and by this reference made a part hereof(the "R. E. Battaglia Property"); and WHEREAS, Section 2 of the Agreement states: Battaglia hereby voluntarily imposes on the Battaglia Property the following development restrictions: (a) that certain 25 foot landscape buffer located at the eastern boundary of the Battaglia Property north of Clarcona-Ocoee Road as more particularly described and set forth on that certain site plan attached hereto as Exhibit `B" and incorporated herein by reference, and (b) that certain 10 to 25 foot retention buffer located on the western boundary of the Battaglia Property north of Clarcona-Ocoee Road, as narratively described and set forth on said Exhibit `B". WHEREAS, the 25 foot landscape buffer located at the eastern boundary of the R. E. Battaglia Property was originally required to buffer a proposed higher density residential use on the Battaglia Property from a lower density residential use on the adjoining property and also to provide access to the West Orange Trail from Clarcona-Ocoee Road; and WHEREAS, the adjoining residential property has since been rezoned to commercial and safety concerns have caused the City to propose an access to the West Orange Trail from a location internal to the Battaglia Property that would not connect with Clarcona-Ocoee Road. NOW THEREFORE, the Agreement is hereby amended as follows: 1. Section 2 is hereby deleted in its entirety and in place thereof shall be inserted the following: Battaglia hereby imposes on the Battaglia Property the following restrictions: (a) a 10 to 25 foot retention buffer shall be located on the western boundary of the Battaglia Property north of Clarcona-Ocoee Road, as narratively described and set forth on Exhibit `B" attached hereto and incorporated herein by reference; and (b) until such time as development occurs on the immediately adjacent property to the east, any potential purchasers of single family lots north of Clarcona-Ocoee Road along the eastern 2 boundary of the Battaglia Property shall be provided written notice from their seller prior to closing advising them of the adjacent property's zoning designation. (c) the subdivision developer shall place a map in a prominent location in any on-site sales office that depicts the zoning designation on the adjacent properties. The map shall also indicate that potential purchasers should contact the Orange County Zoning Department with any questions regarding the zoning on the adjacent properties. 2. Entire Agreement. Except as specifically amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the County, the City, and Battaglia have executed this First Amendment to Tri-Party Agreement Pertaining to Development Restrictions and have set their seals hereto as of the date set forth above. ly" . {,;y {;..s ,.COUNTY„ 1,1§ ORANGE COUNTY, FLORIDA i t OC area. 1 „ e" � Rich rotty sy.(4, i R County Chairman ATTES"I': (SEAL) C .. /di& fta a O. Hayni , County Comptroller ,Elerk to the oard of County Commissioners (SIGNATURE BLOCKS CONTINUED ON FOLLOWING PAGES) 3 ..CITY„ APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2003, UNDER AGENDA ITEM NO. CITY OF OCOEE S. Scott Vandergrift Mayor ATTEST: (SEAL) Jean Grafton City Clerk APPROVED AS TO FORM FOR USE AND RELIANCE ONLY BY THE CITY 0E JCOEE APPROVED AS TO FO,ttl AND LEGALITY By: this day ci 20 Paul Rosenthal Foley & Lardner CityAttorneyBy: clay Attorney (SIGNATURE BLOCKS CONTINUED ON FOLLOWING PAGE) 4 "BATTAGLIA" R. E. Battaglia STATE OF FLORIDA COUNTY OF ORANGE The, foregoing instrument was acknowledged before me this P ' day of , 2003, by R. E. Battaglia. He is personally known to me or has prod ced as identification. ,.,,! Witness my hand and official seal in the County and State last aforesaid this 7"" day of , 2003. C ,ci_Q heeikzedek Notary Public Print Name:J 4-A.pticea)4�e7?4L (NOTARY SEAL/STAMP) ,_ �'h"?l' • Carol A.Duckworth 027 004/3 8 3 0 6/60983 6.4 z l MY COMMISSION#CC852154 EXPIRES + August 10,2003 BJNOED THR0 Ia0Y IPA IN6NRANa NC 5 21'Landscape/Bella 'O Pa ar, I M r.( n e} ;i y I r rY I r to Trans Buffer is�i J I � kTR r rvf P,��* rrv{� � 4yt � + p.t �, I. at LI ,i I ' - +ft ly E, z-. Ott 1 . 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