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HomeMy WebLinkAboutVI(E) Approval of Agreement with Westgate Resorts Regarding Scotty's Site for Parking Agenda 11-18-2003 Item VI E Centex of Good Mayor ,S,�e Lt'Iz2 Commissioners S. Scott Vandergrift , • t i ; Danny Howell, District 1 C0Scott Anderson,District 2 City Manager Rie Rusty Johnson,District 3 Jim Gleason " , Nancy J. Parker,District 4 STAFF REPORT DATE: November 10, 2003 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager 's THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Approval of Agreement with Westgate Resorts, Ltd. ISSUE: Should the Mayor and City Commissioners approve a proposed agreement with Westgate Resorts, Ltd. which ties two parcels together so that parking spaces are not double counted? BACKGROUND: Westgate Resorts, Ltd. owns a large building at 2801 Professional Parkway ("Office Property') that is used as office space for a call center. There are not enough parking spaces to accommodate all of its employees on the Office Property, so Westgate Resorts, Ltd. has acquired the old Scotty's store property which is adjacent to the Office Property, at 10770 West Colonial Drive ("Colonial Property"). Westgate Resorts, Ltd. proposes to construct a vehicular and pedestrian driveway between the two properties to allow emergency access and to provide the Office Property with additional indoor and outdoor off-site parking. DISCUSSION: The proposal to construct a vehicular and pedestrian driveway between the two properties is being processed as a site plan amendment for the Colonial Property. However, the proposal to use the Colonial Property for off-site parking related the Office Property will limit the potential future use of that property for parking related to the old Scotty's building, or any other development on the Colonial Property. This Agreement is required to tie the two properties together so that parking spaces are not double counted (counted for the Office Property, but the same spaces counted for the Colonial Property). RECOMMENDATION: Staff respectfully recommends approval of the attached agreement with Westgate Resorts, Ltd., and authorization for the Mayor and City Clerk to execute the Agreement. Attachment: Agreement with Westgate Resorts,Ltd. O:\Staff Reports\2003\SR03118 CC.doc City of Ocoee• 150 N Lakeshore Drive •Ocoee, Florida 34761 phone: (407 905-31(X)• fax:(407)656-8504•www.ci.ocoee.fl.us THIS INSTRUMENT PREPARED BY: Robert B.Jackson,Esq. GREENSPOON,MARDER,HIRSCHFELD, RAFKIN,ROSS&BERGER,P.A. 135 W.Central Blvd.,Suite 1100 Orlando,FL 32801 (407)425-6559 AGREEMENT -r14 THIS AGREEMENT (hereinafter Agreement ) is made and entered into this J b day of 2003, by and between WESTGATE RESORTS, LTD., a Florida limited partnership (hereinafter"Westgate"), 5601 Windhover Drive, Orlando, FL 32819, and the CITY OF OCOEE, a Florida municipal corporation (hereinafter the "City"), 150 N. Lakeshore Drive, Ocoee, FL 34761. PRELIMINARY RECITALS A. Westgate is the owner of certain improved real property situated within the corporate limits of the City of Ocoee, County of Orange, State of Florida with a street address of 2801 Professional Parkway, Ocoee, FL 34761 more particularly described on Exhibit "A" attached hereto and incorporated herein (hereinafter"Office Property"); and B. Westgate is also the owner of certain real property contiguous to the Office Property within the corporate limits of the City of Ocoee, County of Orange, State of Florida with a street address of 10770 West Colonial Drive, Ocoee, FL 34761 more particularly described on Exhibit "B" attached hereto and incorporated herein (hereinafter "Colonial Property") which currently allows for retail uses and has parking facilities required to meet the needs thereof. C. Westgate desires to construct a vehicular and pedestrian driveway between the Office Property and the Colonial Property (hereinafter "Driveway") in order to facilitate emergency and other access between the properties and to otherwise utilize the Colonial Property, including the improvements situated thereon, to provide the Office Property with additional indoor and outdoor off-site parking. D. As a condition to the approval to the modification of the site plan for the Colonial Property to permit the offsite parking thereon for the benefit of the Office Property and the approval and issuance of permits for construction and use of the Driveway, the City is requiring Westgate to enter into this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by the parties, Westgate and the City hereby agree as follows: 1. The Preliminary Recitals set forth above are incorporated herein and made a part hereof. 2. Westgate hereby agrees that for so long as Westgate is utilizing parking spaces on the Colonial Property for the benefit of the Office Property, any such parking utilized on the Colonial Property for the benefit of the Office Property shall not be included by the City for purposes of the City computing whether there is sufficient parking available to permit any proposed future modifications to the site plan for the Colonial Property or any proposed future use of the Colonial Property based upon the then applicable City code requirements and regulations with respect to parking (depending upon the proposed use). 3. Westgate and the City hereby acknowledge and agree that nothing contained in this Agreement shall prevent and/or prohibit Westgate from seeking and making future modifications to the site plans of either the Office Property or the Colonial Property or the use thereof. Moreover, nothing contained herein shall prevent or prohibit Westgate from selling, conveying, leasing, licensing, encumbering, or disposing of all or any portion of either the Office Property or the Colonial Property. 4. The City acknowledges and agrees that Westgate may discontinue use of the Driveway and thereafter elect to terminate this Agreement at any time and be relieved of any and all obligation and liability hereunder providing written notice to the City. Upon delivery of such notice, Westgate and the City shall execute a notice of such termination which shall be 'recorded by Westgate in the public records of Orange County, Florida. 5. Nothing contained herein shall be construed as a waiver by the City of its rights and privileges under the Ocoee City Code and applicable law to now or hereafter require that the Colonial Property and the Office Property both comply with all applicable parking requirements with respect to the use of said properties. 6. This Agreement may not be amended without the written agreement of both Westgate and the City. 7. 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(ii) 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. 8. This Agreement shall run with the Colonial Property and the Office Property and inure to and be for both the benefit and burden 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 Colonial Property or the Office Property or any portion thereof. 9. Notwithstanding anything contained herein to the contrary, in the event that Southtrust Bank, its successors or assigns ("Southtrust"), acquires title to: (1) the Office Property then it shall have the option (without the joinder of Westgate or its successor or assign) to either (a) keep this Agreement in full force and effect, or (b) to discontinue use of the Driveway and thereafter to cancel this Agreement, by giving the City written notice of its election, (2) the Colonial Property then it shall have the option (without the joinder of Westgate or its successor or assign) to either (a) keep this Agreement in full force and effect, or (b) to discontinue use of the Driveway and thereafter to cancel this Agreement, by giving the City written notice of its election. 10. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at Westgate's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Westgate, execute and deliver letters affirming the status of this Agreement. 2 11. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date and year first above written. "Westgate" Witnesse : WESTGATE RESORTS, LTD., a Florida j limited partnership f By: Westgate Resorts, Inc., a Florida i / ` • • • atio •eneral partner Print Na Armifflwr. ez— j 0 / / 'avid A. Siegel, President -r t Name: LECAla hUn 2ELL STATE OF FLORIDA COUNTY OF ORANGE The^ foregoing instrument was acknowledged before me this /(j day of a, 1/41,1, __ , 2003 , by David A. Siegel, as President of Westgate Resorts, Inc., a Florida orporation, the general partner of Westgate Resorts, Ltd., a Florida limited partnership, on behalf of said corporat'on and partnership who: [ is personally known to me; or [ ] who has produced as identification. . , # / ----. -- 01)-- 4.'(-)6,,a(Li Notary P is 4;4.,,% Norma J.MacNeal *. ,.% ;.:MY COMMISSION# Dp020916 EXPIRES cru May 31,2005 ,..4::-.3,......7„:61_•%1"; •.�y�:o '''',7''• ES' BONDED THRU TROY FAIN INSURANCE,INC OFA h.•� 3 Signed, Sealed and Delivered "City„ in the Presence of: CITY OF OCOEE, FLORIDA Print Name: By: S. Scott Vandergrift, Mayor Print Name: ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 20_ LEGALITY this day of UNDER AGENDA ITEM NO. , 20_ 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 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and , personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE 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. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 20 4 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): Acknowledged, consented, and agreed to this/b day of/k remit ';2003. SOUTHTR TBA /_ By: .✓_ v Name: ' AP/ARM Its: AMIIre igif STATE OF FLORIDA COUNTY OF ORANGE The foregoing instru ent was acknowledged ,before me this 101A day of it'04-etnbr , 2003, by i4lJ e se4') , as V ice- ecestieeri" of Southtrust Bank, on behalf thereof who: [14<ersonally known to me; or [ ) who has produced as identification. 0.42.t.z.cif---.. a e-t4-4-1%-----' otary Public PATRICIA A. • q�1 G:\ROB\CFIGEN\Ocoee\LotTyingAgt6.doc �� SI' ' #OD178871i !XP1S 04/0512007 • PATRICIA A.COHAN NOTARY PUBLIC-STATE OF FLORIDA COMMISSION#D0178979 t EXPIRES 04/05/2007 BONDED THRU 1-$8840TARY1 - 5 EXHIBIT "A" Begin at the Southwest corner of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 29,Township 22 South, Range 28 East,-Orange County, Florida, run North 00 degrees 36 minutes 37 seconds West, along the West line of said Northeast Quarter of the Northwest Quarter, of the Northwest Quarter a distance of 165.05 feet to a point 420 feet South of the South right-of-way line of State Road 50; thence North 89 degrees 35 minutes 47 seconds East, parallel with said right-of-way, 464.18 feet; thence run South 00 degrees 36 minutes 37 seconds East,795.15 feet to the North right-of- way line of Old Winter Garden Road Extension; thence run South 89 degrees 26 minutes 23 seconds West, along said North right-of-way line 464.18 feet to the West line of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 29;thence run North 00 degrees 36 minutes 37 seconds West, 631.21 feet to the POINT OF BEGINNING. • TOGETHER WITH the rights of Grantor in and to those certain Non-Exclusive Easements(hereinafter called the"Easements") granted in Official Records Book 3610,at Page 297; and modifed by the Notice of Easement Relocation recorded in Official Records Book 4855, Page 5000; and the easement in Official Records Book 3614, at Page 2688,with Amendment to and Clarification of Easement Agreements recorded in Official Records Book 3877, Page 5178, all of the Public Records of Orange County, Florida, which are appurtenant to the above described property EXHIBIT "B" Lot 1, SCOTTY'S OCOEE, according to the plat thereof as recorded in Plat Book 36, Pages 130 and 131, Public Records of Orange County, Florida. • { i''