HomeMy WebLinkAboutVII(B 1-2) Ocoee Business Park - Project #LS-2001-007 •
Agenda 12-16-2003
Center of Good LIv. Item VII B 1&2
Mayor ,S,� "�""" �g Commissioners
S. Scott Vandergrift ::!!'1 . Danny Howell, District 1
0
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Jim Gleason <- ' ` Nancy J. Parker, District 4
STAFF REPORT
DATE: December 8, 2003
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Planne
THROUGH: Russ Wagner, Community Development Director
SUBJECT: Ocoee Business Park—Project# LS-2001-007
Final Subdivision Plan—Phase I
ISSUE:
Should the Mayor and City Commission approve the Final Subdivision Plan — Phase I and the
Amendment to the Development Agreement for Ocoee Business Park (a.k.a. CPB Family
Partnership), Project# LS-2001-007.
BACKGROUND:
Ocoee Business Park is an industrial/commercial subdivision containing 102.97 acres situated
along the south side of Franklin Street and encompassing lands just west of the Western
Beltway(S.R. 429) to land just east of Bowness Road. The overall development consists of ten
(10) industrial parcels of various sizes and two (2) commercial parcels along the south side of
Franklin Street, as well as wetland areas to be preserved on the east side of Bowness Road and
on the west side of the Western Beltway. The Preliminary Subdivision Plan for Ocoee Business
Park was approved on October 1, 2002.
DISCUSSION:
The Final Subdivision Plan — Phase I involves the southeast portion of the subdivision
comprising 9.802 acres, specifically Lot 1-1 and Lot 1-2. The improvements in Phase I are:
location of a retention pond at the southeast corner, construction of a lift-station at the southwest
corner or the intersection of the railroad tracks and Bowness Road, and construction of
approximately 2/3 of the south portion of Ocoee Business Parkway westward into the
subdivision. The retention pond will intrude into a portion of the wetland area at the southeast
corner. To accommodate the impact of the projected increased traffic generated on Bowness
Road, a southbound right turn lane with a storage length of 240 feet, and a northbound left turn
lane with a storage length of 240 feet will all be constructed with the development of Phase I.
The developer proposes to provide mitigation for the lost wetland function at the southeast
corner of Lot 1-1 by the expansion of the littoral zone of the retention pond according to St. John
River Water Management District regulations and by mitigating to Parcel 2.
+ The Honorable Mayor and City Commission
December 8,2003
Page 2 of 2
There is a proposed Amendment to the Development Agreement relating to construction of the
lift station which would be built during improvements to Phase I. The lift station will serve the
needs of the entire industrial subdivision with potential to serve the adjacent areas as well.
Condition of Approval # 31 states: "Prior to approval of the Final Subdivision Plan, the City and
Developer shall enter into an amendment to that certain Development Agreement recorded in
the official records Book 4228, Page 4325, public records of Orange County, Florida for the
construction of a lift station on City property adjacent to Tract 2-A. Upon completion of
construction of the lift station, the lift station improvements shall be conveyed to the City by bill of
sale in a form acceptable to the City."
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on December 3, 2003 and reviewed the Final
Subdivision Plan — Phase I for Ocoee Business Park. There was discussion concerning the
wetlands at the southeast corner of Phase I and how mitigation would be handled. There was
also discussion concerning the lift station and the Assistant City Attorney briefly went over the
Amendment to the Development Agreement involving the lift station and he also discussed the
Conservation Easement Agreement. The DRC voted unanimously to recommend approval of
the Final Subdivision Plan — Phase I for Ocoee Business Park subject to the execution of the
Amendment to the Development Agreement and execution of the Conservation Easement
Agreement.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
NOTE: In view of the meeting of the Planning and Zoning Commission meeting on December
9 and the deadline for getting the City Commission agenda packets out that afternoon, Staff
will verbally recite the proceedings and recommendation of the Planning and Zoning
Commission at the City Commission meeting of December 16th
.
STAFF RECOMMENDATION:
Based on the recommendation of the Development Review Committee, Staff recommends that
the Mayor and City Commission approve the Final Subdivision Plan — Phase I for Ocoee
Business Park (Project # LS-2001-007), as date stamped received by the City on December 5,
2003 subject to execution of the Amendment to the Development Agreement and execution of
the conservation easement agreement for the wetlands to be preserved.
Attachments: Final Subdivision Plan—Phase I, date-stamped December 5,2003
O:\Staff Reports\2003\SR03126 CC.doc
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0597
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq.,Assistant City Attorney
DATE: December 9, 2003
RE: Ocoee Business Park—First Amendment to Development Agreement
ISSUE:
Whether the City Commission should approve the proposed First Amendment to
Development Agreement.
DISCUSSION:
On October 16, 1990 the City and a predecessor in title to the Ocoee Business Park
property entered into a Development Agreement addressing, among other things,the conveyance
of certain property to the City for a future lift station. In connection with the current
development of the property, the City and the current owner have agreed to amend the existing
Development Agreement to provide that the developer will construct the lift station on the City
property. Upon completion of the lift station improvements on the City property the developer
would convey those improvements to the City by bill of sale. The First Amendment to
Development Agreement will be binding on the current owner as well as any subsequent
purchasers.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the First Amendment
to Development Agreement and authorize the execution thereof by the Mayor and City Clerk.
Attachment
FOLEY&LARDNER
006.318517.1
PREPARED BY:
Scott A. Cookson,Esq.
FOLEY&LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
RETURN TO:
For Recording Purposes Only
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407)905-3100
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(Ocoee Business Park: Project No. LS-2001-007)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Amendment") is made and entered into as of the _ day of , 200 (the
"Effective Date") by and between CPB FAMILY PARTNERSHIP, LLLP, a Florida limited
liability limited partnership, whose mailing address is 1135 Overbrook Drive, Orlando, Florida
32804 (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: City Manager (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the City and Caroline P. Brown and Frances P. McGehee
("Brown/McGehee") have heretofore entered into that certain Development Agreement dated
October 16, 1990 as recorded in Official Records Book 4228, Page 4325, Public Records of
Orange County, Florida (the "Development Agreement"); and
WHEREAS, subsequent to the recording of the Development Agreement
Brown/McGehee conveyed the property encumbered by the Development Agreement to
Owner; and
WHEREAS, the City and the Owner desire to modify certain terms and agreements
contained in the Development Agreement relating to construction of the lift station on the
City's property more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof(the "Property").
006.315124.2
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:
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Construction of Lift Station. The City and Owner hereby agree that,
notwithstanding any provision contained in the Development Agreement to the contrary, the
City hereby grants to Owner the right to enter upon the Property and to construct a public lift
station on the Property in accordance with that certain Final Subdivision Plan for Ocoee
Business Park - Phase 1 stamped received by the City of Ocoee on _, 200_ (the
"Phase 1 FSP"). The Owner shall bear all costs and expenses in connection with construction
of the lift station and shall not permit the creation of any lien on the Property in favor of any
contractor, materialman, mechanic, or laborer. Owner's entry on the Property relating to
construction of the lift station or otherwise shall be at the sole risk of Owner; Owner hereby
indemnifies, exonerates and agrees to save the City harmless from all losses, claims, liabilities,
actions, demands, costs and expenses, including reasonable attorney and paralegal fees and
expenses, arising from this Amendment or construction of the lift station on the Property or in
connected therewith, including any entry upon the Property by any agents or contractors of
Purchaser or its sub-agents or sub-contractors. Upon completion of construction of the lift
station and prior to issuance of a certificate of completion for the subdivision infrastructure as
set forth in the Phase 1 FSP, the Owner shall convey all improvements located on the Property
to the City by bill of sale in a form acceptable to the City.
Section 3. Covenant Running with the Land. This Amendment shall run with the
Property and inure to and be for the benefit 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 Property or any portion thereof.
Section 4. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the City's expense, in the Public
Records of Orange County, Florida.
Section 5. Counterparts. This Amendment 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. Effective Date. The Effective Date of this Amendment shall be the day
this Amendment is last executed by a party hereto and such date shall be inserted on Page 1 of
this Amendment. Except as amended hereby, all terms and conditions of the Development
Agreement shall remain in full force and effect.
006.315124.2 2
IN WITNESS WHEREOF, the Owner 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 OWNER:
in the presence of:
CPB FAMILY PARTNERSHIP, LLLP, a
Florida limited liability limited partnership
By:
Print Name
Print Name
By:
Name:
Its:
(SEAL)
I
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as the of as the
general partner of CPB FAMILY PARTNERSHIP, LLLP, a Florida limited liability limited
partnership, who [_] is personally known to me or [_] produced
as identification, and that he/she acknowledged executing
the same on behalf of said corporation and limited partnership in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 200
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):
006.315124.2 3
Signed, sealed and delivered CITY:
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
CITY OF OCOEE, FLORIDA. Approved as
to form and legality this
day of , 200 .
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the 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 , 200 .
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
006.315124.2 4
JOINDER AND CONSENT TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
The undersigned hereby certifies that it is the holder of a mortgage, lien or other
encumbrance upon the above described property, which encumbrance is recorded in Official
Records Book , Page , Public Records of Orange County, Florida and that the
undersigned hereby joins in and consents to and agrees that its mortgage, lien or other
encumbrance shall be subordinated to the foregoing First Amendment to Development
Agreement.
Signed, sealed and delivered
in the presence of: -
By:
Print Name: Name:
Title:
Print Name:
STATE OF
COUNTY OF
THIS IS TO CERTIFY that the foregoing instrument was acknowledged before
me this of , 200_ by as
of , on
behalf of the corporation. He/she is personally known to me or produced
as identification.
WITNESS, my hand and official seal in the County and State last aforesaid this
day of , 200_.
NOTARY PUBLIC
Printed Name:
Commission Expiration:
Commission Number:
006.315124.2 6
Commission Number(if not legible on seal):
My Commission Expires (if not legible on seal):
5
006.315124.2
EXHIBIT "A"
("Property")
•
•
7
006.315124.2