HomeMy WebLinkAboutItem #11 - Joinder and Consent to First Amend. - Ocoee Commons PUD
AGENDA ITEM COVER SHEET
Meeting Date: April 17, 2007
Item # II
Contact Name:
Contact Number:
Nick Palmer
407 -423-7656
Reviewed By:
Department Director:
City Manager:
~---
Subject: Joinder and consent to First Amendment to Declaration of Easements, Covenants,
Conditions and Restrictions for Ocoee Commons PUD.
Background Summary:
Ocoee Commons, LLC and Blackwood/50, LLC (collectively, the "Applicant") have requested that the City
consent to the first Amendment, which upon recording in the Public Records, will serve to amend the
Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee Commons PUD.
The First Amendment amends the Ocoee Commons Declaration to provide for reciprocal cross parking
easements over and across the individual parking areas located within Lots 02 and Lot Q of Ocoee Commons
PUD and Lots 1 and 2 of Blackwood at Ocoee Commons (being a replat of Lot 01 of Ocoee Commons PUD).
The cross parking easements granted pursuant to the first Amendment are for the benefit of the owners of all
such lots.
Issue:
Should the Mayor and City Commission consent to the First Amendment to the Declaration of Easements,
Covenants, Conditions and Restrictions for Ocoee Commons PUD (the "Ocoee Commons Declaration").
Pursuant to Section 19.2(b) of the Ocoee commons Declaration, no amendment thereto shall be effective
unless such amendment is consented to in writing by the City.
Recommendations
Staff respectfully recommends that the Mayor and City Commissioners consent to the First Amendment to the
Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee Commons PUD.
Attachments:
First Amendment to the Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee
Commons PUD.
Financial Impact:
Type of Item: (please mark with an "x'J
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_____Consent Agenda
_____ Public Hearing
_____ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
N/A
N/A
N/A
: FOLEY
FOLEY" LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
Nicholas N. Palmer, Assistant City Attorney /~
FROM:
THROUGH: Paul E. Rosenthal, City Attorney
DATE:
April 10, 2006
RE:
Joinder and Consent to First Amendment to Declaration of Easements, Covenants,
Conditions and Restrictions for Ocoee Commons PUD
ISSUE:
Should the Mayor and City Commissioners consent to the First Amendment (the "First Amendment") to
Declaration of Basements, Covenants, Conditions and Restrictions for Ocoee Commons PUD?
DISCUSSION:
Ocoee Commons, LLC and Blackwood/50, LLC (collectively, the "Applicant") have requested that the
City consent to the First Amendment, which, upon recording in the Public Records, will serve to amend
the Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee Commons PUD (the
"Ocoee Commons Declaration"). Pursuant to Section 19.2(b) of the Ocoee Commons Declaration, no
amendment thereto shall be effective unless such amendment is consented to in writing by the City.
The First Amendment amends the Ocoee Commons Declaration to provide for reciprocal cross parking
easements over and across the individual parking areas located within Lots D2 and Lot Q of Ocoee
Commons PUD and Lots 1 and 2 of Blackwood at Ocoee Commons (being a replat of Lot Dl of Ocoee
Commons PUD). The cross parking easements granted pursuant to the First Amendment are for the
benefit of the owners of all such lots.
STAFF RECOMMENDATIONS:
Staff respectfully recommends that the Mayor and City Commissioners consent to the First Amendment
and authorize the Mayor to execute a Joinder and Consent to the First Amendment, as requested by the
Applicant.
ATTACHMENTS:
First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions for Ocoee
Commons PUD.
ORLA_ 441860.1
Prepared By And After Recording
Return To:
Craig A. Minegar, Esquire
Winderweedle, Haines, Ward &
Woodman, P.A.
Post Office Box 880
Winter Park, Florida 32790-0880
FIRST AMENDMENT TO
DECLARATION OF EASEMENTS. COVENANTS.
CONDITIONS. AND RESTRICTIONS FOR
OCOEE COMMONS PUD
THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS,
CONDITIONS, AND RESTRICTIONS FOR OCOEE COMMONS PUD ("First Amendment")
is made and entered into thiV~-1 day of ~II~ ,2007, by OCOEE COMMONS,
LLC, a Florida limited liability company ("y1CLLC"), and BLACKWOOD/50, LLC, a Florida
limited liability company ("Blackwood") (OCLLC and Blackwood are hereinafter collectively
referred to as the "Declarant").
RECITALS
WHEREAS, Declarant executed that certain Declaration of Easements, Covenants,
Conditions, and Restrictions for Ocoee Commons PUD (the "Declaration"), recorded March 20,
2005 in Official Records Book 7896, Page 622, Public Records of Orange County, Florida; and
WHEREAS, Declarant desires to amend the Declaration in certain respects as set forth
hereinbelow, pursuant to Section 19.2 of the Declaration;
NOW, THEREFORE, Sections 2.1 and 2.8 ofthe Declaration are hereby amended and
restated as follows:
"2.1 Grant of Easements to Owners. The Declarant hereby grants to: (a) Owners of
Lot 1 and Lot 2, Blackwood at Ocoee Commons, a Replat of Lot D 1, Ocoee Commons
PUD, per Plat of Blackwood at Ocoee Commons recorded in Plat Book 62, Page 125, Public
Records of Orange County; and to (b) Owners of Lot D2 and Lot Q, Ocoee Commons PUD,
per Plat of Ocoee Commons PUD recorded in Plat Book 60, Page 92, Public Records of
Orange County, Florida, for the use and benefit of such Owners and their respective
Permittees, perpetual, non-exclusive, and reciprocal easements: (a) for access, ingress and
egress, over and across the Private Easement and all Paved Areas; and (b) for parking. within
all areas within the Paved Areas improved from time to time for the purposes of parking and
not expressly identified as "reserved parking" by such Owners or their respective Permittees
Page 1 of4
(the "Parking Areas"); so as to provide: (a) for the passage of motor vehicles (except for
vehicles with non-standard or no tires such as bulldozers) and pedestrians between and
across all portions of the Paved Areas intended for the purposes of access, ingress, and
egress, and to and from all abutting streets or rights-of-way furnishing access to the Lots; and
(b) reciprocal parking rights with respect to all such Parking Areas. The easements provided
by this Section 2.1 shall not include any drive-through lanes located on a Lot."
"2.8 Limitations. The easements over the Private Easement, Paved Areas and
Platted Easement Areas established hereby are not intended to be, and shall not be construed
as, easements for vehicular parking or standing except as expressly set forth herein, and the
granting of such easements shall not be used, or in any way relied upon, by any Owner or
Permittee for complying with applicable regulatory parking ratio requirements. The Owners
shall use their best efforts to ensure that their respective Permittees do not litter or otherwise
degrade the quality and environment of the Paved Areas."
Except as expressly modified in this First Amendment, the Declaration shall remain in full
force and effect as originally recorded, and the Property and all present and future Owners and
occupants of the Property shall be and hereby are subject to the terms, covenants, easements,
restrictions and conditions hereinafter set forth in the Declaration, as amended.
Page 2 of 4
IN WITNESS WHEREOF, Declarant has executed this First Amendment of the date first
written above.
WITNESSES:
OCOEE COMMONS, LLC, a Florida
limited liability company
~&7fii/t-P.( By: F~d:K/~
~ ~ As its: Managing Member
(-~ ..~i
Print Name: 'J j{j Ikb~
BLACKWOOD/50, LLC, a Florida limited
liability company
By it:r~~)
F. omas stIer
As its: Managing Member
Page 3 of4
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this J..t day of~~" , 2007
by F. THOMAS USTLER, as the Managing Member ofOCOEE COMM~lorida
limited liability company, on behalf of the limited liability company. He is .E-ersonally known to me
(or he produced as identification).
... , Notary PiJ)1ic $18ts or FIOOiI
!~~ Donna L Weber
'Cl~ 3 My Commission D0607025
~Of,." Exnlres 10/2512010
UJ!i~#Jd-
ntName: '.LA ~
State of Florida at Large ( eal)
My Commission Expires:
ST ATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ~ day of , 2007,
by F. THOMAS USTLER, as the Managing Member of BLACKWOOD/50, L , a Florida limited
liability company, on behalf of the limited liability company. He is Q.,ersonally known to me (or he
produced as identification).
!~,
\;Of~
Notary PubUc SIll.. 01 FIoridlI
Oonlll L WIber
My Commlaalon 00607025
EXDIres 10/25/2010
~LlC:
rintName: }1/jf$-J~
State of Florida at Large (Seal)
My Commission Expires:
R:\USTLERIOCOEE COMMONSIOCOEE COMMONS POA\PUD DECL. OF EASEMfNTS-OCOEECOMMONS\FlRST AMENOMENTTO P\JD DECI AIlATION-OCOEE COMMONS.DOC
53247
Page 4 of 4
Prepared By ADd Afte'r RecordiDa
Retum To:
Craig A. Minegar, Esquire
Winderweedle, Haines, Ward &:
Woodman, P.A.
Post Office Box. 880
Winter Pm. Florida 3279~880
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
AND RESTRlcrIONS FOR OCOEE COMMONS POO
RECORDED IN OFFICIAL RECORDS BOOK 7896, PAGE 621
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
The undersigned, BANK OF AMERICA, N.A., a national banking association. whose
mailing address is NCI-023-03-03, 525 N. Tryon Street, 3n1 Floor, Charlotte, NC 28255, Attn:
FLOCOCOOO, as tenant of the property described on Exhibit A attached hereto and incoIpOrated
herein by reference, hereby joins in and consents to the First Amendment to Declaration of
Easements, Covenants, Conditions. and RestrictioDS for Ocoec Commons PUD. to which this
Joinder and Consent is attached.
Signed. sealed and delivered
in the presence of:
~
Print Name: .:Tc.llrb .p~M4
G)ffi~h' ~
Print Name: . ~P-.. CJ'wr;)
~
STATE OF
COUNTY OF " \\..0 -
The foregoing instrument was acknowledged before me this~ dayo~2006.
bA-\,t~n'\U\\c.W\ as ~f of BANK OF AMERICA, a
national b . association. on behalf of said ~ who is ~ersonally' known to me or who
produced as identification -
BANK OF AMERICA, a nadonal banking
association
By. ~
Name:' ~;,. ~ .1J1 kll~~
Title:
~~w ~6\WA
NOTARY PUBLIC. ST AIE OF FWlUDA f1Su> rn._lfi'o
Commission Expires: '1 ,.. dl- d.o I 0
l:IlIS'IUINXOIECQMIO\IS\OCOIECOIOlONS POA\PUDllECL-OF~~1ST .ulEIQ:lMENTTODID..IIo\IIltOfAMllIIC\.IlOC
"I:lI:lG06(1,J9 fWl
Prepared By And After Recording
Return To:
Craig A Minegar, Esquire
Winderweedle, Haines, Ward &
Woodman, P.A
Post Office Box 880
Winter Park, Florida 32790-0880
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR OCOEE COMMONS PUD
RECORDED IN OFFICIAL RECORDS BOOK 7896, PAGE 622
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
The undersigned, MERCANTILE BANK, a bank organized and existing under the laws of
Florida(AMortgagee@), whose mailing address is 1560N. Orange Avenue, Suite 300, Winter Park,
Florida 32789, hereby certifies that it is the owner and holder of that certain Mortgage and Security
Agreement recorded in Official Records Book 6936, Page 2732, and UCC-I Financing Statement
recorded in Official Records Book 6936, Page 2748, Public Records of Orange County, Florida and
that the undersigned hereby joins in and consents to the First Amendment to Declaration of
Easements, Covenants, Conditions, and Restrictions for Ocoee Commons PUD to which this Joinder
and Consent is attached.
MERCANTILE BANK, a bank organized and
existing under the laws of Florida
~~~~-
Title: A V f
Signed, sealed and delivered
in the presence of :
---
Prin Name: l---l'-/h'l.;f'- JYt~
STATEOFFL~A
COUNTY OF ~ .-::-: ~
~~q-
~ The foregoing ins~t wa~:c!<RoWledged before me tbi,.5:Ji:1> day of~t-"er,
by:.) Dhr"l c... ~ ~ as Vf' of MERCANTILE BANK, a bank
organized and existing under the laws of Florida, on behalf of said bank, who is personally known to
me or who produced as identification-
~>>~'';ih USAunHfiSEN I
~; .'~ MY COMMISSION' 00568802 I
, . EXPIRES: Seplember 22, 2010
~ilf.~ IlalDdlbN~P&MaUndlnillln
, STATE OF FLORIDA
xprres:
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1/312007(11:21 AM)
P1'8pared By A.d After R.l:OI'dil1g
Retlzna T C):
Cra.lg A. Minr:gar, Esquil'Cl .
WindelWtedle. Haines, Ward &;
Woodman. P.A.
Post Office Box 880
Winter Park, Florida 32790--0S80
. '.,r%'" 1 'Ot../IllL u-ot;11
,.
"
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
. AND RESTRICTIONS 'OR OCOEE COMMONS PUD
RECORDED IN OFFICIAL RECORDS BOOK 7896, PAGE 611
PUBLIC RECO.RDS OF ORANGE COUNTY, FLORIDA
The undersigned, MODERN WOODMEN OP AMERICA, an ntinois corporation
("MortgllgeeJl), whose maUing address is 1701 FirstAve.u\1e, Rock bland, IL 6120 I, hereby certifies
tbat it is the owner and bolder of that cettain Mottgage and Security AiI'eem.ent recorded in Offioial
Records Book 8178. PAge 3091, Public ltecorda of Orange County, Florldaand thattheundenigncd
hereby joins in and consents to the First Amendment to Declamtion of Eascment9, Covenants,
Conditions, and Restrictions for Ocoec CommOIl6 POO to which this Joinder and Consent is
attached.
Signed, sealed and delivtred
in the presence of :
4f!(0(J -" A 1
Pnn Name: G. P. Odean
p~~
STATE OF ILLINOIS
COUNTY OF ROCK ISLAND
MODERN WOODMEN OF AMERICA,
..DU~"A -
By: "-.~ A4 .
Name: ck S. Coin
Tit~; Treasurer & Investment Manager
The foregomg Instrument was acknowl.edjed before me this 30th day of January,
2007, by Nick S. Cpin as Treas. & Inv. Mar. ofMQDERNWOODMEN
OF AMERI~ an illinois oazpol'lltion, on behalf of .aid corporation, who is 1m] personally
known to me ot' r 1 who produced as identification
~. OFFICIAl. SEAl
~ MeLISSA L. MAYERS. '
NOTARV PUBLIC. STATE OF ILUNOIS
MY COMMISSION 15XI"IAiS 3-22.2010
.~ -Ji/la~~.A
NOTARYPtfBLlC .
Commission B'Xpircs; 3-22 -2010
IIWNl"7.w:a.1llNTS\UTAr~~COMMOl<llfOAlI'\Jl)lJJIC1.Of~~COWIoollNS\lOlNllllYlMTJ.MIlNIlYIlNT1OllI!CL-
~~ or AloIEIIC<l.UOC
\l19(.l04l'(11l11~
Prepared By And After Recording
Return To:
Craig A. Minegar, Esquire
Winderweedle, Haines, Ward &
Woodman, P.A.
. Post Office Box 880
Winter Park, Florida 32790-0880
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR OCOEE COMMONS PUD
RECORDED IN OFFICIAL RECORDS BOOK 7896, PAGE 622
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
The undersigned, MID-FLORIDA CARDIOLOGY SPECIALISTS, P.A., a Florida
professional association, whose mailing address is 1717 S. Orange Avenue, Suite 105, Orlando,
Florida 32806, as owner of the property described on Exhibit A attached hereto and incorporated
herein by reference, hereby joins in and consents to the First Amendment to Declaration of
Easements, Covenants, Conditions, and Restrictions for Ocoee Commons PUD, to which this
Joinder and Consent is attached.
Signed, sealed and delivered
in the presence of:
SPECIALISTS
sodation IirrC5. ":rA ve.slor:s
. I-L~
By:
Name:
Title: .
STATE OF FL<rf~~ _-"
COUNTY OF ~ ~
a. The Tf.}"gt'trumenlfas acknowledg<;d before me this ;) r'day OfS~~ 07
by Yt1fJ! IJ Or'/) /11.U. ~l1fi/f1-r /l1,flJlje,- of MID-FLORIDA
CARD~OLOGY ~P!fJlI~J-...9lk.-.~a F ri professional association, on behalf of said
professlOnal asSOCiatIon, ~o is r---IL...J personally known to me or r ] who produced
as identificatio .
(Q""" USA MARIE HSINAIIleZ
~: ~ MY COMMISSION' DO 314U
\. . EXPIRES; ApOl 29. 2008
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R:lusnERIOCOEE COMMONS\OCOEE COMMONS POA\PUD DECL. OF EASEMENTS-OCOEE COMMONS'JOINDER-FlRST AMENDMENT TO DECL- MIDFL CARDlOLOGY.DOC
11312007 (11:23 AM)
Prepared By And After Recording
Return To:
Craig A. Minegar, Esquire
Winderweedle, Haines, Ward &
W oodrnan, P.A.
Post Office Box 880
Winter Park, Florida 32790-0880
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR OCOEE COMMONS PUD
RECORDED IN OFFICIAL RECORDS BOOK , PAGE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
The undersigned, W ACHOVIA BANK, NATIONAL ASSOCIA nON, a national banking
association (AMortgagee@), whose mailing address is 225 Water Street, Jacksonville, Florida 32202,
hereby certifies that it is the owner and holder of that certain Mortgage and Assignment of Rents
recorded in Official Records Book 8297, Page 2402, Public Records of Orange County, Florida and
that the undersigned hereby joins in and consents to the First Amendment to Declaration of
Easements, Covenants, Conditions, and Restrictions for Ocoee Commons PUD to which this Joinder
and Consent is attached.
Signed, sealed and delivered
in the presence of:
~~//JL
Print Name: R ~" T H" ....<>^-
,~ .~
QtNam~. A; - - .
W ACHOVlABANK, NATIONAL ASSOCIATION,
a national ban 'ng association
By:
Name:
Title:
STATE OF FLORIDA
COUNTY OF Or"'T\DfJ
Th. furegoing instrument was i"OWledged before me !bis 'tP- day of
.. ,2007,byt:'4Mbtrl JLa'I7~ as~. tj)f1 ~ of
W ACHO BANK, NATIONAL ASS IATION, a national ~~ation, on behalf of
said bank, who is personally known to me or who produced ~ ~ as
identification
,..uu.",
,,'~~ ~\ Deann Ruhe
r-i :~ MY COMMISSION I 00233732 EXPIRES
~.:ox: July 21 21107
''IJf:m.~fI BONDED 1HlU T1lOY fMlIHSURANCf, INC
NOT Y PUBLIC, STATE OF FLORIDA
Commission Expires:
R:\USTLERIOCOEECOMMONSIOCOEE COMMONS PO"IPUD DECL. OF ~SEMENTS.ocOEE COMMONS'.IOINDER-FIIlST AMENDMENT TO DECL- MERC"NTILI! BANK.DOC
2123;2007 (3:02 PM)
Prepared By And After Recording
Return To:
Craig A. Minegar, Esquire
Winderweedle, Haines, Ward &
Woodman, P.A.
Post Office Box 880
Winter Park, Florida 32790-0880
JOINDER AND CONSENT TO FIRST AMENDMENT TO
DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR OCOEE COMMONS PUD
RECORDED IN OFFICIAL RECORDS BOOK 7896, PAGE 622
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA
The undersigned, CITY OF OCOEE, whose mailing address is 150 North Lakeshore Drive,
Ocoee, Florida 34761, hereby joins in and consents to the First Amendment to Declaration of
Easements, Covenants, Conditions, and Restrictions for Ocoee Commons PUD, to which this
Joinder and Consent is attached.
Signed, sealed and delivered
in the presence of:
CITY OF OCOEE
By:
Name:
Title:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrUment was aclrnowledged before me this _ day of September, 2006,
by as of CITY OF OCOEE, on behalf
of the City of Ocoee, who is r 1 personally known to me or [ ] who produced
as identification
NOTARY PUBLIC, STATE OF FLORIDA
Commission Expires:
R:\USTI.BRIOCOBE COMMONSIOCOEE COMMONS POA,PUD DECL OF EASEMENTS-OCOEE COMMONS\1OINDER-fIRST AMENDMENT ro DECL - CITY OF OCOEE.DOC
1/312007 (11:22 AM)