HomeMy WebLinkAboutItem 04 Approval of the First Amendment to Development Agreement for Vermeer-Trinity ()COP(
AGENDA ITEM COVER SHEET
Meeting Date: June 2, 2020
Item #
Reviewed By
Contact Name. Michael Rumer Department Director:
Contact Number: 407-905-3100 x1018 City Manager: Rob Fra
Subject: Vermeer-Trinity
First Amendment to the Development Agreement
Commission District#3 — Richard Firstner
BACKGROUND SUMMARY:
On December 4, 2018, the City Commission approved and executed a Development Agreement for Vermeer-
Trinity, by and between Shine Ocoee LLC and the City of Ocoee for the development of the Vermeer — Trinity
Joint Site plan.
The Development Agreement provided for specific incentives associated with the approved site plan. Impact fee
waivers for Transportation, Police and Fire were approved in the Development Agreement A Transportation
impact fee waiver in the total amount of $278,156.70. The amount of the Transportation Impact Fee Waiver
stated in this Agreement is a fixed amount and may only relate to transportation impact fees that are due and
payable in connection with improvements constructed on the Property based on the approved site plan. Police
& Fire Impact Fee Waiver in the amount of$29,485 50 (Police Impact Fees) and $41,994.50 (Fire Impact Fees)
for a total of$71,480 00 based on the approved site plan
Also, in order to accommodate a realignment of Palm Drive at the intersection of Ocoee Apopka Road that is
planned for in the Transportation Element of the Comprehensive Plan (Figure 11, Roadway Improvement
Master Plan 2020) and identified in the Silver Star Road Corridor Study as a necessary improvement for the
north and south trips on Ocoee Apopka at Silver Star Road. The Development Agreement stated the Owner
shall be responsible for the design, engineering, and construction of Palm Drive and the associated stormwater
pond depicted on the Final Plans. Such construction shall be completed in accordance with the requirements of
the City and costs shall be apportioned between the parties as determined and agreed upon in a subsequent
amendment to the development agreement with payment of such costs to be mutually agreed upon between
such parties. This First Amendment to the Developer's Agreement is documenting and approving the cost
recovery of the realigned Palm Drive.
Subsequent to the approval of the Original Development Agreement, Vermeer-Trinity received site work bids
based on the approved site plan which included constructing and sharing a master pond for the Palm Drive
realignment and Vermeer-Trinity site. The bids resulted in costs higher than estimated and made the project
undevelopable Most of the costs which increase the cost of site construction are a result of the State of Florida
Lake Apopka Basin requirements. In simplistic terms the ponds have to be oversized and provide additional
filter drains in the bottom.
The First Amendment to the Development Agreement is in response to the developer's request to make
changes to Section 3 of the Development Agreement making the Palm Drive realignment plan separate from
the Vermeer-Trinity site, allowing for a 140-day period for the City to request construction of the roadway, and
clarifying how the design, engineering, and right-of-way dedication would be paid for. As proposed in the First
Amendment, Section 3 will specify the City's improvement of a realignment of Palm Drive and construction of a
stormwater pond for the roadway and agrees to provide to Owner dollar for dollar reimbursement in the amount
of the total actual cost of design, engineering, right-of-way, permitting, and construction, if applicable, of the
City's Improvements. In consideration for the City's advance acquisition of the Right-of-Way Land, the City will
provide to Owner dollar for dollar reimbursement in the amount of One Hundred Sixty-Four Thousand Seven
Hundred Thirty-Four and 00/00 Dollars ($164,734 00) which results in a cost of $4 55 per square foot of
dedicated land. Additionally, City hereby agrees to provide to Owner dollar for dollar reimbursement in the
amount of the total actual cost of design and engineering in an amount not to exceed Seventy Thousand Four
Hundred Eighty-Five and 00/00 Dollars ($70,485.00) and if elects to construct the Palm Drive realignment, is
obligated to pay up to Four Hundred Sixty-Seven Thousand Three Hundred Forty-Nine and 00/00 Dollars
($467,349 00), in permitting and construction costs
This amendment also provides the final incentives for recruiting the businesses of Vermeer and Trinity (see
Business Profiles attached) to locate within the Ocoee S.E.ED (Special Economic Enhancement District) The
City will provide for the reduction of the Building Plan review fee and Fire Plan review fee for the vertical
construction of the proposed 28,057 square foot Vermeer Building with a construction cost of $2,700,000 and
the Trinity Building at 44,788 square feet with a construction value of $2,850,000. Currently, both buildings are
finalizing the building Permit review process
Vermeer is an internationally known equipment manufacturer for underground construction equipment,
equipment utilized in wood waste recycling, and landscape and tree care Vermeer's Southeast Division had
over $149 million dollars in sales last year Vermeer will be moving its Southeast Corporate Headquarters to
Ocoee and bringing with it 41 employees with a payroll of$3 million dollars. Half of its employees will earn more
than the median salary for Orange County with a salary of over $50,000. Additionally, Trinity Tile will be
relocating from Orlando to the City of Ocoee and bringing with at the Regional Headquarters and Regional
Distribution Center. The site will locally be staffed by 24 employees Fourteen employees will earn a salary over
$50,000. Trinity Tile had over $58 million in sales last year
The subject property is located within the Ocoee S.E.E.D Overlay (Brownfield Overlay) and more importantly
within proximity to the City's Downtown.
ISSUE:
Should the Honorable Mayor and City Commissioners approve a First Amendment to the Vermeer-Trinity
Development Agreement'
RECOMMENDATIONS:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the First
Amendment to Development Agreement for Vermeer-Trinity
FINANCIAL IMPACT:
A portion of the funds to pay the costs will be used from the $445,000 designated for the Silver Star Road
Corridor road work which includes the Palm Drive Realignment If the City elects to fund the construction of
realigned Palm Drive, an additional $260,568 will need to be budgeted in the 2020/2021 budget
Right-of-Way Acquisition/Dedication $167,734
Design and Engineering. $70,485
Permitting and Construction. $467,349
Attachments:
First Amendment to the Development Agreement
Information on Vermeer Southeast
Information on Trinity Tile
Palm Drive Realignment Diagram
Original Development Agreement
TYPE OF ITEM: (please mark with an "x'I
Public Heanng For Clerk's Dept Use
Ordinance First Reading y Consent Agenda
Ordinance Second Reading Public Heanng
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier N/A
Reviewed by Finance Dept Rebecca Roberts N/A
Reviewed by Q N/A
THIS INSTRUMENT PREPARED BY:
Charles W.Cramer,Esq.
CRAMER,PRICE&DE ARMAS,P.A.
1411 Edgewater Drive.Suite 200
Orlando,FL 32804
(407)843-3300
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150N Lakeshore Dnve
Ocoee,FL 34761
1407)656-2322
For Recording Purposes Only
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
(VERMEER TRINITY)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT(this"Amendment")
is made and entered into as of the day of , 2020, by and between
CITY OF OCOEE, a Florida municipal corporation existing under the laws of the State of
Florida,whose mailing address is 150 N.Lakeshore Dr.,Ocoee,Florida 34761,Attention:City Manager
(the"City")and SHINE OCOEE,LLC,a Florida-limited-liability company,whose mailing address
is 7055 Horizon Circle,Orlando.Flonda 32811 I the"Owner") (together the"Parties").
WITNESSETII:
WHEREAS, on January 14, 2019, the Parties entered into that certain Development
Agreement for the development of the Property described in Exhibit "A,' attached thereto
(`Agreement"); and
WHEREAS, on the Agreement was recorded at document #2020 , public
records of Orange County, Florida, and
WHEREAS, changes to the development plan for the Property since the time of the
Agreement necessitate amendments to the Agreement; and
WHEREAS, the parties agree that certain terms and provisions of the Agreement should
be amended; and
WHEREAS, on , 2020, the City Commission approved this
Amendment to the Agreement.
-1-
SECTION 1. Recitals; Definitions. The above recitals are true and correct
and
incorporated herein by this reference. All capitalized terms not otherwise defined herein or in the
Agreement shall be as defined or described on the Final Plans.as approved by the City Commission on
December 4,2018,unless othenvise indicated.
SECTION 2. Section 3 of the Agreement is amended in its entnety to real as follows:
Section 3. City's Improvements of Realignment of Palm Drive and Construction of
Stormwater Pond.
(A) Notwithstanding anything contained in the Development Agreement to the
contrary, Owner hereby agreed to design and engineer the City's Improvements
contemporaneously and in conjunction with its design and engineering of the Owner's
Improvements (the Owner's Improvements and the City's Improvements are collectively referred
to herein as the"Roadway Improvements').
(B) Owner will include all design and engineering plans as part of the Final
Subdivision Plan for the Project (the "Final Subdivision Plan"), which the City will review in
accordance with standard City procedures
(C) Owner hereby agrees to obtain all necessary permits required for the
construction of the Roadway Improvements Such permits shall be consistent with the Final
Subdivision Plan as approved by the City.
(D) City hereby agrees to provide to Owner dollar for dollar reimbursement in
the amount of the total actual cost of design, engineering, right-of-way, permitting, and
construction,if applicable,of the City's Improvements,as set forth on Exhibit"A"attached hereto
and by this reference made a part hereof in accordance with the terms stated in this Amendment.
Neither the Owner nor any other person or entity shall be entitled to reimbursement or other
compensation of any kind for, on account of or with respect to the design and engineering of the
Owner's Improvements. Nothing contained herein shall prohibit the City from seeking
reimbursement from adjacent property owners or any other party for design, engineering, and
permitting costs provided herein.
1. Right of Way Acquisition, paragraph 1, Exhibit "A". Within
twenty(20)days of the Effective Date this Amendment,the Owner shall dedicate
and convey to the City that certain property needed for realignment of Palm Drive
and a proposed stormwater pond at the intersection of Palm Drive and Ocoee Apopka
Road as more particularly described in the Final Plans (the "Right-of-Way
Land"). The Owner shall provide the City with a Sketch of Description and legal
description of the Right-of-Way Land consistent with the Plan. The Right-of-
Way Land shall be dedicated and conveyed by the Owner to the City by warranty
deed free and clear of all liens and encumbrances except for those matters
acceptable to the City. The form of the warranty deed shall be subject to the
approval of the City. The City shall cause to be obtained, at City's cost,a current
title commitment, to be followed by a policy of title insurance, evidencing that
fee simple title to the Right-of-Way Land is free and clear of all liens and
-2-
encumbrances except for those matters acceptable to the City The costs and
expenses related to the conveyance and dedication of the Right-of-Way Land,
including the cost of title work, shall he borne solely by the City. Real property
taxes on the Right-of-Way Land shall be prorated as of the day before the City's
acceptance of the dedication and conveyance of same and the prorated amount
of such real property taxes attributable to the Owner shall be paid and escrowed
by the Owner in accordance with the provisions of Section 196.295, Florida
Statutes. In consideration for the City's advance acquisition of the Right-of-Way
Land, City will provide to Owner dollar for dollar reimbursement in the amount
of One Hundred Sixty-Four thousand Seven Hundred Thirty-Four and 00/00
Dollars ($164,734.00). The Parties agree that the reimbursement rate set forth
above may represent less than the current fair market value of the Right-of-Way
Land. By approval of the Plan and acceptance of the deed, the City agrees that
the fair market value of the Right-of-Way Land in excess of $164,734.00
constitutes a donation of land to the City. The City will sign the appropriate IRS
forms needed to acknowledge such donation; provided, however, that the City
makes no representation as to the fair market value of the Right-of-Way Land or
as to the tax consequences or deductibility of any donation to the City.
Notwithstanding the conveyance of the Right-of-Way Land to the City, the
Owner shall be solely responsible for maintaining the Right-of-Way Land until
such time as improvements are made to the Right-of-Way Land
2. Design and Engineering, paragraph 2, Exhibit "A". Owner has
entered into a contract(the"Design Contract")with Barrios Engineering LLC (the
"Engineer") to perform the work required to design and engineer the Roadway
Improvements. The Design Contract shall provide that City shall he an intended
third-party beneficiary of the performance obligations of Engineer with respect to
the design and engineering of the Roadway Improvements. City hereby agrees to
provide to Owner dollar for dollar reimbursement in the amount of the total actual
cost of design and engineering in an amount not to exceed Seventy Thousand Four
Hundred Eighty-Five and 00/00 Dollars ($70,485.00).
3. Construction Costs,paragraph 3,Exhibit"A". To the extent that the
City, within one hundred forty (140) days of the Effective Date of this
Amendment,elects to not require Owner to construct the Roadway Improvements,
City will not be obligated to pay up to Four Hundred Sixty-Seven Thousand Three
Hundred Forty-Nine and 00/00 Dollars ($467,349.00), in permitting and
construction costs However, Owner shall transfer and assign to the City or its
assigns all plans, permits and approvals for construction of the Roadway
Improvements. The parties agree that City's notification relating to construction
of Roadway Improvements will not he the determining factor in City's issuance
of a certificate of occupancy on the Northern Building nor will it be the
determining factor in the City's issuance of a temporary certificate of occupancy
on the Southern Building; provided, however, all Owner must comply with all
other terms and conditions of approval and this Agreement.
(II) The City shall not require Owner to provide a transportation impact analysis.
-3-
SECTION 3. Section 4 of the Agreement is amended to add a new subsection(C)and(D)
to read as follows:
Section 4. Reduction of Certain Fees.
(C) In accordance with the provisions stated in section 376.84,FS,the City shall reduce by
50%the building plan review fees for Vermeer Southeast Sales& Service, Inc.'s building and Trinity
Tile Group,LLC's building,provided that the Owner is not then in default under any of the obligations
contained in the Agreement or this Amendment
(DI In accordance with the provisions stated in section 376.84, FS, the City shall reduce by
50%the fire building plan review fees for Vermeer Southeast Sales& Service,Inc.'s building and Trinity
Tile Group, LLC's building, provided that the Owner is not then in default under any of the obligations
contained in the Agreement or this Amendment.
SECTION 4. Section 5 of the Agreement is amended in its entirety to read as
follows:
Section 5. Lift Station. The Final Plans provide construction of a private lilt station. The
Owner shall be responsible for the design, engineering, and construction of the lift station and the lift
station shall be constructed by Owner at Owners sole cost and expense. Upon completion of the lift
station,the lift station will be a private a lift station solely dedicated for use by the owner and occupants
of the Property.
SECTION 5. Ratification of Prior Agreements. Except as amended hereby, the
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 Agreement. In the event of any conflict
between the Agreement and this Amendment it is agreed that this Amendment shall control.
SECTION 6. 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 7. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida
SECTION 8. Counterparts. This Amendment may he 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.
_4_
SECTION 9. 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 I of
this Amendment.
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:
By:
Print Name
Its:
Print Name
Print Name
STATE OF FLORIDA 1
COUNTY OF
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0
online notarization, this day of , 20 by as
of , a , on behalf of the
company, who is personally known to me or who has produced as
identification.
Notary Public
My Commission expires:
-5-
Signed, Sealed and Delivered
in our Presence: CITY:
CITY OF OCOEE, a Florida municipal
corporation
By:
Print Name: RUSTY JOT INSON
Witness Mayor
Print Name:
Witness Attest:
MELANIE SIBBITT
City Clcrk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of . 2020.
SHUFFIELD LOWMAN& WILSON, P.A.
By:
City Attorney
APPROVED BY THE CITY
COMMISSION AT A MEETING HELD
ON , 2020 UNDER
AGENDA ITEM NO.
Page 6 of 8
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me by means of 0 physical presence or 0
online notarization, appeared RUSTY JOHNSON and MELANIE SIBBI FT well known to me to
he the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, 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.
Signature of Notary Public
(Seal)
Type, Print or Stamp Name of
Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
Exhibit "A"
1. Right-of-Way Acquisition/Dedication. $164,734
Area which includes road, sidewalks, and pond is:
33,347 sq. ft. x $4.94/ sq. ft. = $164,734
Developer's Appraised Value over $164,734 will be credited on tax form.
2. Design and Engineering. $70,485
At 10% of the construction cost ($4673491 invoice is $46,735 plus the redesign fee
(i.e $23,750) for a total of$70,485
Barrios Engineering LL('
Carlos A Barrios, PE, Principal
605 Delaney Ave. Suite - C
Orlando, FL. 32801
3. Permitting and Construction. $467,349.
Keator Construction Estimate
OFF SITE BREAKDOWN 4/23/2020
441 PALM DRIVE, OCOEE FL. 34761
ITEM DESCRIPTION ]TY UNIT COST IOIAL
YAI M DR
DEMOLITION(GREEN)
▪ ' RCP
17500
NOTNC.DUD
TEl CAHIINI 110 BE RFI GE 1IFU NOT INCLLDED
SPEED SIGN TO BE RELOCATED NOl INCLLDED
N ATER LINE TO BE ISM"TEED AND ABANDONED is5 00
RO 1D REMOTA1 ACPHAI T r BASE __oo
S IDFN V F M PF RE5I \FIG I3S0 00
ROW IMPROVEMENTSSA EFENI
5'CONCRETE SIDEWALK 12ou500
ASPIIAI T En EN TNT INF LADING BASE WORT.AND GRADING
• C L RLI 1200 Go
EARTHWORK!ROAD] ucno on
EROSION CONTROL II\n 00
ROAD S14MOF 733 00
if CONCRETE SIDEWALK u �
STORM MANHOLES 23440 oO
Nu k RFD ENDSEC I IONS
ITDERDRAINN INCI L I IDES 1 Y'HP PIPE) 427S0 00
POND Fv-Av AnnT 1255500
i IN• IFF I 4/05 00
I\PI IirINI II WIIL I CON'TRM 4TR1(TITRE II IC400
PALM OR TOTAL 467.349.00
Total: $702,568.00
-8-
, 71-7 Vermeer
Southeast
2019 Vermeer Southeast profile
53 years in business
205 total employees
51 local employees.
$3,880,132.96 local payroll
27 employees >$50k
$76,081.03 average per employee.
is trinity surfaces
Business Profile — Trinity Tile Group, LLC
General business Information
• Business Name—Trinity Tile Group, LLC
• Head Office Address—115 5W 491h Ave, Ocala, FL 34474
• Phone Number—407-781-2202
▪ Website Address- https//www.trinitysurfaces.com/
• Company Status- active
▪ Contact Information of the Person in Charge—Don Deluzio, 407-509-8366,
ddeluzio@trinitysurfaces.com
Business Details
• Date of Creation:August 7, 1996
▪ Main Areas of Activities of Business. Distribution
▪ Main Products' Flooring and Surfaces
▪ Main Services: Distribution
• Principal Customer Industries and Geographies Construction
Business Capacity
• Human Resources
Number of Employees
o 104 employees company wide
• 48 employees with salaries greater than 50K company wide
• Average Salary company wide$69,958.32
o 39 employees in Orlando
▪ 19 employees with salaries greater than 50K in Orlando
• Average Salary for Orlando $69,168 94
• Financial
Financial Circumstances of Business. In business and profitable for over 20 years.
$70 million in sales-2019
• Technical
Company Capacity for the Project in Terms of Qualifications and Certifications
Other
• Culture:
Our Purpose: We are an organization committed to serving our God, our employees and our
customers. We will adhere to the highest level of business ethics by working hard,emphasizing
relationships over transactions and creating an atmosphere where selflessness prevails.
Our Values:
Work Hard and Work Smart:A dedication to do the job right,the first time
Canng for Our Customers-We believe our focus on the needs of our customers leads us to do
the right thing, preserving and strengthening the relationship.
Serving Each Other:An unselfish attitude that puts others ahead of oneself, making us a
stronger team.
Our Vision:
Empowering People to inspire surface solutions: Every decision we make at Trinity Surfaces will
be made with our vision in mind. Our desire is to empower our team,our partners and our
customers to inspire all types of surface solutions.
Figure 14.Concept Plan-Ocoee Apopka Road north of Silver Star Road jar ,
-.. al •t Cry t ` ' r '. �}r�{f^t/} i
•
4 1 Provide '+8 ' ..: .l E „ P X .;'.
- ,':':.
- fi: Extended Left 3 ,� `�
r _ ., , - - r Turn Lanes • yiy _.„ ' >.•� �;�;:
• 45�� ,. ' r y
a 11 _ 1�� * zz n rt z: � '4
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t+' � 1 1. € 1.- - a�..; .v it r: t v` �.`•�?`,}.
Realign Palm 1 i 0 _Ito _ / ;� 4. ti
- y • o t t den''
j \ u
'`ram- Drive uf= ,.* I u °o — ' , .,
J ` �i 1 i. O •
`�-�,, - .i es•-,,
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. .:ice: i . ail. 1 , \_ '( — ._ — — — �—
i _
—4110
• •
gar. 1':_ y
WI r ( ,i �„�l, Silver Star ad
--v.._-
f J L I � 1r1' SI` 'tom', ;I I I{ f 1 F
Silver Star Road Complete Streets&Concept Development " MetroPlan Orlando 22
THIS INSTRUMENT PREPARED BY:
Dana Crosby-Collier.Esq
SHUFFIELD,LOWMAN&WILSON,P.A.
1000 Legion Place,Suite 1700
Post Office Box 1010
Orlando,FL 32801
(4071581-9800
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761 For Recording Purposes Only
(407)656-2322
DEVELOPMENT AGREEMENT
(VERMEER TRINITY)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the /q day of J a n u a r Li , 20189 by and between CITY OF OCOEE, a
Florida municipal corporation existing tinder the laws of the State of Florida, whose mailing
address is 150 N. Lakeshore Dr.,Ocoee, Florida 34761, Attention: City Manager(the"City")and
SHINE OCOEE, LLC, a Florida limited liability company, whose mailing address is 7055
Horizon Circle,Orlando,Florida 32811 (the"Owner").
WITNES SETH:
WHEREAS, the Owners own 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 made a part hereof
(hereinafter referred to as the"Property"): and
WHEREAS, pursuant to the application on behalf of Owner, on , 2018,
the Ocoee City Commission approved the large scale preliminary/final site plan, Project No. LS-
2018-010,pursuant to the Ocoee Land Development Code (the"Final Plans"), and
WHEREAS, the provisions of Section 4-10 of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, on June 19, 2018, the Ocoee City Commission approved Resolution 2018-
012, designating certain lands within the City as a "Brownfield Area" and creating a Special
Economic Enhancement District(SEED): and
WHEREAS, the Property is located in the SEED and is therefore eligible for certain
economic incentives as described in the Brownfield Redevelopment Act, described at Sections
376.77-376.86,Florida Statutes: and
WHEREAS, the Owners and the City desire to execute this Agreement in order to clarify
the nature and timeline for incentives and to comply with the provisions of the Ocoee Land
Development Code.
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; Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or descnbed on the Final Plans (as defined below),unless otherwise indicated.
Section 2. Development of the Property.
(A) The Property shall be developed in accordance with the Final
Plans. The Final Plans are hereby incorporated herein by reference as if fully set forth herein.
(B) The Property shall be developed in accordance with and is made
subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this
reference made a part hereof(the "Conditions of Approval"). Owners further agree to comply
with all of the terms and provisions of the Conditions of Approval The Conditions of Approval
attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Final
Plans.
(C) Except as otherwise expressly set forth in this Agreement and the
Final Plans it is agreed that(1) the development of the Property shall comply with the zoning and
subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may
from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans,
and final site plans for the Property, or any portion(s) thereof, shall conform to the Ocoee Land
Development Code requirements in effect at the time of approval of any such plans. In the event
of any conflict between the provisions of the Ocoee Land Development Code, as it may from
time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement
shall control.
(D) Pursuant to the Drainage Easement Agreement by and between the
City and Owner's predecessor in interest, dated March 15, 2011 and recorded at document
#20110158307, public records of Orange County, Florida (the "Easement'), City allows Owner,
at Owner's sole cost and expense, to connect to the Improvements, as described in the Easement,
for the purpose of conveying stormwater generated from the Property to the City's Pioneer
Regional Pond in accordance with plans approved by the City. Any modifications to the
Improvements necessary to accommodate Owner's use of the Improvements shall be made at
Owner's sole cost and expense.
_2_
Section 3. Realignment of Palm Drive and Construction of Stormwater Pond.
The Final Plans provide for a realignment of Palm Drive and a proposed stormwater pond at the
intersection of Palm Drive and Ocoee Apopka Road. Owner shall be responsible for the design,
engineering, and construction of Palm Drive and the associated stormwater pond depicted on the
Final Plans. Such construction shall be completed in accordance with the requirements of the
City and costs shall be apportioned between the parties as determined and agreed upon in a
subsequent amendment to the development agreement. Nothing herein shall prevent Owner and
any other party from entering into a mutually acceptable agreement for the construction of Palm
Drive and the associated stormwater pond depicted on the Final Plans, with payment of such
costs to be mutually agreed upon between such parties. The entire Palm Drive realignment and
completion of the stormwater pond shall be completed and accepted by the City as a public road
and stormwater pond prior to issuance of the first certificate of occupancy for the Property.
Section 4. Impact Fee Waivers. In accordance with the provisions stated in section
376.84, PS, at such time as the State of Florida Division of Corporations' records reflect the
Current Principal Address for Vermeer Southeast Sales & Service, Inc., a Florida corporation,
and Trinity Tile Group, LLC, a Florida limited liability company, at the same address as the
Property, and provided that the Owner is not then in default under any of the obligations
contained in this Agreement, Owner shall be entitled to the following impact fee waivers:
(A) Transportation impact fee waiver in the total amount of$278,156.70 (the
"Transportation Impact Fee Waiver"). The amount of the Transportation Impact Fee Waiver
stated in this Agreement is a fixed amount and may only relate to transportation impact fees that
are due and payable in connection with improvements constructed on the Property. Except as
specifically set forth in this section, no additional impact fee waivers will be available for the
construction of any improvements on the Property.
(B) Police &Fire Impact Fee Waiver in the amount of$29,485 50 (Police Impact
Fees)and$41,994 50(Fire) for a total of$71,480.00 (together the"Police and Fire Impact Fee
Waiver"). The parties agree that the amount of the Police and Fire Impact Fee Waiver is fixed.
Section 5. Lift Station The Final Plans provide construction of a lift station. The
Owner shall be responsible for the design,engineering, and construction of the lift station and the
lift station shall be constructed by Owner at Owner's sole cost and expense. Upon completion of
the lift station, the lift station will be dedicated to the City for public use. The lift station shall be
completed and accepted by the City as a public improvement prior to issuance of the first
building permit for construction on the Property and in any event prior to
(insert the outside date here for lift station). In the event that the City needs to upgrade the Minor
Lift Station to a Major Lift Station the developer/property owner shall provide a 30' foot long by
120' (northern property line) Temporary Construction Easement. The Temporary Construction
Easement area would be used for construction equipment, construction material laydown, and
general construction activity. The City shall be responsible for restoring all areas disturbed by the
construction of the Major Lift Station to a like condition.
Section 6. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when(i) hand delivered
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to the other party, or (ii) when sent by overnight courier service for next business day delivery
(i e, Federal Express), addressed to the party at the address set forth 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.
Section 7. Covenant Running with the Land. This Agreement 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 8. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owners' expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owners,execute and deliver letters affirming the status of this Agreement
Section 9. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 10. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 11. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof; provided, however, that it is agreed that
this Agreement is supplemental to the Final Plans and does not in any way rescind or modify any
provisions of the Final Plans. Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
Section 12. Further Documentation. The parties agree that at any time following a
request by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 13. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in
connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment
Section 14. 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.
_4_
Section 15. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction. or meaning of the provisions
of this Agreement.
Section 16. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 17. Effective Date The Effective Date of this Agreement shall be the day this
Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this
Agreement.
SIGNATURES TO FOLLOW
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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:
By: /
Print Name: KvIS APNf3eS /h
Print Name
tan ih y e Its: c Et)
7/ -S • cam,_
Print Name 4^AIC Al / • t/r-0nP.n
STATE OF F r Id qk
COUNTY OF ('a,nq e
I HEREBY CERTIFY that on this day, before me, an officer duly authorized the State and
County aforesaid to take acknpwledgments, personally appeared $ -Den , as the
CEO of Yesmar SE . who [✓) is personally known to me
or [ I produced as identification, and that he/she acknowledged
executing the same on behalf of said company 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 17 day
o ru 204
U06m
t e of Notary/ �.^�
eftea- W I L k 1 (2,.M SOn
Name of Notary(Typed, Printed or Stamped)
Commission Number Of not legible on seal)
My Commission Expires of net legible on seal)
MECCA WNkW11011
� Sale Nowa e-EIW al Plo
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f Coannaloa l SS 01E717
T �d W Car.Eepin Aa7lf left
— ErM—ba-W�MaMYMWpMM
6-
Signed,sealed and delivered CITY:
in the presence of:
CITY OF OCOEE,FLORIDA
1 I1'l
PrmtName f l L Sl1101 m Rusty )�
Attest: ate"
// Melalrie 8ibhritt;City Clerk
Print Name 5 70er/ (SL? t) . •
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
Approved�y as to form and legality this f�' t'wbl✓ /�/ , 2018 UNDER
L �' day of I' C 2018. AGENDA ITEM NO. 8'
SHUFFIELD,LOWMAN AND WILSON,
P.A.
By:
Ci •
STATE • FLO' IA
COUNTY 0 a ' • NGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON
and MELANIE SIBBITT, 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 u�
WITNESS my hand and official seal in the County and State last aforesaid this `t' '
day of a. ,2018.
Q4Y'1taA Laa _ox�,n�
•
__ Sur of Notary
iuoar ' 1-kr>lot_f LAC. L.andr.�
rrcwnssnxacctswr
_ �1Zy2 Name of Notary(Typed,Printed or Stamped)
I' •• ayyyrh.& p'Lreypewbi Commission Number Of not legible on sealiGS Align
l -- - '--- - My Commission Expires if not on seal Da•1242.
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EXHIBIT"A"
fThe"Property")
_g_
EXHIBIT"B"
CONDITIONS OF APPROVAL
Section A. General
The City of Ocoee, Florida(the "City") is subject to the terms, provisions and restrictions
of Florida Statutes, Chapter 163, concerning moratoria on the issuance of building
permits under certain circumstances. The City has no lawful authority to exempt any
private entity or itself from the application of such state legislation and nothing herein
shall be construed as such an exemption.
2 This project shall be developed inikrie (3)phases.
3. Each phase of the project will stand on its own with respect to public services (sewer,
water, stormwater management, access and other related services).
4. Except as specifically noted on this plan, development of the property shall be consistent
with the requirements of the City of Ocoee Code of Ordinances (the "Code"), which
Code includes Chapter 180, the City of Ocoee Land Development Code (the "Land
Development Code")
5 Nothing herein shall be construed to waive any provision of the Land Development Code
except to the extent expressly set forth on a waiver table or explicitly set out on the plan.
6. Any damage caused to any public streets as a result of the construction activities related
to the project shall be promptly repaired by the Owner to the applicable governmental
standards at the Owner's sole cost and expense.
7. There shall be no access from the property to any public streets except at the approved
locations shown on the approved Final Subdivision Plan/Final Site Plan.
8. All existing structures (including buildings, power lines, existing aerial and utility
facilities) will be removed and/or terminated prior to or dunng construction of the
development replacing those uses.
9 Development of this property is subject to that certain Development
Agreement dated as recorded in Official Records Book , Page
Public Records of Orange County,Florida
10. All legal instruments including, but not limited to (i) declarations of covenants,
easements and restrictions for the property, (ii) articles of incorporation and bylaws of the
property owners' association(the"Association"); and (iii)warranty deeds,easements and
bill of sale documents to the Association, the City, the County and/or the St. Johns River
Water Management District ("SJRWMD") shall be provided to the City for review and
approval prior to platting all or a portion of the property.
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I I. Parking for individual lots shall be provided in accordance with the Land Development
Code.
12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker
shall be affixed to the street in the center of the lane closest to each hydrant.
13. The Owner of each tract shall be responsible for installing reuse lines along with the other
subdivision infrastructure. At such time as reuse water is available to the property, the
Owner shall be responsible for connection to the reuse system lines
14. Pursuant to the Land Development Code, all subdivision signage must be consistent with
the legally assigned name of the subdivision. Any subsequent change to the name of the
subdivision must be approved by the City Commission of the City.
15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land
Development Code, the provisions of the Land Use Plan and these Conditions of
Approval shall control.
16. [If to City] To the extent any lift stations are required on the property they will be
conveyed to the City at the time of platting All such lift stations shall be designed in
accordance with the City of Ocoee Engineering Standards Manual
[If to County] To the extent any lift stations are required on the property they will be
conveyed to the County at the time of platting. Lift station facilities shall be designed to
accommodate a master pumping station consistent with the County's utility master plans.
All such lift stations shall be fenced with black, vinyl chain-link fence, with posts and
rails painted black, and shall be set back no less than 25' from any street. Such lift
stations shall also be screened with hedge-type shrubbery, such as viburnum or ligustrum.
Section B. Trees
1. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees)
located along proposed locations of buffer walls or road right-of-way lines will be preserved if at
all possible; the buffer walls and roads will be designed around those trees to incorporate them
into required landscape buffers and as street trees
2. The existing grades on individual lots containing protected trees will be
maintained as much as possible to preserve existing protected trees. For lots or tracts containing
protected trees, there will be no grading or other construction on the same except as specified in
the approved Final Subdivision Plan/Final Site Plan, until building permits are issued for those
lots/tracts.
3. Removal of existing protected trees will be limited to clearing road right-of-way
and retention areas as detailed in the Final Subdivision Plan/Final Site Plan. All existing
protected trees on individual lots and tracts will be evaluated at the time of site plan
review for that lot or tract,to determine whether or not each tree needs to be removed.
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4. In order to ensure that as many existing trees as possible will be preserved, all
road rights-of-way and retention areas will be flagged for review by the City prior to any
tree removal. No clearing permits will be issued for site work or building construction
until the trees to be preserved have been clearly marked with tree protection barriers.
5. No person shall undertake land clearing or the removal of any protected trees
without first obtaining a permit from the Building Department. The removal of protected
trees shall be minimized to the maximum extent possible and no authorization shall be
granted to remove a tree if the Owner has failed to take reasonable measures to preserve
the trees on site.
6. The final grading plan will preserve existing grades on individual lots and tracts
containing protected trees as much as possible
7. All landscape areas will be irrigated and have an automatic rain sensor.
Section C. Easements/Utilities
(. All cross access, utility and drainage easements shall be provided prior to or at the
time of platting.
2. All utilities to be placed within the ten foot(10') easement along the front of each
lot will be placed around existing protected trees to be preserved.
3. All utilities including electrical, cable, TV, and telephone and including on-site
existing overhead wires shall be placed underground.
4. Unless otherwise noted, a five foot (5') utility and drainage easement will be
platted along all side lot lines and ten foot (10') utility, drainage and sidewalk easement
adjacent to the street right-of-ways Sidewalks will only be placed in this easement if
necessary to run them around existing protected trees to be preserved.
5. All drainage, utility and maintenance easements shall be for the benefit of the
Association. The land burdened by such easements shall be owned by the individual lot
or tract owners
6. Drainage casements between lots and tracts are shown for location only. Final
easement dimensions will be shown on the Final Subdivision Plan/Final Site Plan and
will be sized to meet City requirements.
7. A perpetual, non-exclusive access easement over all internal roadways and other
paved areas is hereby granted in favor of the City and other applicable authorities for law
enforcement, fire and other emergency services. The City may require that the owner
execute an easement in recordable form with respect to the foregoing.
8. An emergency access easement to the retention ponds and over all drainage
easements shown hereon is hereby granted to the City for emergency maintenance
•
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purposes. The emergency access easement will not impose any obligation, burden,
responsibility of liability upon the City to enter upon the property it does not own or take
any action to repair or maintain the drainage system on the property.
Cn.a;nn n
1. The Association shall own and maintain all common areas.
2 All declaration of covenants and restrictions affecting the property shall include
the folio 'ng provisions:
i. Provision allowing the City to levy, collect, and enforce assessments for
maintenance common areas if the Association fails to do so or fails to maintain
assessments at a evel allowing for adequate maintenance.
ii. Prov ion granting the City the right, but not the obligation, to maintain all
common areas ghoul. the Association fail to do so after notice from the City. To the
extent that the City un.-rtakes such action, the City shall be entitled to reimbursement
from the Association and all be entitled to require the Association to levy assessments
for the purposes of paying s h reimbursement.
Provisions gran ' g the City the right, hut not the obligation, to
maintain/repair the stormwater m. agement system for the property (the "SWMS") and
•
obtain reimbursement from the Ass. Cation, or from the Owner if(a) turnover of control
of the members has not occurred: or if the Owner is still responsible for maintenance
of the SWMS.
iv. Provision providing that the WMS will he transferred to a responsible
operation/maintenance entity acceptable to th- City in the event of dissolution and that if
dissolution occurs without such approval then l•e City may continue to levy and collect
assessments and impose liens with respect thereto otwithstanding the dissolution of the
Association.
v. Provision that the Association shall at a times be in good standing with
the Florida Secretary of State
vi. Provision that at the time of turnover of contr. of the Association to the
members, the declarant shall deliver to the new board of direc •rs the maintenance plan
for the SWMS accompanied by an engineer's certification that th. SWMS is functioning
in accordance with all approved plans and permits To the extent th. any such engineer's
report indicates any corrective action is required, that declarant s . I be required to
diligently undertake such corrective action at the declarant's expense a•d to post a cash
bond with the Association for the estimated costs of such corrective action.
vii. Provision that no property owned by the City or any other g • ental
entity shall be subject to assessments levied by the Association.
Ih, p
C ' I Y
i.
12
Provision that any amendment to any provision affecting the Ci •r
SWMS requires the consent of the City in an instrument recorded en dment.
3. All tracts that are to be o maintained by the Association shall be
conveyed to the A troi y warranty deed at the time of platting. A special warranty
d issible if accompanied by a title insurance policy to the Association.
Seetion-ErISEreets
1. Final street naming will be coordinated through the City Building Department at
the ' e of final plat submittal.
2. public streets] All internal roads within the project will be dedicated to the
public at - time of platting unless otherwise noted.
[If private str--ts] Tract , access road(s) through the property, is a private road
which will be r ed and maintained by the Association, with access and utility
easements granted t. the City. Such roads will be conveyed to the Association at the time
of platting.
3. [If public roads] reet lights, security lights and lighting for common areas
meeting current Land Deve . .ment Code requirements shall be installed by the Owner
prior to Certificate of Comple .n at the Owner's expense. If upgraded street lights are
installed, the Owner and the Ass. Wien will be required to complete and execute a City
of Ocoee Owners and Homeowner- Association Agreement for Upgraded Street Lights
with the Owner and the Associatio' being responsible for operating costs for the
difference between standard street lights : d the upgraded street lights.
[If private roads] Street lights, security lig•ts and lighting for common areas meeting
current Land Development Code requirement hall be installed by the Owner prior to
Certificate of Completion at the Owner's expens. The Owner and the Association will
be responsible for all operating costs relating to sue' fighting.
4. [Private Roads] In the event gates are installed . the private roads the gates and
subdivision shall comply with Article VIII, Chapter 34 o the Orange County Code for
gated communities as well as any amendments to that Article at may be enacted prior to
approval of the Final Subdivision Plan. Further, in the event ¢ ange County rescinds or
ceases to have regulations for gated communities,then the regulat .ns in effect at the time
of Final Subdivision Plan approval shall control. All references •. said County Code
Chapter to the "County" shall be deemed to refer to the "City" fr purposes of this
requirement. Click to Enter and Knox Box technology shall be installe. and operational
•
at each gate.
5. The Owner shall construct appropriate curbs cuts to enable constructio of ramps
at all rights-of-way intersections (and other areas as reasonably required) in . der to
accommodate access to sidewalks and streets for persons who are in wheelchai and
other persons who are physically challenged. Sidewalks abutting each platted lot or t .ct
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shall be constructed at the time of development of the lot or tract. When side
constructed on corner lots at certain locations, the sid ex ended to the curb
and the appropriate ram s s ucted. Sidewalks adjacent to common areas
c e at the time of permanent construction of adjacent common areas.
Section F. Stormwater Management System
1. All retention ponds will be unfenced with maximum 5:1 side slopes into the pond
2 The development of this project will incorporate the stormwater needs of all
public roads within the project.
3. All building setbacks from all retention areas shall be fifteen feet (15') feet from
the top of the bank.
4. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets,
manholes, structures and retention ponds, will be owned, operated and maintained by the
Association.
5. Notwithstanding the conveyance of the retention ponds to the Association or any
provision to the contrary contained in these Conditions of Approval, the Owner shall
remain responsible for the maintenance of the SWMS, including all retention ponds,until
such time as:
the entire SWMS for the project is constructed and the appropriate
Certificate of Completion is issued by both the City and the SJRWMD;
ii. the retention ponds intended to be conveyed to the Association have in fact
been conveyed to the Association,
iii the Association is designated as the maintenance entity on the records of •
the SJRWMD and all transfer records required by the SJRWMD have been executed and
accepted by SJRWMD:
iv. the City has been provided with a copy of the Owner's proposed •
maintenance plan with respect to the SWMS; and
v. the City has been provided with a written statement from the Association •
acknowledging receipt of the Owner's proposed maintenance plan with respect to the
SWMS and that the Association is responsible for the maintenance of the SWMS.
6. All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts and any
lift station tract shall be completed prior to issuance of the Certificate of Completion for
those corresponding phases
Section G. Wetlands/100 Year Flood Plain
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1. All finished floor elevations will exceed the 100-year flood plain by a minimum
of two feet(2').
2. The Owner shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines. Further, the
areas below the natural wetland lines shall be fenced off(and silt fences shall be installed)
during construction activities immediately adjacent to the wetlands, in order to minimize
disturbances of the wetlands during construction.
3. Wetland and existing surface water impact for this property is regulated by
SIRWMD and the Florida Department of Environmental Protection. General or
individual permits are required from these agencies prior to commencement of
construction.
4, At the time of submittal of the first Preliminary Subdivision Plan or Site Plan
review for the property, the Owner will map the jurisdictional wetland line on the site and •
establish a twenty-five foot(25') upland buffer from that line. Depending on the results,the City
may also require a Conservation and Drainage Easement over any wetlands or adjoining
conservation area. The usable area of the site will be reduced by this acreage and all
development criteria will be reduced proportionately. Prior to or at the time of development of
any portion of the property, if a Conservation and Drainage Easement is required, the Owner
shall convey to the City the Conservation and Drainage Easement, the form of which shall be
approved by the City prior to the conveyance.
Section H. Commercial Projects
1. All commercial lots will be a minimum of one(1) acre to size.
2. All commercial lot uses shall conform to the Master Architectural, Signage,
Lighting and Landscape Package Plans, which will be provided when the first
commercial lot is developed and which will be subject to approval of the City.
1 Each residential lot shall have the minimum of three (3) trees per lot, and on
street tree with a minimum size of ten feet (10')in height and two inches iameter
at breast height(DBH).
2. All underground utilities shall with Section 6-8(C) of the Land
Development Code, which re e estal-mounted utility boxes to be placed back of
the street, no more t e feet (5') forward of the front building setback line, on all
residential ich are less than seventy feet(70') feet m width where the lot abuts the
right-of-way line
SeseSon J. Tow..h„m.P.e;e.ts - I
,� l�
5
1. All multifamily residential buildings comprised of three (3) or more dwelling
urn. , regardless of square footage or number of stories, will include automatic fire
protection systems.
2. I .en space between townhome units not part of an individual lot, shall be owned
and mainta ed by the Association.
3 The to, ome portion of the project will comply with section 6-15 of the Land
Development C..e regarding multi-family development standards.
4. Street trees .all be provided by the Owner at a rate of one (I) tree per townhome
unit prior to certificat of occupancy for each building.
5. All declaration o' covenants and restrictions affecting the townhome portion of
the property shall include - following provisions:
Provision providing that short term rentals (rental term less than six (6)
months) shall be prohibited an. .roviding that this provision may be enforced by the
City.
ii. Provision requiring tha, garages must be used for parking cars and that
parking will be prohibited on the privat' streets, except in designated off-street parking
spaces.
iii. Provision prohibiting RV and bat parking within the subdivision.
iv. Provision requiring that if trash c. are used at individual units,they shall
be stored in the garage, but if they are stored outs .e the garage they shall be screened
from view with a decorative fence and/or landscaping.
v. Provision requiring a six foot (6') privac fence on all three (3) sides of
any lot with an accessory structure,per section 5-6h of the Lind Development Code.
vi. Provision requiring limitations on the size an. placement of accessory
structures and pnvacy fences in certain rear yards.
vii. Provision requiring all lots with fencing to have a gat-. entrance along the
rear lot line
viii. Provision providing that trash pickup will be provided for :.ch individual
unit and that no dumpsters shall be utilized for waste disposal.
ix Provision providing that individual owners of individual lots shall be
wholly and exclusively responsible, to the extent necessary, for the periodic cl..n-out,
maintenance, upkeep, repair and replacement of all elements of the sanitary sewer s tern
located on their respective lot, from the inside of the home to the back of curb where•he
lot line ends. 'I he elements of the sanitary sewer system shall include, but not be limit-
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to, all piping, "laterals" and other components of the sanitary sewer system. e
Association nor the City nor any other third p responsibility for such
clean-out, maintenance u or replacement of any component of the sanitary
ocated on a lot.
Salon i'c. i.'ekb a-Study Area
For development or redevelopment of property located outside the Ocoee
Co • unity Redevelopment Area (CRA) but within the Wekiva Study Area ("WSA")
Boun.: , and with the exception of a single-family home on an existing lot, those
portions . properties that contain at least one (I) of the three (3) following resources: (i)
most effecti e recharge areas, (ti) karst features, or (iii) sensitive natural habitats
including Lon. eaf Pine, Sand Hill, Xeric Oak Scrub, or Sand Pine Scrub vegetative
communities, are J. subject to a minimum thirty-five percent (35%) Wekiva Open Space
requirement.
2. Open Space require. to be preserved within the WSA boundary is defined as: any
portion of a parcel or area o and that remains undeveloped, or minimally developed,
such as trails and boardwalks as .art of a natural resource preserve or recreation area,
stormwater retention areas that folio• Best Management Practices (BMPs), upland buffer
retention swales (per policy 7.7.3), na rally vegetated areas, and tracts for pedestrian
connections. Such designated open space - .eludes waterbodies, lots, street rights of way,
parking lots, impervious surfaces and active -creation areas including golf courses. All
Wekiva Open Space Areas shall be restricted t. .rohibit use of fertilizer and chemical
applications, but may permit mechanical method for routine maintenance. Rule 9J-
5.003(84), F.A.C. [Wekiva Parkway and Protection A WPPA): Ch. 369.321(3),F.S.]
3. Naturally vegetated swales are required to be place: within the upland buffers
surrounding lakes or wetlands. The purpose of these swales 's to improve the water
quality of the stormwater runoff and ensure that the swale fills an. : filtrates into the soil
so that there is no sheet flow into the lake or wetland. This meth . of water quality
improvement shall mimic the absorption and pollutant removal abilities . a natural low
spot in the topography and must follow accepted Best Management Practi. s (BMPs).
Stormwater runoff from developed lands adjoining wetlands, lakes and/or .oodplam
areas shall be diverted towards swales, hold the runoff, and then allow it to slowly ••lease
into the soil column. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.32 )r
F.S.]
Section L. West Orange Trail
1. A Public Trail Tract as depicted on the plan shall be dedicated to the City at the
time of platting for connection through the property to the West Orange Trail.
17