Loading...
HomeMy WebLinkAboutItem 04 Approval of Third Amendment to the Development Agreement for Arden Park PUD ocoee Florida AGENDA ITEM COVER SHEET Meeting Date: February 16, 2021 Item #: q Reviewed By: Contact Name: Michael Rumer, Development Department Director: Michae umer Services Director Contact Number: Ext. 1018 City Manager: Robe Subject: Approval of Third Amendment to the Development Agreement Arden Park PUD (Lennar Homes) Commission District#4— George Oliver Ill Background Summary: On November 21, 2006, the City Commission approved and executed a Development Agreement with Arden Park Ventures, LLC, for the Development of property for the Arden Park Planned Community. The Development Agreement provided for certain improvements to Clarke Rd. including the dedication of land and construction of Clarke Rd north of Clarcona Ocoee Rd up to a point at its northern most property line, as part of mitigating transportation capacity on the surrounding road network. Additionally, there was a provision for Arden Park upon authorization from the City, to widen a section of Clarke Rd south of Clarcona Ocoee Rd to Orchard Park (southern portion) with the City reimbursing the entire cost of the design, engineering and construction. As Arden Park progressed with the development of Phases 1-4, the City was not in a financial position to authorize Arden Park to construct the southern portion of the Clarke Rd widening. Lennar Homes, through a series of acquisitions is now the developer of Arden Park and most recently designed, engineered and constructed the required completion of the extension of Clarke Rd from Clarcona Ocoee to its northern property line. As Phases 5 and 6 were going through the development review permitting process, City staff under the direction of the City Manager worked with Lennar Homes and their engineer to see if the construction of the southern portion of the widening as per the Development Agreement and adding the extension south to the A.D. Mims Rd area was feasible financially and could be completed under Lennar's participation. City Staff gave a presentation to the City Commission on December 15, 2020, requesting direction to continue forward with Lennar Homes as the preferred method for the widening of Clarke Rd utilizing an amendment to the previous Development Agreements. Staff and Lennar Homes are now in agreement on a Third Amendment to the Development Agreement facilitating the widening of Clarke Rd's southern section. Issue: Should the Honorable Mayor and City Commission approve the Third Amendment to the Arden Park PUD, providing for Lennar Homes to facilitate the widening of Clarke Road as provided for in the original Arden Park 1 Developers Agreement, including the additional scope of work from the southern location of Orchard Park to just north of A.D. Mims. Recommendations: Staff recommends the Honorable Mayor and City Commission approve the following: A. Approve the Third Amendment to the Arden Park PUD, providing for Lennar Homes to facilitate the widening of Clarke Road as provided for in the original Arden Park Developers Agreement, including the additional scope of work from the southern location of Orchard Park to just north of A.D. Mims. B. Authorize the expenditure of$4,634,480.00 from the Transportation Impact Fee Fund to be placed in escrow as provided for in the Third Amendment to the Development Agreement. Attachments: Third Amended Development Agreement for Arden Park PUD Memo from Finance Financial Impact: Transportation Impact Fees-$4,634,480.00 Type of Item: (please mark with an `x') ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading El Consent Agenda ❑ Ordinance Second Reading ❑ Public Hearing ❑ Resolution ❑ Regular Agenda ® 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 Reviewed by Finance Dept. Rebecca Roberts Reviewed by 2 THIS INSTRUMENT WAS PREPARED BY: Scott A. Glass, Esq. Shutts & Bowen LLP 300 S. Orange Ave., Ste. 1600 Orlando, Florida 32801 AND IS TO BE RETURNED TO: Melanie Sibbitt, City Clerk City of Ocoee 150 N. Lakeshore Dr. Ocoee, FL 34761 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (ARDEN PARK) THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the "Third Amendment") is made and entered into the day of , 2021 (the "Effective Date") by and between LENNAR HOMES, LLC, a Florida limited liability company whose mailing address is Suite 310,6750 Forum Drive,Orlando FL 32821 (referred to herein as"Lennar" or "Developer") and the CITY OF OCOEE, a Florida municipal corporation whose mailing address is City of Ocoee, Attn.: City Manager, 150 North Lakeshore Drive, Ocoee, FL 34761 (the "City") and as joined into by ARDEN PARK NORTH HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation whose mailing address is C/O Lennar Homes, LLC, Suite 310, 6750 Forum Drive, Orlando FL 32821 (the "HOA") for the limited purposes set forth herein. WITNESSETH: WHEREAS, on or about March 27, 2007, the City and Arden Park Ventures, LLC, ("APV") entered into that certain Development Agreement (Arden Park) recorded as Instrument 20070199656 in O. R. Book 9180, Page 4856 among the Official Records of Orange County, Florida(the "Development Agreement"); and, WHEREAS, the Development Agreement set forth the rights, duties and obligations of APV and the City with respect to development of the Arden Park planned residential community on certain property then wholly owned by APV and more fully described on Exhibit"A" attached hereto and incorporated herein(the "Property"); and, WHEREAS, on or about March 24, 2011, the City and APV executed that certain First Amendment to Development Agreement (Arden Park) recorded as Document 20110294011 in O.R. Book 10222, Page 6665 among the Official Records of Orange County, Florida (the "First Amendment"); and, WHEREAS,on September 29,2011,APV,assigned all of its rights,duties and obligations under the Development Agreement to Standard Pacific of Florida, a Florida general partnership ("Standard Pacific"), pursuant to that certain Assignment of Development Agreement recorded as Document 20110516824 in O.R. Book 10274, Page 7198 among the Official Records of Orange County, Florida; and, WHEREAS, on or about February 19, 2013, the City and Standard Pacific entered into that certain Second Amendment to Development Agreement (Arden Park) recorded as Document 20130115380 recorded in O.R. Book 10529, Page 4035 among the Official Records of Orange County, Florida (the "Second Amendment") (the Development Agreement, the First Amendment and the Second Amendment being hereafter collectively referred to as the"Amended Development Agreement"; and, WHEREAS, in 2015, Standard Pacific and related entities merged with The Ryland Group, Inc., to form CalAtlantic Group, Inc. ("CalAtlantic"); and, WHEREAS, pursuant to such merger CalAtlantic became successor in interest to all of Standard Pacific's rights, duties and obligations as developer of Arden Park under the Amended Development Agreement; and, WHEREAS, in February, 2018, CalAtlantic was acquired by Lennar; and, WHEREAS, the City has previously planned, designed, engineered and constructed a portion of the City road known as Clarke Road; and, WHEREAS, it is the City's desire that Clarke Road be extended and improved such that it eventually connects McCormick Road on the north to State Road 50 (a/k/a Colonial Drive) on the south,with the segment of Clarke Road to the north of Clarcona-Ocoee Road being a two-lane road and the segment of Clarke Road to the south of Clarcona-Ocoee Road being a four-lane, divided urban road (collectively, the "Clarke Road Right of Way"); and, WHEREAS, as successor to CalAtlantic by acquisition Lennar has assumed all rights, duties and obligations of the Developer under the Amended Development Agreement including, but not limited to, the obligation to design, engineer, permit and construct a two-lane segment of Clarke Road which is designated and depicted as, "Section B," in the Amended Development Agreement; and, WHEREAS, Lennar has designed, engineered, permitted and has constructed, "Section B"; and WHEREAS,the Amended Development Agreement contemplated that other segments of Clarke Road, designated as "Section A" and "Section C," would be designed and constructed by others or would be designed by others, but constructed by APV or its successor at the City's expense; and, WHEREAS, "Section A" has been completed by others, but "Section C" has not and the City has determined that, from a time and cost efficiency perspective, it is desirable to have Lennar proceed with the design, engineering, permitting and construction of"Section C"; and, WHEREAS, the City has further determined that, again, from a time and cost efficiency perspective, it is desirable to have Lennar design, engineer, permit and construct certain other improvements to Clarke Road south of Clarcona-Ocoee Road as hereinafter described. NOW THEREFORE, in consideration of the premises, the sum of ten dollars and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which being hereby acknowledged, City and Lennar agree as follows: I. Recitals; Definitions. The above recitals are true and correct and are incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined in the Amended Development Agreement. II. Amendment of Amended Development Agreement. The parties acknowledge that the obligations contained in subsections A, B, C, D, E, F, G, 0, P, R, S, T and V of Section 4. of the Amended Development Agreement have been satisfied or otherwise replaced with obligations set forth herein. As such and in addition, Section 4. of the Amended Development Agreement is hereby deleted in its entirety and replaced with the following: 4. Clarke Road Right-of-Way and Improvements. The following provisions shall apply: (i) Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of,or with respect to the required dedication and conveyance of the Clarke Road Right-of-Way to the City, or the design, engineering, permitting and construction of any improvements to Clarke Road, except as set forth herein. (ii) Developer shall design,engineer,permit and cause to be constructed certain improvements to Clarke Road south of the intersection of Clarke Road and Clarcona-Ocoee Road generally depicted as Section C (the "Section C Improvements") on the Clarke Road Design Sketch (the "PDA Sketch") attached and incorporated as Exhibit "D". The City shall pay for the Section C Improvements as provided in Section 4.(vi), below. (iii) Developer shall also design, engineer, permit and cause to be constructed those improvements necessary to complete Clarke Road from the southern terminus of Section C to that point north of A.D. Mims Road where Clarke Road currently transitions from four-lanes to two-lanes (hereafter, the "Section D Improvements"), as depicted on Exhibit "E" attached hereto and incorporated by reference herein. The City shall pay for the Section D Improvements as provided in Section 4. (vi), below. The Section C Improvements and the Section D Improvements are hereafter collectively referred to as the "City Road Improvements." (iv) The City Road Improvements shall include the necessary roadway, attendant sidewalks, streetlights, median landscaping, and provision for customary utilities and stormwater management. Prior to entering into any contracts for the design, engineering, permitting and/or construction of the City Road Improvements, Developer shall obtain a separate price (a/k/a "Bid") for such work from the entity or entities Developer has contracted with to perform that particular type of work, i.e., design, engineering, permitting and/or construction, for the Developer Road Improvements. Developer will promptly provide each such Bid to the City and the City shall have ten (10) business days from receipt of a Bid to either approve or reject it. In the event a Bid is rejected the City shall advise Developer, in writing, of the reasonable basis or bases for such rejection. Developer shall then have thirty(30) days to address such issues with the bidder in an effort to resolve the City's concerns or to obtain a Bid which addresses the City's issue(s) from another entity. If Developer submits a revised Bid or a new Bid the City shall have five (5) business days to either accept or reject it. If the City fails to notify Developer, in writing, of the City's decision by the end of such five (5) day period, the Revised Bid or alternative Bid, as the case may be, shall be deemed rejected and the Developer shall have no further obligation to perform, or secure the performance, of that particular work. On the other hand, if the City approves a Bid, a revised Bid or an alternative Bid, then Developer will, within thirty (30) days of Developer's receipt of the City's written notice of approval, enter a contract (or an amendment to Developer's existing contract)with the bidding entity for the performance of the work in question. The contract or contract amendment, as the case may be, shall name the City as an intended third-party beneficiary of the performance obligations of the contractor with respect to the work to be performed thereunder. Approval or rejection of a Bid by the City may be done by the City Manager of the City, or his designee, with no further action required by the City Commission of the City. (v) As an alternative to the procedure set forth in paragraph 4(iv) above, Developer may enter into a contract for the design, engineering, permitting and construction of the City Road Improvements on a non-bid basis at a price acceptable to and approved by City, which acceptance and approval may be granted or withheld in the City's sole and absolute discretion. Approval or rejection of this alternative procedure may be done by the City Manager of the City, or his designee, with no further action required by the City Commission of the City. (vi) If City directs Developer to proceed with the design, engineering, permitting and/or construction of the City Road Improvements, or any part thereof, then, in consideration therefor, City agrees to pay for the same as follows: a. Prior to Developer's entry into its first contract for design, engineering, permitting or construction of the City Road Improvements, City, Developer and Shuffield Lowman, P.A. ("Escrow Agent") shall enter into an Escrow Agreement on terms acceptable to the parties thereto and consistent with the provisions hereof. b. The City shall promptly deposit Four Million Six Hundred Thirty-Four Thousand Four Hundred Eighty Dollars ($4,634,480.00) with the Escrow Agent to be used by the Escrow Agent to pay approved and documented invoices for the City Road Improvements and to pay Developer's project management fee as set forth below. c. Inasmuch as Developer is directly contracting for performance of the design, engineering, permitting and construction of the City Road Improvements, Developer shall receive invoices for material received and/or work performed directly from the party providing such material or performing such work. Developer shall verify the invoice against the terms of the underlying bid and contract, review any appropriate documentation and, before forwarding such invoice to the Escrow Agent for payment from the Escrowed Funds, verify that the invoice only includes Allowable Costs, as hereinafter defined, and that the materials supplied or the work performed according to such invoice have in fact been received or has been performed, as the case may be. Each invoice shall be certified by a Professional Engineer licensed to practice in the State of Florida and shall be accompanied by such documentation as is reasonable and customary to support payment. Once Developer has verified the validity of the invoice Developer shall send the invoice, along with a written confirmation of its accuracy, to the City. d. Upon receipt,City shall have thirty(30)days to direct the Escrow Agent to pay any undisputed portion of such invoice and to notify Developer, in writing, if City disputes any portion of such invoice or requires additional documentation to determine whether payment is appropriate. Developer shall have ten (10) business days to provide additional documentation and/or to submit a written request to meet with City staff in order to attempt to resolve such dispute. City staff will meet with Developer within ten(10)business days after City's receipt of a written request for such meeting. If the dispute remains unresolved after such meeting the matter shall be elevated to the City Manager or, at the City Manager's designation, the Assistant City Manager, who shall meet with Developer within ten (10) business days after the date Developer and City staff met. The City Manager or Assistant City Manager, as the case may be, shall then have five (5) business days to make a final decision. Such final decision may thereafter be challenged by an appropriate action filed in the Ninth Judicial Circuit Court for Orange County,Florida and the provision for attorneys' fees and costs provided in Section 17 of this Agreement shall apply thereto. e. Upon receipt of written directions from the City, Escrow Agent shall, within two (2) business days, pay undisputed amounts directly to the invoicing party. Simultaneously with each such payment the Escrow Agent shall issue a separate payment to Developer in an amount equal to nine and one-half percent (9.5%) of such payment as a project management fee to compensate Developer for its time, resources and administrative overhead. f. City shall pay all reasonable actual costs incurred in the design, engineering, permitting and construction of the City Road Improvements, including reasonable and customary "soft" costs incurred in the design, engineering, permitting and construction of the City Road Improvements such as, by way of illustration and not limitation, the cost of necessary surveys, environmental studies, geotechnical studies, legal fees, permit application fees, environmental mitigation directly related to the City Road Improvements, and the like (collectively, the "Allowable Costs"). As each significant aspect of the City Road Improvements are completed, but in no event less than quarterly, Developer shall ensure invoices have been submitted to the Escrow Agent for payment of completed work. g. Nothing herein shall prevent the City from seeking reimbursement from adjacent property owners or any other entity for costs associated with the City Road Improvements. (vii) City shall be responsible for providing or causing others to provide the facilities necessary to meet the stormwater requirements associated with the City Road Improvements. Notwithstanding any other provision of this Agreement to the contrary, Developer shall have no obligation to construct the City Road Improvements until such time as the City or other party has provided the facilities necessary to meet the stormwater requirements associated with the City Road Improvements. (viii) The Developer shall convey to the City, or cause the current owner thereof to convey to the City, within 60 days of the date of this Third Amendment, certain property it owns east of Clarke Road and adjacent to Lake Trout and more particularly described as: Tract R according to the Plat of Arden Park North Phase 4 recorded at Plat Book 100, Page 136, Public Records of Orange County, Florida. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. The Developer shall contemporaneously with the conveyance of such tract, provide to the City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance of such tract, including the cost of title work, shall be borne solely by the Developer. Real property taxes on the property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed in accordance with the provisions of Section 196.295, Florida Statutes; provided,however,that if the conveyance occurs between November 1 and December 31, then the Developer shall be responsible for real property taxes for the entire year. (ix) Upon completion of construction of each segment of the City Road Improvements the City shall conduct a final inspection of the applicable segment and, if such construction passes inspection and Developer has complied with all applicable written City standards and requirements for road construction in effect as of the Effective Date of this Agreement, City shall issue a certificate of completion for such segment. (x) City shall be responsible for adjusting the timing of all traffic signals necessitated by construction of the City Road Improvements. (xi) The City may vacate the existing Hobson Road adjacent to portions of the Property. Such vacation shall be at the City's timing and sole cost and expense. Developer and the HOA hereby agree not to oppose the vacation of Hobson Road and hereby agree to relinquish any rights or claims to any portion of such road upon vacation of the same. III. No Third-Party Beneficiaries. This Third Amendment is solely for the benefit of the formal parties hereto and their respective successors and assigns and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party. Nothing in this Third Amendment, express or implied, is intended or shall be construed to confer upon or give any person or entity any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof, other than the formal parties hereto and their respective affiliates, representatives, heirs, successors and assigns. IV. Counterparts. This Third 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. V. Recordation. An executed original of this Third Amendment shall be recorded among the Official Records of Orange County, Florida, by the City at the Developer's sole expense. VI. Third Amendment to Control in Event of Conflict. To the extent any term, condition or provision of this Third Amendment conflicts with any term, condition or provision of the Amended Development Agreement including, but not limited to, any term, condition or provision set forth in the Revised Arden Park Conditions of Approval attached as Exhibit "B"to the Second Amendment, or any term, condition or provision of the Amended Land Use Plan for Arden Park Planned Unit Development as the same is in effect on the Effective Date hereof, then, in such instance, the conflicting term, condition or provision of this Third Amendment shall control. VII. Balance of Amended Development Agreement Remains Effective. Except as specifically amended by this Third Amendment, all terms, conditions and provisions of the Amended Development Agreement shall remain in full force and effect. [Signature Page to Follow] Signed, sealed and delivered DEVELOPER: in the presence of: LENNAR HOMES, LLC, a Florida limited liability company Print Name: By: Print Name: Print Name: Print Title: STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me by means of❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as of LENNAR HOMES,LLC, a Florida limited liability company who is ❑ personally known to me or ❑ 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 expressed therein. WITNESS my hand and official seal in the State and County last aforesaid this day of , 20 Signature of Notary Name of Notary (typed, printed or stamped) Commission Number: Commission Expires: Signed, sealed and delivered CITY: in the presence of: CITY OF OCOEE, FLORIDA, a Florida municipal corporation By: Print Name: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON ,20 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. ,20 SHUFFIELD, LOWMAN & WILSON, P.A. By: Scott Cookson, City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me by means of❑ physical presence or ❑ online notarization, 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. WITNESS my hand and official seal in the State and County last aforesaid this day of , 20 . Signature of Notary Name of Notary (typed, printed or stamped) Commission Number: Commission Expires: JOINDER AND CONSENT The HOA hereby executes this Third Amendment solely for the purpose of agreeing to the obligation and waiver contained in Section 4(xi) of Article II of the Third Amendment and for no other purpose. Signed, sealed and delivered HOA: in the presence of: ARDEN PARK NORTH HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation By: Print Name: Print Name: Print Title: Print Name: STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me by means of❑ physical presence or ❑ online notarization, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as of ARDEN PARK NORTH HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation who is ❑ personally known to me or ❑ 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 expressed therein. WITNESS my hand and official seal in the State and County last aforesaid this day of , 20 Signature of Notary Name of Notary (typed, printed or stamped) Commission Number: Commission Expires: EXHBIT "D" Exuti2" (Tb."PDA Sk.tcb') I • I ,111,1 e\lis . ,I SECTION A "-ti', 1 041 IVA&MIRK MOW PM SECTION 0 � -' p1 Ianti or aoKK , "�, -SECTION C t4\t, !•O Mg=seta •••� \ • PDAProfessional Din ,,ems,Inc �•4 f Gar.r.rt., rt.n•.n and :AutscoM t.cbttccu +O+ :IYt Yu,re l:vd., Seat .O i'.0 4 44071 03A-1530 1 Ort.e6o. R 32e03 1'rr i,s071 US-2644 I EXHIBIT "E" , Myl/111i iNM,% F. 1 11111 ,44:-- -►� s ` ►1Ei11iiiiis miia �, :' r�s' ,\ <_ A_ t1 t Grin .. • f1111Sni7 =w,` r - : wpm wp. it s , tr-rti l • iS1111t1.� _ --` 4 PROPOSED FRO HEST HALF OF N ECLARICEROAD RD ,.:., y x ,•'3�- ai 55 t:. , FROM CLARCCNA OCCEE ROAD ro •. SOUTH OF ORCHARD PARK DR 11 - - ' A. --.•-ter .. _ i " _ it_* L. :: q 7117 i LAKE MEADOW I 1,' {" _ , '!.'1 :11..,. 1 t - . . TM r r •- 40. �'111111111111 _..^_- _.. .«... HACKNEY PRNfttE RD s;,a•"a#i ., "_r Tr _,'.� 39k a f 1 y . SECTION'D• --,,,,,.:,....f.:'_-,.. ‘, . ,;".. PROPOSED NEST HALF OF N CLARKE RD FROM SOUTH OF ORCHARD PARK DR TO I NORTH CF OCOEE V[STA PKWY I E LANE • - iOtk, 4 ,✓ t t S 5 �'� OCOEE 1Tgrq - I,-' •--._ 1 I ''t } MAPEEN . . Li . CIVIL ENGINEERS ' ORLDOCS 18130853 1 I Mayor Commissioners Rusty Johnson Larry Brinson, Sr, District 1 Rosemary Wilsen, District 2 City Manager Richard Firstner, District 3 Robert Frank George Oliver Ill, District 4 ocoee florida MEMORANDUM TO: City Commission FROM: Rebecca Roberts, Director of Finance DATE: February 11, 2021 RE: Available Funding for Clarke Rd. Widening I have reviewed the available fund balance reserves in the Road (Transportation) Impact Fee Fund and determined there are sufficient reserves available to finance the Clarke Rd. widening project with adequate contingent reserves remaining. City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100• fax: (407) 905-3167 •www.ocoee.org