HomeMy WebLinkAboutItem 02 Approval of Second Amendment to Development Agreement for Wal-Mart 10, /./
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AGENDA ITEM COVER SHEET
Meeting Date: October 5, 2021
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject:. Second Amendment to Development Agreement for Wal-Mart
Commission District#3 — Richard Firstner
Background Summary:
As part of the initial development approval process for the existing Wal-Mart Supercenter and associated
outparcels, the City and Wal-Mart entered into several recorded agreements in order to evidence their
mutual agreement as to the future development of the project. Specifically, the parties entered into: (i)
that certain Development Agreement recorded October 12, 2000, in Official Records Book 6107, Page
4704, which among other things, provided for conveyance of right-of-way, established conditions of
approval for the development of the property and granted waivers from certain requirements of the City
Code; and (ii) a First Amendment to the Development Agreement recorded July 22, 2002, in Official.
Record Book 6572, Page 3915. Each of the recorded agreements have been subsequently amended
by the parties over the years to document modifications to the development plan.
On March 25, 2021, the City approved a Small-Scale Site Plan to allow for the addition of a Health Clinic
to the existing Wal-Mart Supercenter. The modifications to the existing Wal-Mart Supercenter approved
as part of the Small-Scale Site Plan necessitates a further amendment of the Development Agreement
to adjust the parking ratios set forth in the waiver table. The adjustment in parking will go from 4.66
parking spaces per 1,000 of gross floor area to 4.30 parking spaces and 5.99 parking spaces per gross
leasable area to 5.61 spaces.
Issue:
Should the Honorable Mayor and City Commission approve the Second Amendment to the
Development Agreement for Wal-Mart?
Staff Recommendation:
Since the changes reflected are diminimus and more for clarity of existing improvements, staff
recommends that the Honorable Mayor and City Commission approve the Second Amendment to the
Development Agreement for Wal-Mart.
Attachments:
Second Amendment to the Development Agreement for Wal-Mart
Financial impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
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 N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
This instrument prepared by:
Lowndes,Drosdick,Doster,
Kantor&Reed,P.A.
Jonathan P. HueIs,Esq.
215 N Eola Drive,
Orlando,FL 32801
After recording please return to:
Melanie Sibbitt,City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee,FL 34761
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Second
Amendment") is made and entered into this day of , 20 by and between
WAL-MART STORES EAST,LP, a Delaware limited partnership whose mailing address is 2608
S.E.J Street,Bentonville,Arkansas 72716-0550,Attention: Brad Rogers, Sr. Counsel(hereinafter
referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose
mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner owns 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 on Exhibit"A" attached hereto (the "Property"); and
WHEREAS, the City has previously approved development plans for the Property which
call for the development of a Wal-Mart Supercenter on Lot 1, various commercial and office uses
on Lots 2, 3, 4, 5 and 6; and
WHEREAS,as part of the development approval process the City and the Owner entered
into that certain Development Agreement recorded October 12, 2000, in Official Records Book
6107, Page 4704, as amended by that certain First Amendment to Development Agreement
recorded July 22, 2002, in Official Records Book 6572, Page 3915, all in the Public Records of
Orange County, Florida(collectively, the "Agreement"); and
WHEREAS, the City approved Small Scale Site Plan to allow for addition of a health
clinic to the existing Wal-Mart Supercenter on Lot 1 on March 25, 2021; and
WHEREAS, the Owner and the City desire to execute this Second Amendment to
evidence their mutual agreement as to certain modifications to the waivers from the requirements
of the Ocoee Land Development Code previously granted in the Agreement; and
WHEREAS, this Second Amendment shall not affect any previously approved waivers,
conditions of approval, or any other terms of the Agreement with respect to Lots 2, 3, 4, 5, and 6.
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NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which being hereby acknowledged by each party
hereto, the parties hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amendments. The Amended and Restated Development Agreement shall
be amended as follows:
(a) Exhibit"C". Exhibit"C" as referenced in Section 4 of the Agreement and attached
thereto is hereby deleted in its entirety and replaced with the Revised Exhibit"C" attached.
Section 3. Counterparts. This Seond Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 4. Recording.A copy of this Second Amendment shall be recorded by the City
among the official land records of Orange County, Florida at Owner's expense.
Section 5. Effective Date.This Second Amendment shall become effective the day and
year first written above so long as the purpose and intent of this Amendment can still be achieved.
Section 6. No other Modifications/Full Force and Effect. Except as set forth herein
the terms and conditions of the Agreement shall remain unmodified and in full force and effect.
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[Attached to Second Amendment to Development Agreement]
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed sealed and delivered OWNER
in the presence of
WAL-MART STORES EAST,LP,
a Delaware limited partnership
By: WSE Management, LLC,
Print Name: a Delaware limited liability company,
its General Partner
By:
Print Name: Print Name:
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared , as the
of WSE Management, LLC, a Delaware limited liability company, the
General Partner of Wal-Mart Stores East, LP, a Delaware limited liability partnership, who is
personally known to me or who produced as identification and that he/she
acknowledged executing the same on behalf of said corporation 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 County and State aforesaid this day of
Signature of Notary
Printed Name of Notary
Commission Number(if not legible on seal
My commission expires(in not legible on seal
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[Attached to Second Amendment to Development Agreement]
Signed sealed and delivered CITY:
in the presence of
CITY OF OCOEE,FLORIDA
By:
Print Name: Rusty Johnson, Mayor
Attest:
Print Name: Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD ON
Approved as to form and legality this day , 20 UNDER AGENDA ITEM NO.
of , 20
By:
City Attorney
STATE OF
COUNTY OF
I HEREBY CERTIFY the foregoing instrument was acknowledged before me by means of
El physical presence or El online notarization, an officer duly authorized in the State and County
aforesaid to take acknowledgements, personally appeared RUSTY JOHNSON and MELANIE
SIBBITT, personally known to me to be the Mayor and City Clerk of the CITY OF OCOEE,
FLORIDA,respectively, and that they severally acknowledged executing the same in the presence
of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State aforesaid this day of
, 20 .
Signature of Notary
Printed Name of Notary
Commission Number(if not legible on seal
My commission expires(in not legible on seal
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[Attached to Second Amendment to Development Agreement]
EXHIBIT "A"
Legal Description
TRACTS A, B AND C, AND LOT 1, WAL-MART AT OCOEE, ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 48, PAGE 122, OF THE PUBLIC
RECORDS OF ORANGE COUNTY,FLORIDA, LESS THAT PART CONVEYED TO STEAK
N SHAKE OPERATIONS,INC. IN SPECIAL WARRANTY DEED RECORDED DECEMBER
27, 2006 IN OFFICIAL RECORDS BOOK 8386 PAGE 2787, AND CORRECTIVE
WARRANTY DEED RECORDED FEBRUARY 10, 2008 IN OFFICIAL RECORDS BOOK
8475 PAGE 3664, AND LESS THAT PART CONVEYED TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION IN WARRANTY DEED RECORDED JANUARY 2,
2007 IN OFFICIAL RECORDS BOOK 9041 PAGE 4442, TOGETHER WITH SUCH
EASEMENTS THAT MAY BENEFIT THE ABOVE DESCRIBED LAND AS SET FORTH IN
SIGN EASEMENT RECORDED DECEMBER 27,2005 IN OFFICIAL RECORDS BOOK 8386
PAGE 2792, AND IN STORMWATER DRAINAGE EASEMENT RECORDED MARCH 28,
2006 IN OFFICIAL RECORDS BOOK 8552 PAGE 2639, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
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REVISED EXHIBIT "C"
WAIVER TABLE
[SEE ATTACHED]
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WAIVER TABLE
•
WAIVER REOUEST CODE SECTION CODE STANDARD PROPOSED JUSTIFICATION
TOTAL PARKING SPACES 6-4-G-6-h 5 SPACES PER 1,000 S.F.GROSS FLOOR 4,30 4,66 SPACES PER 1,000 S.F.GROSS FLOOR IN ORDER TO ACCOMMODATE THE NEED FOR ADDED STORAGE OF SEASONAL
AREA AREA MERCHANDISE AND PROVIDE ONE COMMON DELIVERY TRUCK TURN AROUND AREA
SHARED BY BOTH TRUCK WELLS,ADDITIONAL ENCLOSED BUILDING AREA NOT UTILIZED
FOR THE SALE AND DISPLAY OF MERCHANDISE,HAS BEEN ADDED THEREBY INCREASING
5.61,5:99 SPACES PER 1,000 S.F.GROSS THE TOTAL GROSS FLOOR AREA OF THE BUILDING. BY EXCLUDING THESE ADDITIONAL
LEASABLE AREA AREAS AND OTHER BUILDING AREAS NOT DEDICATED FOR THE SALE AND DISPLAY OF
MERCHANDISE,A PARKING RATIO OF 5.60 5139 SPACES PER 1000 SF OF GROSS
LEASABLE AREA IS PROVIDED.
OUTLOT 6-14-C-1-b 50%OF TOTAL ROADWAY FRONTAGE 39.4%OF TOTAL FRONTAGE PROPOSED OUTLOT FRONTAGE EQUATES 10 39.4%OF THE TOTAL LINEAR ROADWAY
AND NO MORE THAN TWO OUTPARCELS FRONTAGE OF THE PROPOSED SUBDIVISON EVEN THOUGH MORE THAN 50%ON S.R.50.
MAY ABUT EACH OTHER THE OULOTS HAVE BEEN INTENTIONALLY ARRANGED AND LOCATED TO BE COMPATIBLE
S.R.50: 71.2% WITH THE INTENSITY OF NEIGHBORING USES. OUTLOTS FRONTING BLACKWOOD
AVENUE AND THE HOSPITAL HAVE BEEN RESTRICTED IN USE TO PROFESSIONAL OFFICE.
OLD WNTER GARDEN ROAD: 0% HIGHER INTENSE OUTLOTS,TYPICALLY PERMITTED UNDER C-2 ZONING BUT EXCLUDING
CAR LOTS,BOAT LOTS AND PAWN SHOPS AS WELL AS AUTOMOBILE SERVICE STATIONS
OR CONVENIENCE STORES WITH GAS SALES ON LOT 4,HAVE BEEN LOCATED ALONG S.R.
BLACKWOOD AVENUE: 51.5% 50. THEREBY BEING CONSISTENT WITH THE USES LOCATED ALONG THE NORTH SIDE OF
S.R.50.DUE TO THE LOCATION OF A PRIMARY ENTRANCE DRIVE FROM S.R.50 INTO THE
WAL-MART SITE,NO MORE THAN TWO OUTLOTS ACTUALLY ABOUT EACH OTHER EVEN
THOUGH THERE ARE 3 IN A ROW. NO OUTLOTS HAVE BEEN PROPOSED ALONG OLD
WINTER GARDEN ROAD IN ORDER TO MINIMIZE IMPACTS TO THE MULTI-FAMILY
RESDENTIAL DEVELOPMENT LOCATED ON THE SOUTH SIDE OF OLD WINTER GARDEN
ROAD. DUE TO THE STRATEGIC PLACEMENT OF WATER FEATURES AND OPEN SPACE
AREAS AT THE CORNERS OF THE SUBDIVISION ANO REQUIRED OPEN SPACE AREAS TO
BE PROVIDED WITHIN THE INDIVIDUAL OUTLOTS UPON THEIR DEVELOPMENT. THE
PROPOSED WAL-MART SUPERCENTER WILL ENJOY SUFFICIENT VISABILITY AND LINES OF
SIGHT FROM THE ADJACENT ROADWAYS.
WALL SIGNAGE 6-14-C-5 SINGLE USE: S.R.50: 143.62 S.F. BASED ON SIZE AND NUMBER OF USES A WAL-MART SUPERCENTER IS MORE
CONSISTENT WITH A SHOPPING CENTER USE THAN A SINGLE USE. AS A RESULT 667
S.F.OF SIGNAGE WOULD BE ALLOWED FOR A SIMILAR SHOPPING CENTER
200 S.F.FOR EACH SIDE FACING A OLD WINTER GARDEN ROAD: 143.62 S.F. DEVELOPMENT. THIS AREA IS DETERMINED AS FOLLOWS: RETAIL-143,043 S.F.;
PUBLIC STREET GROCERY-60,697 S.F.;GARDEN CENTER-14,937 S.F.;T.L.E.-4,455 S.F.;
BLACKWOOD AVENUE: 695.70 S.F. RESTAURANT-2,179 S.F.;VISION CENTER-2,001 S.F.;PHARMACY-3,689 S.F. BANK-
HOPPING CENTER USE: 762 S.F.;TENANT-912 S.F.;HAIR CARE-1,236 S.F.IN ADDITION,THE STANDARD
S S.F. WAL-MART SIGN ELEMENTS ALONG THE FRONT OF THE BUILDING HAVE BEEN REDUCED
667
OR REMOVED TO PROVIDE A BASIC SIGN PACKAGE. SIGNS ALONG THE FRONT OF THE
BUILDING ARE SITUATED IN SPECIALLY DESIGNED AND ARCHITECTURALLY ENHANCED
AREAS TO COMPLIMENT AND ADD SCALE TO THE BUILDING WHILE PROVIDING
DIRECTION TO THE CUSTOMER.
LANDSCAPING IN PARKING 6-14-C-1-f-xE NO LONGER THAN 90'WITHOUT A MAXIMUM OF 174'USING ENLARGED ISLANDS IN ORDER TO PROVIDE SYMMETRY IN THE PARKING AREA AND A CONSISTENT DESIGN,
AREA LANDSCAPED ISLAND LANDSCAPED ISLANDS AND STRIPS HAVE BEEN PROPOSED WHICH WILL BREAK THE
MAIN PARKING AREA INTO CUADRANTS IN FRONT OF EACH PRIMARY VESTIBULE. IN
ORDER TO PROVIDE TREES IN GREATER NUMBER AND SIZE THAN THAT REQUIRED BY
CODE,THE PARKING ISLANDS PROPOSED HAVE BEEN ENLARGED TO ALMOST THREE
TIMES THE SIZE REQUIRED BY CODE. THE TOTAL VEHICLE USE OPEN SPACE COMPLIES
WITH CODE REGUIREMENTS.
BUILDING SETBACK 6-14-C-1-o 35 FEET 15 FEET WITH PARKING PREDOMINATELY ON THE A 15'BUILDING SETBACK FOR THE PROFESSIONAL OFFICE OUTLOTS(LOTS 5&6)ALONG
SHOPPING CENTER SIDE BLACKWOOD AVENUE IS PROPOSED TO PERMIT THE CONSTRUCTION OF AN OFFICE OF
REASONABLE SIZE AND PEDESTRIAN FRIENDLY,STREETSCAPE SCHEME FACING THE
HOSPITAL. AS PREVIOUSLY MENTIONED,THE VOLUNTARY RESTRICi'ION OF THESE
OUTLOTS TO PROFESSIONAL OFFICE IS PROPOSED TO COMPLIMENT THE HOSPITAL USE
ACROSS BLACKWOOD AVENUE AND PROVIDE A BUFFER IN USE INTENSITY BETWEEN THE
HOSPITAL AND WAL-MART. BUILDING FRONTING BLACKWOOD AVENUE WILL BE
REWIRED TO BE DESIGNED IN A MANNER THAT IS COMPLIMENTARY TO THE
STREETSCAPE AND DESIGNED SO AS NOT TO APPEAR AS THE REAR OF A COMMERCIAL
OR OFFICE STRUCTURE.
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