HomeMy WebLinkAboutItem 03 Approval of Fourth Agreement for Modification of Wal-Mart Master Signage Plan1 1.
ocoee
florlda
AGENDA ITEM COVER SHEET
Meeting Date: October 5, 2021
Item # 3
Reviewed By.
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Fourth Agreement for Modification of Wal-Mart Signage Plan
Commission District #3 — Richard Firstner
Background Summary:
The City of Ocoee has previously approved development plans which called for the development of a
Wal-Mart Supercenter on Lot 1 and various commercial uses on Lots 2-6 of the Wal-Mart of Ocoee Plat.
As part of the development approval process, the City approved a Master Signage Plan. The Master
Signage Plan was amended in July of 2017 for the Third Time.
On July 8, 2021, the City issued a building permit for the Wal-Mart Supercenter to incorporate signage
for the new Health Clinic and also update the overall signage to match Wal-Mart's current branding
efforts. These modifications to the existing signage necessitate a further amendment of the Signage
Agreement to update the Master Sign Plan that is incorporated therein. The Fourth Modification does
not increase the overall square footage allowed and therefore was determined to be non -substantial,
Issue:
Should the Honorable Mayor and City Commission approve the Fourth Agreement for Modification of
Wal-Mart Signage?
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 Fourth Agreement for
Modification of Wal-Mart Master Signage Plan.
Attachments:
Fourth Agreement for Modification of Wal-Mart Master Signage Plan
Financial Impact:
None
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution ,
For Clerk's Dept Use:
Consent Aqenda
Public Hearing -
Regular Agenda_ gQ - - - -,
X Commission Approval
Discussion & Direction
Original DocumenttContract Attached for Execution by City Clerk
Original DocumentlContract 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. Huels, 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
FOURTH AGREEMENT FOR MODIFICATION
OF WAL-MART MASTER SIGNAGE PLAN
THIS FOURTH AGREEMENT FOR MODIFICATION OF WAL-MART MASTER
SIGNAGE PLAN (this "Fourth 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 approved a Master
Signage Plan (hereafter the "Master Signage Plan"), which Master Signage Plan was amended by
that certain Agreement for Modification of Wal-Mart Master Signage Plan recorded July 22, 2002
in Official Records Book 6572, Page 3927 (the "First Amendment"), and as further amended by
that certain Agreement for Modification of Wal-Mart Master Signage Plan recorded November
11, 2002 in Official Records Book 6666, Page 4383 (the "Second Amendment"), and as further
amended by that certain Third Agreement for Modification of Wal-Mart Master Signage Plan
recorded July 25, 2017 as Document No. 20170412346 (the "Third Amendment"), all in the Public
Records of Orange County, Florida (collectively, the "Agreements for Modification"); and
WHEREAS, the Owner and the City desire to execute this Fourth Amendment to evidence
their mutual agreement as to certain modifications of the signage permitted on portions of the
Property as more particularly described on the attached Exhibit "B" (the "Amended and Restated
Master Signage Plan"); and
0909051 \188864\10872688v 1
WHEREAS, this Fourth Amendment shall not affect any previously approved signage
plans for Lots 2, 3, 4, 5 and 6.
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. Amendment of Amended and Restated Master Signa e� Plan. The Amended
and Restated Master Signage Plan attached hereto as Exhibit `B", which incorporates all approved
signage revisions to date, shall amend and replace the Amended and Restated Master Sign Plan
attached as Exhibit "B" to the Third Amendment.
Section 3. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 4. Recording. A copy of this 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 Amendment shall become effective the day and year
first written above so long as the purpose and intent of this Fourth Amendment can still be
achieved.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
2
0909051 \ 188864\ 108726880
IN WITNESS VVMREOF, 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
Print Name:
Print Name:
STATE OF
COUNTY OF
By: WSE Management, LLC,
a Delaware limited liability company,
its General Partner
By: -
Print Name:
I HEREBY I CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, ❑ physical presence or ❑ online notarization, 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
090905 1\1 88864\1 0872688v I
Signed sealed and delivered
in the presence of
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA
Approved as to form and legality this _ day
of , 20_
By:
City Attorney
STATE OF
COUNTY OF
CITY:
0
Attest:
Rusty Johnson, Mayor
Melanie Sibbitt, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
20 UNDER AGENDA ITEM NO.
I HEREBY CERTIFY the foregoing instrument was acknowledged before me by means of
❑ physical presence or ❑ 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
4
090905 1\1 88864\1 0872688v 1
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.
5
0909051\188864\10872688v 1
EXHIBIT `B"
Amended and Restated Master Signage Plan
[SEE ATTACHED]
090905 1\1 88864\1 0872688v 1
Walmart
WIF6411 I ogle W. 11,
pte�k.pH,,Itnjjffilom Walmart
... �lm mm MEXPLA, .. - a
ii-1, I," ill —
Rf. - - 1411-111�ww—
lot: MR INK
MUM]
M —Ul I I S I I L,--- --aiiiii ill ling 6 m
it 1111 ,j7.1
—1� it — --- '419 �—1
e
g NOT USED
nCORNER DETAIL
�e
(n)2'-0 HEALTH
,
SIGN ATTACHMENT AT EIFS
(BAND METAL STUD WALL �SIGNAGE , ATTACHMENT
,o U„rz.o
@PI S DETAIL
me E- �o-
9 2 60' AUTOMOTIVE NUMERALS $ 2 Ov AUTOMOTIVE 1 60 WINE SPIRITS SIGNAGE
EL
n2 0" GROCERY 1'-6" AUTOMOTIVE 2 0" HOME & PHARMACY n 10 3" WALMART SIGN n 12 -0" WALMART SIGN
�J 4.,o �J„o_„o,
�ZSI_GNAGE ATTACHMENT
O, S
IGNAGE ATTACHMENT (� 2'-0" -PICKUP ARROW (mil NOT USED
— r��pim�Wp� u�vran.we•Tr �s� l
.... ww�nr��r�ru um�nnorrw
PICKUP BANNER AT EXISTING LIGHT POLE
NOT FOR
caNsrnucnaN
EXTERIOR
DETAILS AND
SECTIONS
wrA2 2