HomeMy WebLinkAboutItem 07 Approval of Memorandum of Agreement with GPK OET LLC for Property to be Utilized as a Joint Use Master Stormwater PondContact Name:
Contact Number:
x
Meeting Date: November 1, 2022
Item # ri
Michael Rumer
(407) 554-7083
Reviewed By:
Department Director:
City Manager:
Michael R
Background Summary:
GPK OET LLC (GPK) is currently under contract to purchase 17.96 acres of land located on the northeast corner
of Ocoee Apopka Road and Fullers Cross Road from the City. The parcel is a Tract of Land within the Crown Point
PUD. GPK has submitted a Preliminary Site plan for a mixed use development consisting of multifamily apartments
and retail. Portions of the Tract under contract for sale were utilized as part of the Ocoee Apopka and Fullers Cross
Road intersection improvements that were completed late last year. Initially, the GPK project was designed with
the requirement to dedicate 20 feet of right of way on Fullers Cross Road and Ocoee Apopka Road. The intersection
improvements ended up using up to 45 feet of land on both Ocoee Apopka Road and Fullers Cross Road from the
Tract under contract.
Additionally, the design of the project indicated a need for additional stormwater capacity for the improvements to
the intersection of Ocoee Apopka Road and Fullers Cross Road. Also, staff is evaluating the future stormwater
needs for the eventual widening of Ocoee Apopka Road and identified that the 6.8 acres Tract of land on the north
side of SR 429 (06-22-28-0000-00-004) is suitable and sufficiently located to provide an opportunity for a City
Owned and Maintained Joint Use Master stormwater pond. The utilization of this Tract as a Master Stormwater
pond would provide a location for stormwater for the GPK site, intersection improvements, future land widening of
Ocoee Apopka Road, and provide additional storage for City owned properties in the area.
City Staff has negotiated with GPK OET LLC to design, engineer, and construct a Master Stormwater Pond to the
mutual benefit of both parties. With the approval of the Memorandum of Agreement, GPK will design, engineer and
construct a Master Stormwater pond to accommodate both their project's stormwater needs as well as the
stormwater for the intersection improvements, and to retain additional stormwater for future land development or
road widening. The approval will also be included in a Development Agreement for GPK's Mixed Use at Fullers
Cross Large Scale Site Plan.
Issue:
Should the Honorable Mayor and City Commissioners approve a Memorandum of Agreement with GPK OET LLC
(Contracted to Purchase Parcel 06-22-28-0000-00-056) for the utilization of Parcel 06-22-28-0000-00-004 as a
location for offsite Joint Master Stormwater Pond?
Recommendations:
The Development Services Department recommends approval of the Memorandum of Agreement between GPK
OET LLC and the City of Ocoee for property to be used as a Joint Use Stormwater Pond,
Attachments:
Memorandum of Understanding
Concept Plan with Off -site Master Stormwater
Financial Impact:
There is no financial impact.
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
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
2
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum of Understanding" or
"MOU") is made and entered into as of , 2022 (the "Effective Date"), by and
between the City of Ocoee, Florida, a Florida municipal corporation ("City"), with an address of
1 North Bluford Avenue, Ocoee, Florida 34761, and GPK OFT LLC, a Florida limited liability
company ("GPK"), with an address of 8615 Commodity Circle, Suite 17, Orlando. FL 32819.
WHEREAS, City and GPK entered into that certain Purchase and Sale Agreement dated
October 12, 2020 for GPK's purchase of approximately 17.96 acres of land (the "Property")
located on the northeast corner of Ocoee Apopka Road and Fullers Cross Road from the City; and
WHEREAS, GPK submitted a Preliminary Site Plan to the City for approval for the
Property for a mixed use development consisting of multi -family apartments and retail; and
WHEREAS, twenty feet (20') of right of way from the Property along Ocoee -Apopka
Road and Fullers Cross Road was required for intersection improvements completed in 2021; and
WHEREAS, the City has determined that additional right of way is required for
intersection improvements to both Ocoee -Apopka Road and Fullers Cross Road which results in a
reduction of approximately two (2) acres in the Property available for development; and
WHEREAS, the parties have determined that the additional land taken for the intersection
improvements would result in a potential loss of either retail area or up to 66 multi -family units;
and
WHEREAS, the City has determined that Parcel 06-22028-0000-00-004, a 6.8 acres tract
of land on the north side of SR 429 is suitable and sufficiently located to provide for a City owned
and maintained master stormwater pond (the "Stormwater Tract"); and
WHEREAS, the utilization of the Stormwater Tract as a master Stormwater pond would
provide a location for Stormwater for the Property and provide additional storage for City owned
properties in the area;
WHEREAS, the City and GPK have agreed to enter into this MOU to set forth certain
terms and obligations between the parties.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration
delivered pursuant to the Agreement, the receipt and sufficiency of which are acknowledged, Seller
and Buyer enter into the following agreement:
Page 1 of 4
Recitals. The above recitals are true and correct and are incorporated in this
Memorandum by reference as if set forth in full herein.
2. Understandings. The parties set forth their understandings under this MOU as
follows:
City may dedicate or convey the lands necessary for the additional right of way
required for the intersection improvements to both Ocoee -Apopka Road and Fullers
Cross Road. The dedication or conveyance of such lands will not reduce the
purchase price under the Purchase Agreement and will be at the City's sole cost
and expense. GPK shall not be entitled to any impact fee credits or compensation
relating to such dedication or conveyance.
b. GPK may utilize for offsite master stormwater drainage for the development on the
Property.
c. GPK, at GPK's sole cost and expense, agrees to design, engineer, and construct a
master stormwater pond as shown on Concept Plan "P" ("Concept Plan `P"')
attached hereto and incorporated herein by this reference, to accommodate
stormwater from the Property and for City -owned properties in the area, including,
but not limited to, future land development and road widening. GPK shall not be
entitled to any impact fee credits or compensation relating to the construction of the
master stormwater pond on the Stormwater Tract. The City will grant to GPK such
easements as are reasonably necessary relating to the construction of the master
stormwater pond on the Stormwater Tract.
d. The parties agree to amend the Contract for Sale and Purchase between the parties
to provide that the City will provide a credit at closing of Buyer's actual and
documented third -party incurred soft costs related to the master stormwater pond
on the Stormwater Tract in amount not to exceed Fifty Thousand Dollars and No
100/s ($50,000.00).
3. Development Agreement. City and GPK agree to memorialize the terms of this MOU
in a Development Agreement for Property (the "Development Agreement"). Once
the parties have entered into the Development Agreement, this MOU shall terminate
and be of no further force or effect.
4. Binding Effect. The terms and provisions of this Memorandum shall be binding upon
and inure to the benefit of the City and GPK, and their representatives, successors, and
assigns. The burdens hereof shall run with the land, with the effect that any person or
entity which acquires an interest in the Property shall be bound by the burdens hereof.
In the event of any conflict between the terms and conditions of this MOU and the
terms of the Development Agreement, the terms of the Development Agreement shall
control.
Page 2 of 4
IN WITNESS WHEREOF, by their signatures below, the parties have caused this
Memorandum of Understanding to be executed and effective as of the Effective Date.
GPK OET, LLC, a Florida limited liability company
By:
Name:
sen zhang
Title
manager
CITY OF OCOEE, a Florida municipal corporation
Bv:
RUSTY JOHNSON
Mayor
Attest:
MELANIE SIBBITT
City Clerk
APPROVED BY THE OCOEE CITY COMMISSION
AT A MEETING HELD ON 2022,
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY this _ day of
,2022.
City Attorney
Page 3 of 4
Mixed use (a), Fuller's Cross Road CONCEPT PLAN "P"
Ocoee FL.. PROJECT DATA
TOTAL PRO..EDT AREA:
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"00• �i • � i I J« - �(�{� N,,. .p PROPERTY FUTURE LAND USE:
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