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HomeMy WebLinkAboutItem 07 Approval of a Revision to the Purchase and Sale Agreement between GPK OET, LLC and the City of Ocoee for the 17.96 acres Located at the NE Corner of Fullers Cross Rd & Apopka RdMeeting Date: July 18, 2023 Item #: 7 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank 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 which is located in Commission District 1 - Scott Kennedy. 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 and while the City was negotiating a contract with GPK. 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 per the approved Ocoee Crown Point PUD. The intersection improvements ended up using up to 45 feet in lieu of the 20 feet of land on both Ocoee Apopka Road and Fullers Cross Road because of the rural section of road that utilizes road side swales for drainage. The additional 20-26 feet of land used for the drainage swales reduces the amount of land GPK is purchasing by +/- one (1) acre. Back in November of 2022, the City Commission approved a Memorandum of Understanding to allow GPK to investigate using property the City owns located at 2130 Ocoee Apopka Road (Parcel ID 06-22-28-0000-00- 004) for stormwater management purposes. After conducting its due diligence on the 6.8 acre parcel, it was determined that the characteristics of the land would not be suitable for stormwater management purposes for the property, mainly due to the high water table. GPK spent $54,379.50 on this investigation. GPK, OET, LLC has now come up with a different plan to move forward with the development of the property. GPK is now requesting a reduction in the purchase price for the contract by $252,598. This reduction in the contract price from $3,560,000 to $3,307,402 represents the prorata diminution in value of the Property in the amount of $198,218, resulting from the City's extra conveyance of approximately one acre of the Property for right-of-way purposes and the reimbursement of $54,380 in due diligence expenses (schedule enclosed). Again, this is to cover costs incurred by GPK in evaluating the 6.8 acre parcel for stormwater management purposes that was necessitated as a result of a modification to the Preliminary Site Plan for the additional right-of-way conveyance. Issue: Should the Honorable Mayor and City Commissioners approve an Amendment to the Purchase and Sale City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Phone: (4 *1 00 •; •-- • s Page 65 of 199 Agreement between GPK OET, LLC and the City of Ocoee to purchase 17.96 acres of land located on the northeast corner of Ocoee Apopka Road and Fullers CrossRoad? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve an Amendment to the Purchase and Sale Agreement between GPK OET, LLC and the City of Ocoee to purchase 17.96 acres of land located on the northeast corner of Ocoee Apopka Road and Fullers Gross Road. Attachments: 1. Letter to City of Ocoee 2. Reimbursement Amount - Fuller Cross Project Northern Pond Financial Impacts: Reduction of purchase price from $3,560,000 to $3,307,402 Type of Item: Consent City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Page 66 of 199 May 30, 2023 City of Ocoee, Florida Attn: Robert D. Frank, City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 Scott M. Price, Esquire 407-425-7010 sspriceL&zkslawfirm.com Re: Purchase and Sale Agreement ("Contract") by and between CITY OF OCOEE, FLORIDA, a Florida municipal corporation ("Seller") and GPK OET LLC, a Florida limited liability company ("Buyer") for Approximately 17.96 Acres, City of Ocoee, Orange County, Florida ("Property") Dear Mr. Frank: As you may know, this firm represents GPK OET LLC, a Florida limited liability company. As you may recall, the City informed my client that it required additional right of way along Ocoee Apopka Road and additional right of way along Fullers Cross Road that was a part of the Property. In looking for a solution to allow my client to proceed with the development of the Property, my client investigated using property the City owns located at 2130 Ocoee Apopka Road, Orange County Parcel ID 06-22-28-0000-00-004 ("SWM Parcel") for stormwater management purposes. After conducting its due diligence on the SWM Parcel, it was determined that the SWM Parcel would not be suitable for stormwater management purposes for the Property mainly due to the high water table in that section. Having now come up with a different plan to move forward with the development of the Property, my client would like to request a reduction in the purchase price for the Property related to these issues. My client is requesting that the purchase price under the Contract be reduced by $252,598. This will reduce the contract price from $3,560,000 to $3,307,402. This reduction represents the prorata diminution in value of the Property in the amount of $198,218 resulting from the City's extra conveyance of approximately one acre of the Property for right of way purposes ("Right of Way Conveyance") and the reimbursement of $54,380 in due diligence expenses (schedule enclosed) incurred by my client in evaluating the SWM Parcel for stormwater management purposes that was necessitated as a result of a modification to my client's site plan for the Property required due to the Right of Way Conveyance. One Landmark Center, Suite 600 315 E. Robinson St Orlando, FL 32801 Phone 407-425-7010 Fax 407-425-2747 www,zkslawfirm.com 15425.11647721v1 Page 67 of 199 May 24, 2023 Enclosed herewith is a proposed amendment to the Contract for consideration by the City. Please let us know if you require any additional information for us to help facilitate this request. cc: Scott Cookson, City Attorney (via FedEx) 2 Sincerely, Scott M. Price #15425.11647721v1 Page 68 of 199 Northern Pond Pavee Name Proposal Date Proposal Amount Job Date Paid Paid Amount Invoice Number Total Paid Surveying and Mapping Services 12/6/2022 $ 22,550.00 41424 for the pond Surveying and Mapping Services 10/6/2022 $ 30,400.00 $ 24,075.50 for the pond - seasonal high water 3/23/2023 $ 1,525.50 41479 line nails Preliminary Threatened & Endangered Species Assessment, 11/15/2022 $ 3,250.00 1019681 10/3/2022 $ 5,850.00 Preliminary Wetlands Determination and Phase I Environmental Site Assessment 12/8/2022 $ 2,600.00 1019996 ECS Florida LLC 10/12/2022 $ 4,500.00 Change Order due to northern 2/27/2023 $ 4,500.00 1045575 $ 21,200.00 stormwater pond 10/13/2022 $ 6,500.00 Subsurface Exploration and 2/27/2023 $ 6,500.00 1045576 Geotechnical Engineering Services 2/3/2023 $ 13,500.00 FDEP, SJRWMD, and Orange 3/10/2023 $ 2,450.00 1049608 County Wetland Permitting 5/19/2023 $ 1,900.00 i 1059667 Addi Site Design, Off site unility/roadway improvement and 12/13/2022 $ 3,904.00 0157697 AVID Group LLC 10/30/2023 $ 38,950.00 drainage modifications $ 9,104.00 Addi site design, drainage modifications 3/20/2023 $ 1,950.00 0158001 Drainage Modifications 5/19/2023 $ 3,250.00 0158198 Page 69 of 199 paid by gpk cat 11c boa by deliver by 12/6/2022 Emznr r r r= INVOICE GPK, LLC 8615 Commodity Circle, Suite 17 Orlando, Florida 32819 Attention: Mr. Jeff Adelman, Director of Real Estate Cust. No. GPK-00 I Job No. 22-109 Invoice No.41424 Date: 11/29/22 Billing No. I Scope of Work: For Professional Surveying and Mapping Services for the Ocoee Pond Parcel Survey, Ocoee, Florida. Status of Work: Complete Authorization: Per Our Proposal Executed October 6, 2022 ALTA Boundary Survey: ........................................................ $8,075.00 Topographic Survey: ............................................................. $7,125.00 Tree Survey: Hrly With Budget 3 Man Survey Crew 26.0 Hrs @ $ 175.00 / Hr: .............................. $4,550.00 Jurisdictional Wetland Flagging Survey: Hrly With Budget 3 Man Survey Crew 16.0 Hrs @ $ 175.00 / Hr: .............................. $2,800.00 Total Due This Invoice $22,550.00 PEC-Surveying and Mapping - 2100 Alafaya Trail, Suite 203, Oviedo, Florida 32765 - 407-542-4967 - www.peconline.com Page 70 of 199 UMU32W=Ml=M INVOICE GPK, LLC 8615 Commodity Circle, Suite 17 Orlando, Florida 32819 Attention: Mr. Jeff Adelman, Director of Real Estate Cust. No. GPK-00 I Job No. 22-109 Invoice No.41479 Date: 03/16/23 Billing No. 3 Scope of Work: For Professional Surveying and Mapping Services for the Ocoee Pond Parcel Survey, Ocoee, Florida: o Survey of Seasonal High Water Line Nails Status of Work: Complete Authorization: Per Your Email Requests 2-Man Survey Crew: 9.0 Hrs @ $ 155.00 / Hr: .................................. 1,395.00 Registered Surveyor / Senior CAD: 2.0 @ $ 150.00 / Hr:...................... 300.00 Total Earned This Invoice Less Discount per David White Total Due This Invoice paid by gpk pet 11c boa by deliver by 3/23/23 $ 1,695.00 < $ 169.50> $ 1,525.50 PEC-Surveying and Mapping - 2100 Alafaya Trail, Suite 203, Oviedo, Florida 32765 - 407-542-4967 - www.peconline.com Page 71 of 199 paid by gpk oet Ilc boa by deliver by 11/15/202 PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCE CUSTOMER CODE PROJECT NO. BILLED THRU DATE TERMS Please Pay This Amount: 55:PJ6801 55:5334 10/29/2022 1 DUE UPON RECEIPT nt Services Invoice Total - Please Remit => If you have any questions regarding this invoice, please contact Billy Pratsch at 407.859.8378 * BUDGET SUMMARY * Budget Estimate: $3,250.00 Previously Invoiced: $0.00 Amt. This Invoice: $3,250.00 Amt. Remaining: $0.00 Subtotal $3,250.00 $3,250.00 $3,250.00 000»������������00000000000000000000�000 $3,250.00 A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS Page 72 of 199 paid by cgpk oet llc boa by deliver by 12//22 PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCE CUSTOMER CODE PROJECT NO. BILLED THRU DATE TERMS Please Pay $2,600.00 This Amount: 55:PJ6800 55:5334-A 10/29/2022 DUE UPON RECEIPT Description Quantity Units Unit Price Extensi• • . Phase I ESA Report $2,600.00 Subtotal: $2,600.00 Invoice Total - Please Remit => $2,600.00 If you have any questions regarding this invoice, please contact Jackson Reagan at 407.859.8378 * BUDGET SUMMARY * Budget Estimate: $2,600.00 Previously Invoiced: $0.00 Amt. This Invoice: $2,600.00 Amt. Remaining: $0.00 A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS Page 73 of 199 Invoice Total - Please Remit => $4,500.00 Ifyou have any questions regarding this invoice, please contact Ms. Taylor McDade at 407.859.8378 BudgeEstimate: $4.500.00 Previously Invoiced: $0.00 Amt. This Invoice: $4.500.00 Amt. Remaining: $0.00 AplNANCE CHARGE OF1.5%PER MONTH (18%ANNUALLY) WILL @E ADDED TQALL INVOICES UNPAID AFTER 3UDAYS Page 74 of 199 paid by gpk oet lic boa by deliver by 2/27/23 PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCE Please Pay $6,500.00 CUSTOMER CODE PROJECT NO. BILLED THRU DATE I TERMS This Amount: 55:PJ6800 24:7014-B 1/28/2023 DUE UPON RECEIPT Description Quantity Units Unit Price Extension Total Geotechnical Exploration and Report $6,500.00 Subtotal: $6,500.00 Invoice Total - Please Remit => $6,500.00 If you have any questions regarding this invoice, please contact Ms. Taylor McDade at 407.859.8378 * BUDGET SUMMARY * Budget Estimate: $6,500.00 Previously Invoiced: $0.00 Amt. This Invoice: $6,500.00 Amt. Remaining: $0.00 A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS Page 75 of 199 PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCJE Please Pay CUSTOMER CODE I PROJECT NO. BILLED THRU DATE I TERMS This Amount: $2,450.00 Description Quantity Units Unit Price Extension Total Progress billing for wetland permitting services $2,450.00 Subtotal: $2,450.00 Invoice Total - Please Remit => $2,450.00 Ifyou have any questions regarding this invoice, please contact Billy Pratsch at 407.859.8378 BudgeEstimate: $13.500.00 Previously Invoiced: $0.00 Amt. This Invoice: $2,450.00 Amt. Remaining: $11,050.00 AplNANCE CHARGE OF1.5%PER MONTH (18%ANNUALLY) WILL @E ADDED TQALL INVOICES UNPAID AFTER 3UDAYS Page 76 of 199 paid by gpk oet Ilc boa by deliver by /19/2 PLEASE DETACH AND RETURN DUPLICATE COPY WITH YOUR REMITTANCE CUSTOMER CODE PROJECT NO. BILLED THRU DATE TERMS Please Pay This Amount: 55:PJ6801 55:5334-B 4/1/2023 1 DUE UPON RECEIPT ng for wetlancl permitting se Invoice Total - Please Remit => Remarks: Consultation/coordination with project engineer. Consultation/coordination with client. JD wetland line and site plan review. If you have any questions regarding this invoice, please contact Billy Pratsch at 407.859.8378 * BUDGET SUMMARY * Budget Estimate: $13,500.00 Previously Invoiced: $2,450.00 Amt. This Invoice: $1,900.00 Amt. Remaining: $9,150.00 Subtotal $1,900.00 $1,900.00 A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS Page 77 of 199 paid by gpk oet Ilc boa by deliver by 12/1 /22 Invoice GPK OET, LLC V' 8615 Commodity Circle, Unit 17 Orlando, FL 32819 AVID GROUP, LLC 2300 Curlew Road Suite 201 Palm Harbor, FL 34683 PH 727-789-9500 November 30, 2022 Project No: Invoice No: Due Date: Project 3386004.00 NEC Fuller's Cross Road & Ocoee -Apopka Rd Professional Services from October 30, 2022 to November 26. 2022 Task 0000 Professional Services Billing Phase City LU/Zoning Pre -Application Meeting Planning Services Preliminary Approval Services Improvement/Final Site Plan Process Drainage Calculation Services Permitting Addl Site Design Services Off -Site Utility Improvements Off -Site Roadway Improvements Drainage Modifications Permitting Modifications Total Fee Charles Potter, PE Fee 500.00 4,900.00 12, 000.00 35, 900.00 16, 700.00 33, 050.00 6,500.00 4,500.00 17, 950.00 6,500.00 3,500.00 142,000.00 Total Fee Percent Complete 100.00 100.00 100.00 36.00 65.00 0.00 10.00 10.00 10.00 10.00 0.00 Previous Fee Billing 3386004.00 0157697 December 30, 2022 Earned 500.00 4,900.00 12, 000.00 12, 924.00 10, 855.00 0.00 650.00 450.00 1,795.00 650.00 0.00 44, 724.00 40,820.00 Total this Task Total this Invoice Current Fee Billing 0.00 0.00 0.00 359.00 0.00 0.00 650.00 450.00 1,795.00 650.00 0.00 3,904.00 3,904.00 $$,904 U6 $3,904.00 Please make checks payable to AVID Group, LLC. - Now accepting credit card payments! Page 78 of 199 paid by gpk oet lic boa by deliver by 3/20/23 Iinvoice I AVID GROUP, LLC 2300 Curlew Road Suite 201 Palm Harbor, FL. 34683 PH 727-789-9500 March 7, 2023 Project No: 3386004.00 GPI OET, LLC Invoice No: 0158001 8615 Commodity Circle, Unit 17 Due Date: April 6, 2023 Orlando, FL 32819 Project 3386004.00 NEC Fuller's Cross Road & Ocoee -Apopka Rd Professional Services from JanuaN 29, 2023 to March-4,-,2023 ---------------------------------- Task 0000 Professional Services Percent Current Fee Billing Phase Fee Complete Earned Billing City LU/Zoning Pre -Application Meeting 500.00 100.00 500.00 OW Planning Services 4,900,00 100.00 4,900,00 0,00 Preliminary Approval Services 12,000.00 100.00 12,000.00 0,00 Improvement/Final Site Plan Process 35,900.00 36.00 12,924.00 0e00 Drainage Calculation Services 16,700.00 65.00 10,855.00 0,00 Permitting 33,050.00 0.00 0.00 0.00 Addl Site Design Services 6,500.00 25.00 1,625.00 975.00 Off -Site Utility Improvements 4,500.00 10,00 450,00 0.00 Off -Site Roadway Improvements 17,950.00 10.00 1,795.00 000 Drainage Modifications 6,500.00 25.00 1,625.00 975.00 Permitting Modifications 3,500.00 0.00 0.00 0:00 Total Fee 142,000.00 46,674.00 1,950,00 Previous Fee 44,724,00 Billing Total Fee 1,950.00 Total this Task ` i,95tl.Qi1 UA_ku;itt� Charles Potter, PE Please make checks payable to AVID Group, LLC. - Now accepting credit card payments! Page 79 of 199 AVID GROUP, LLC 2300 Curlew Road Suite 201 Palm Harbor, FL 34683 PH 727-789-950o GPK OET, LLC 8615 Commodity Circle, Unit 17 Orlando, FL 32819 May 4, 2023 Project No: 3386004.00 Invoice No: 0158198 Due Date: June 3, 2023 Project 3386004.00 NEC Fuller's Cross Road & Ocoee -Apopka Rd Professianal Services from A ril 2 2023 to A ril 29 2023 ------------------------- " Task 0000 Professional Ser vices Billing Phase City LU/Zoning Pre -Application Meeting Planning Services Preliminary Approval Services Improvement/Final Site Plan Process Drainage Calculation Services Permitting Addl Site Design Services Off -Site Utility Improvements Off -Site Roadway Improvements Drainage Modifications Permitting Modifications Total Fee Percent Current Fee Fee Complete Earned Billing 500.00 100.00 500.00 4,900.00 100.00 4,900.00 12,000.00 100.00 12,000.00 35,900.00 36.00 12,924.00 16,700.00 65.00 10,855.00 33,050.00 0.00 0.00 6,500.00 25.00 1,625.00 4,500.00 10.00 450.00 17,950.00 10.00 1,795.00 6,500.00 75.00 4,875.00 3,500.00 0.00 0.00 142,000.00 49,924.00 Previous Fee 46,674.00 Billing Total Fee Total this Task Total this Invoice 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,250.00 0.00 3,25000 Charles Potter, PE Please make checks payable to AVID Group, LLC. - Now accepting credit card payments! Page 80 of 199 Exhibit A Meeting Date: July 18, 2023 Item #: 7 Contact Name: Ginger Corless Department Director: Michael Rumer Contact Number: Ext. 1028 City Manager: Robert Frank Background Summary: Property Assessed Clean Energy (PACE) was established by Florida Statute 163.08 as a financing mechanism that enables low-cost, long-term funding for energy efficiency, renewable energy, and wind hardening improvements to real property. It is funded by private capital and is repaid as a non -ad valorem assessment on the property's annual tax bill. The assessment can be amortized over a period of five to thirty years, depending on the effective useful life of the Qualifying Improvement installed. The PACE financing stays with the property, which allows the assessment to transfer when a home or building is sold. Many government agencies have allowed only Commercial Property Assessed Clean Energy (C-PACE) to be offered within their jurisdiction, such as Orange County and the City of Winter Garden. Currently, there are three PACE Districts or local governments created, pursuant to Florida Statute 189.012, which offer C-PACE financing and are requesting consideration by the Ocoee City Commission: Florida Resiliency Energy District Florida Green Finance Authority Green Corridor Property Assessment Clean Energy District If the City elects to allow this economic development tool to be offered within the City, the Commission must adopt a resolution giving PACE District(s) (PACE Local Governments) permission to provide C-PACE financing within the jurisdictional limits of the City. If a project is approved by a PACE District, the PACE District works with the Orange County Property Appraiser and Tax Collector to place the assessments on the commercial property owner's tax bills. Multifamily developments would qualify for C-PACE Financing. It is important to note that there are no costs or administrative requirements for the City of Ocoee. Benefits of allowing the C-PACE program to be offered within the jurisdictional limits include: a. Becomes another economic tool that may be offered within the City to stimulate quality commercial development. b. Improves property values. City of Ocoee Bluford Avenue Ocoee, Florida 34761 Phone: 4 0 9 00 - www.ocoee.org Page 59 of 199 c. Can aid in local job creation. d. Promotes the City's goals of increasing the use of renewable energy and improving energy efficiency. e. Funding can be applied towards new development and/or for upgrading older commercial building stock within the city. Benefits to Commercial Property Owners 1. The cost of financing, and the benefits generated, can be shared with tenants. 2. 100% of project costs, including soft costs such as development fees, can be financed. 3. Allows terms up to 30 years, which can generate increased net operating income, allowing for shorter payback periods. 4. Property -based financing that requires no personal or corporate guarantees. 5. The obligation is transferable to the new owner upon the sale of the property. Central Florida government agencies that have adopted C-PACE Financing Program Ordinances/Resolutions include the City of Winter Garden, City of Leesburg, and Orange County. Developers within the City of Ocoee are asking that a C-Pace Program be allowed within the City. These include Cottages of Ocoee, West Orange Surgery Center, Ocoee Animal Hospital, the Boyer Building and City Center West Orange. As stated earlier in this report, the City is not party to any financing agreement with commercial property owners nor would the City be responsible for administering, marketing, or managing the C-PACE program. The City may choose to add information about C-PACE under the Economic Development page of the City's and the CRA's websites. By adopting the resolution before you today, the City only allows the three C-PACE Districts to offer this financing mechanism to commercial property owners within the City's jurisdictional limits. Issue: Should the honorable Mayor and City Commission adopt the C-PACE Financing resolution to allow this financing mechanism to be offered within the City's jurisdictional limits and should the Commission direct the City Manager or designee to execute the interlocal agreements with the three PACE financing districts on behalf of the City Commission? Recommendations: Staff recommends adoption of the C-PACE Financing Resolution and requests that the City Manager be authorized to execute interlocal agreements with the three PACE Districts. Attachments: 1. Resolution 2. West Orange Surgery Center Letter 3. Cottages of Ocoee Letter Financial Impacts: There is no financial impact. Type of Item: Consent City of Ocoee :l .. Avenue - Ocoee, Florida 34761 .r 9000www.ocoee.org Page 60 of 199 West Orange No Surgery Center As a local business and property owner in the community, I respectfully request that you support a resolution that would authorize Commercial Property Assessed Clean Energy ("C- PACE") financing in Ocoee, The C-PACE program provides access to long-term, low-cost capital for eligible commercim R projects, which would be berieficial for our project located at 3422 Old Winter Garden I Gotha, Fl 34734. If authorized, PACE financing will allow us to update our facilities with new Surgical Center in Ocoee, investing over $10,000,000 into the property. Also, I belie this program will have a tremendous, positive impact on our local economy. As Florida continues to grow, it is important that we grow our community in a safe, responsible way. For years, the State has promoted energy conservation and wind mitigation. However, the upfront costs of these improvements make upgrades to existing buildings prohibitive. Furthermore, traditional lending institutions are not able to provide sufficient financing solutions for some of these wind -hardening and energy -saving projects, which may necessitate a longer repayment term. I believe the solution to current and often limited financing mechanisms is C-PACE final -icing. I am confident that C-PACE provides the most cost-effective commercial financing in the industry. It is my understanding that the benefits of this program are available at no cost, nor legal or financial risk to the City of Ocoee. In addition, I cannot think of a more beneficial program for our community than one that allows local business and property owners the use of private funds to reinvest in the conservation and resiliency of the local community. Thank you for your time and consideration. I look forward to getting additional information so we can progress with our term sheet. Kind regards, 02/09/2023 40 Meg Kovalenko, CEO West Orange Surgery Center Ph: 617-834-4366 Page 61 of 199 Dear Ginger, Attached you will find a letter to the City of Ocoee urging the adoption of the Florida C-PACE Program. As the Developer of the Cottages of Ocoee project, I am working with both Darren Azdel from InsideOut Architects and Shay Harold from PACE Equity. Integrating the C-PACE financing into our project will put us in a position to quickly close on our other financing commitments and proceed with construction for this project. The C-PACR+E will allow us to work with the equity currently in place rather than having to raise additional equity. I am happy to discuss our project and the importance of the C-PACE component at your convenience. Thank you, Nam. Wendell Corey Managing Member Cottages of Ocoee Page 62 of 199 .rhe Cottages December 8, 2022 To: City of Ocoee Honorable Mayor Rusty Johnson Ocoee City Commission 1 North Bluford Avenue Ocoee, FL 34761 C/O: Ginger Corless - Vcorless@ocoee.org Dear Ginger, Mason City, 10 a 50401 (641) 4 4-3331 As the developer of Cottages of Ocoee, a proposed 96 bed Senior Living Facility located at 1900 East Silver Star Rd. in the city of Ocoee, I am writing this letter to urge the City of Ocoee to adopt the Florida C-PACE (Commercial property assessed clean energy) program. Our current construction budget for this project is approximately $30,000,000 and will add numerous high -quality jobs to the local community. As you may be aware, we have preliminary building permit approval and are now in process of finalizing our financing for the project. The C-PACE program will be instrumental in allowing Cottages of Ocoee to complete a cost-effective financing structure for our facility. With construction material costs rising steadily, our company continues to look to find ways to maintain a high quality building standard while keeping the economics of the project viable. Sustainable and energy efficient building practices are key to our long-term operational efficiencies and are integral to all of our projects. Members of our development team have had very good success in utilizing programs such as C- PACE, which provides an alternative and reasonably priced source of capital for our projects. Now more than ever, programs like C-PACE can make a project like Cottages of Ocoee viable. The improvements planned for our Ocoee project which comply with PACE and also benefit the community economically and environmentally include but are not limited to the following: 1. Reduction of construction and operational waste which fills landfills. 2. Water conservation through Water -Star. 3. Enhanced landscaping and zero scaping 4. Reduction of non -pervious surfaces 5. Introduction of cisterns for water retention and use of gravity water distribution. 6. Low water and energy use appliances and equipment. 7. Enhanced indoor and outdoor air quality design We are also considering inclusion of self -generated renewable power which will reduce our reliance on fossil fuel energy production and backup generation systems. 1IC age Page 63 of 199 .rhe Cottages Mason City, 10 a 50401 (641) 4 4-3331 It is our hope that Ocoee will adopt the state and county recommendations and approvals in place for this program which will both allow the development to move forward without significant reductions in the aesthetics of the design and also encourage the use of improvements which lessen the impact on the community infrastructure while providing an increased benefit of beautification and taxable value to the community. Given there is zero risk to the municipality, the benefits of this program provide a true win - win scenario. The municipality, the environment and our project all benefit. I am happy to answer any questions you may have and would appreciate regular updates on the status of the adoption of C-Pace by the City of Ocoee. Thank you for your time and attention to this matter. Sincerely, Wendell Corey Managing Member Cottages of Ocoee, LLC Cc: Daren Azdell - InsideOut Architects Shay Harold - PACE Equity Page 64 of 199