HomeMy WebLinkAboutItem 05 Approval of the First Amendment to the Development Agreement between the City of Ocoee and Montierre Development PLLCMeeting Date: December 5, 2023
Item #: 5
Contact Name: Craig Shadrix Department Director: Craig Shadrix
Contact Number: Ext. 6434 City Manager: Robert Frank
Background Summary:
On October 17, 2023, the City Commission authorized the assignment of the Purchase and Sale Agreement between
the City of Ocoee and the Chevron Land Development Company, which was approved by the City Commission on
May 18, 2023, to Montierre Development PLLC subject to the City Manager and City Attorney's completion of any
remaining de minimis tasks. Following that approval, on the same date, the City Commission authorized the City
Manager and City Attorney to execute any final de minimis actions towards the execution of a Brownfield Site
Rehabilitation Agreement (BSRA) with the Florida Department of Environmental Protection, naming both the City
and Chevron as party to the agreement, but with the assignee, Montierre Development PLLC being designated the
responsible party for all rehabilitation work.
As a reminder, for a BSRA to be executed, a brownfield area must be designated (which the City Commission has
already done) and a responsible party must be identified, in this case, Montierre Development, PLLC. Many of the
State's economic incentives and regulatory benefits depend on the execution of a BSRA. The BSRA provides the
regulatory authority and the public assurance that site rehabilitation will be conducted in accordance with the
statute and the Brownfields Cleanup Criteria Rule [Chapter 62-785, Florida Administrative Code, (F.A.C.)], and
provides liability protection for the responsible party, and others named in the agreement (Chevron, City of
Ocoee). It also establishes the timeframes, schedules, and milestones for completion of site rehabilitation tasks and
submission of technical reports, and other commitments or provisions pursuant to Section 376.80(5), F.S. and
Chapter 376, F.S.
During recent discussions with Chevron, it has become apparent to all parties that the review and comment timelines
associated with waiting for full execution of a BSRA would not be conducive to an expedited timeline for closing. To
address this, Chevron submitted to the City a draft First Amendment to the Purchase and Sales Agreement that
includes the following:
1. A clarification that the BSRA is no longer required to be executed prior to closing. Section 2 of the
amendment provides that Montierre Development assumes all the responsibilities for continuing with the
execution of, and all associated obligations of the BSRA with FDEP;
2. An addition of language clarifying the type, duration, and the terms of the liability insurance that would be
purchased by Montierre Development PLLC for satisfaction of both the terms of the Purchase and Sales
City of Ocoee Bluford Ocoee, Florida 34761
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Agreement and the Development Agreement. Section 3 (E) of the amendment specifies that the City will be
a certificate holder and that Montierre will pay the cost of the policy in full prior to receiving title to the
Chevron Property.
3. Additional specific information has been added with regard to Montierre's payment obligations to the
City. These requirements highlighted in Section 9 relate to the terms of payment and records retention and
documentation required to meet the terms of the City's entitled portions of the proceeds from parking and
hotel revenues previously agreed to.
The assignment of the Purchase and Sale Agreement with Chevron Land Development Company only works (for the
City) by requiring that Montierre Development PLLC assume all obligations and liabilities assumed by the City in the
City's agreement with Chevron. The instrument chosen that memorializes the pass -through of these City obligations
is the Development Agreement with Montierre Development PLLC. Due to the importance of the BSRA to both
Chevron and the City of Ocoee and the additional indemnification it provides, it is important that the Development
Agreement be amended to make those requirements of the City outlined in the First Amendment to the Purchase
and Sales Agreement parallel to those in the Development Agreement. Equally as important are the specifics of the
environmental indemnification insurance that have been added, as well as the financial requirements. Therefore, it
is recommended that the City Commission approve the amendment incorporating the BSRA as a requirement and
adding the additional liability insurance requirements for protection of the City within its commitment
responsibilities per the Purchase and Sale Agreement.
Issue:
Should the Honorable Mayor and City Commissioners approve the First Amendment to the Development
Agreement between the City of Ocoee and Montierre Development PLLC?
Staff recommends the Honorable Mayor and City Commissioners approve the First Amendment to the
Development Agreement between the City of Ocoee and Montierre Development PLLC.
Attachments:
1. First Amendment to Development Agreement (O Montierre)
Financial Impacts:
The agreement sets forth financial obligations of Montierre Development PLLC to the City of Ocoee.
Type of Item: Consent
City of • •e- a . Avenue - Ocoee, Florida 34761
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment")
is made as of November , 2023 (the "Amendment Effective Date"), by and between
MONTIERRE DEVELOPMENT, PLLC, a Florida limited liability company, whose mailing
address is 5669 SE Crooked Oak Ave., Hobe Sound, FL 33455 ("Montierre"), and the CITY OF
OCOEE, FLORIDA, a Florida municipal corporation, whose mailing address is 1 North Bluford
Ave., Ocoee, Florida 34761, Attention: City Manager ("City"). Montierre and the City are
collectively sometimes referred to herein as the "Parties".
RECITALS:
A. The Parties executed that certain Development Agreement dated on or about
May 18, 2023 (the "Development Agreement"), relating to the development of the Project (as
defined in the Agreement).
B. The Parties have agreed to modify the provisions of the Development Agreement
on the terms and provisions hereinafter set forth.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set
forth in this Amendment, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereby agree as follows:
I. Capitalized Terms. All capitalized terms used but not otherwise defined in this
Amendment shall have the meanings ascribed to them in the Development Agreement.
2. BSRA. The Parties hereby acknowledge and agree that the City designated the
Property as a Brownfield Area. As soon as reasonably practical following the Amendment
Effective Date, Montierre, at Montierre's sole cost and expense, will submit to the Florida
Department of Environmental Protection ("FDEP") the application for a Brownfield Site
Rehabilitation Agreement (`BSRA"), which application will include Chevron. City agrees to
cooperate with Montierre in its efforts to obtain FDEP's agreement on the terms and conditions of
a BSRA. The Parties agree to use their good faith efforts to obtain FDEP's approval of the BSRA
in substantial form as the Model BSRA provided in FDEP's public website for the Florida
Brownfields Program at https://floridadep.gov/waste/waste-cleanup/content/brownfields-program
as soon as reasonably possible, with the BSRA not to be effective until Montierre has acquired
title to the Chevron Property. The City assigns, and Montierre accepts, all compliance, monitoring,
mitigation, and all other obligations of the City under the BSRA. Once obtained, Montierre shall
be responsible for performing all such obligations under the BSRA at Montierre's sole cost and
expense. Notwithstanding such assignment, the City shall retain all liability protection provided
under Florida Statutes § 376.82(2)
3. Environmental Insurance. Montierre and the City acknowledge and agree that,
on or about the Amendment Effective Date, the City and Chevron have entered into that certain
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First Amendment to Purchase and Sale Agreement (the "Chevron Contract Amendment")
amending the Purchase and Sale Agreement executed on or about June 20, 2023 (the "Chevron
Contract"). Prior to execution of the Chevron Contract Amendment, Montierre had the
opportunity to review, approve and participate in the negotiation of the Chevron Contract
Amendment and Montierre hereby accepts the terms of the Chevron Contract Amendment. The
Chevron Contract Amendment, among other things, provides greater specificity with respect to
the requirements relating to the Environmental Insurance (defined in the Chevron Contract
Amendment as the "PLL Policy"). The Parties desire to adopt and include the requirements in
the Chevron Contract relating to the PLL Policy to the Development Agreement and such
requirements are hereby adopted and included as part of Section 5(E) of the Development
Agreement as if the salve were specifically included in this Amendment. In accordance therewith,
Section 5(E) of the Development Agreement is deleted in its entirety and in its place is inserted
the following (defined terms herein not otherwise defined in the Development Agreement or this
Amendment shall have the meanings ascribed to such terms in the Chevron Contract, including
the Chevron Contract Amendment):
"(E) Environmental Indemnification Insurance. The parties
acknowledge that the City would not have entered into the Chevron Contract
without assurances that the City would incur no liability with respect to the
investigations on, purchase of and/or development of the Chevron Property.
Montierre's indemnification, defense, release and hold harmless obligations set
forth in subsections (A) and (B) are a material part of the City entering into this
Agreement and the Chevron Contract. In addition to such obligations, Montierre
has agreed to obtain the PLL Policy relating to the Property, all in accordance with
the requirements relating to the PLL Policy as set forth in the Chevron Contract
Amendment. Notwithstanding anything to the contrary contained in the Chevron
Contract, Montierre agrees that the PLL Policy will be held in the name of the City
as insurance certificate holder and Montierre shall pay all premiums and costs and
expenses relating to the PLL Policy on or prior to Montierre acquiring title to the
Chevron Property. While Montierre is principally responsible for all costs and
expenses relating to the PLL Policy, the City may pay such amounts as necessary
to keep such PLL Policy effective and Montierre shall be responsible for any costs
expended by the City plus interest at twelve percent (12%) until paid."
4. Assignment Agreement. The Parties acknowledge and agree that the
Development Agreement contemplated the City assigning the Chevron Contract to Montierre prior
to the expiration of the Inspection Period under the Chevron Contract. Notwithstanding anything
to the contrary contained in the Development Agreement or in the Chevron Contract, the City shall
assign the Chevron Contract to Montierre as soon as practicable by executing the assignment
agreement attached hereto as Exhibit "1-A" ("Assignment Agreement"). The Parties
acknowledge and agree that the Assignment Agreement constitutes the assignment document
referenced in Section 4(F) of the Development Agreement.
5. Notice to Proceed. The Parties acknowledge and agree that the execution of the
Chevron Contract Amendment serves as the purchaser's notice to proceed beyond the Inspection
Period under the Chevron. Contract.
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6. _Deposit. The Parties acknowledge and agree that City previously made the Initial
Deposit under the Chevron Contract in the amount of $100,000.00. City will make the Additional
Deposit in the amount of $25,000.00 when required pursuant to the Chevron Contract Amendment.
Notwithstanding anything to the contrary contained in the Development Agreement or in the
Chevron Contract, on or before the date that the Parties execute the Assignment Agreement,
Montierre shall reimburse City $125,000.00 for the total amount of the Deposit.
7. Fair Market Value. The Parties acknowledge and agree that for purposes of
calculating documentary stamp taxes and any title insurance policy obtained by Montierre at the
time the City conveys the Property to Montierre, both expenses being the obligation of Montierre,
the value of the Property being conveyed from the City to Montierre shall be $8,000,000.00. The
Parties acknowledge and agree that such sum represents a fair market value for the Property at the
time of conveyance.
8. Separate Agreement Regarding City Property. Section 6 of the Development
Agreement contemplated the Parties entering into a separate agreement with respect to the
conveyance of the City Property. The Parties hereby acknowledge and agree that such separate
agreement is not necessary. Notwithstanding the foregoing, at the time of and in connection with
the conveyance of the City Property, the Parties shall execute such standard closing documents as
may be reasonably required in connection with the conveyance of the City Property to Montierre.
9. Payment Obligation Documents. Section 7 of the Development Agreement
contemplated the Parties agreeing to the Payment Obligation Documents prior to the conveyance
of the City Property to Montierre. The Payment Obligation Documents are intended to provide
specificity with respect to the security for receipt of the amounts owed from Montierre to the City,
the payment procedures and auditing procedures with respect to such amounts. With respect to
security for the amounts owed, the Parties hereby agree that an executed version of the
memorandum of contract in the form attached hereto as Exhibit "1-B" shall be recorded
immediately following the recording of the Special Warranty Deed conveying the City Property
to Montierre (the "Memorandum of Development Agreement"). The Memorandum of
Development Agreement is intended to put third parties on notice of the existence of the
Development Agreement and the obligations contained therein and shall constitute an
encumbrance on the City Property. Any sale, conveyance or lease of the City Property shall be
subject to the terms of the Development Agreement, including, but not limited to, the payment
obligations contained in the Development Agreement including the minimum guaranteed
payments. Further, the Parties agree that the payment procedures and auditing procedures with
respect to the amounts owned from Montierre to the City shall include:
(a) Payment Procedures. Montierre, its successors, assigns, and tenants
providing lodging and parking garage facilities, shall arrange an acceptable funds transfer
method with the City's Finance Department to make payments to the City no later than the
15th day of each month to cover payments owed to the City from the prior month, pursuant
to Section 7 of the Development Agreement.
(b) Auditing Procedures.
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0) Montierre, its successors, assigns, and tenants providing lodging and
parking garage facilities, shall maintain and keep for a period of no less than five
(5) years from any given point in time a complete record of gross receipts from all
rooms or other lodging leased or rented, as well as all motor vehicles parked in all
parking garages, together with such other financial records and papers as may be
required by the City's budget director or auditor. All such records shall be open for
examination at reasonable hours at the place of each business providing lodging
and/or parking and shall be provided to the City or its designated vendor for
copying. All such records shall also be provided electronically to the City within
five (5) business days upon written request.
10. Impact Fee Agreement. Notwithstanding anything to the contrary contained in
the Development Agreement, the Parties hereto agree that the impact fee agreement referenced in
Section 9 of the Development Agreement shall be agreed to at the time the large scale site plan is
approved with respect to the development of the City Property.
11. Use Rights of Ballf"ields. Notwithstanding anything to the contrary contained in
the Development Agreement, the Parties hereto agree that the use rights relating to the ballfields
referenced in Section 10 of the Development Agreement shall be agreed to at the time the large
scale site plan is approved with respect to the development of the City Property.
12. Conflicts. In the event of any conflict between the terms of this Amendment and
the Development Agreement, the terms of this Amendment shall prevail.
13. Headings. The heading or captions of the paragraphs in this Amendment are for
convenience only and do not limit or expand the construction and intent of the contents of the
respective paragraph.
14. Binding Effect. This Amendment is binding upon and inures to the benefit of the
Parties and their respective heirs, personal representatives, successors and permitted assigns.
15. Counterparts; Electronic Signatures. This Amendment may be executed and
delivered in any number of counterparts, each of which so executed and delivered shall be deemed
to be an original and all of which shall constitute one and the same instrument.
16. Ratification. The Development Agreement as amended and modified by this
Amendment is ratified and confirmed by the Parties and remains in full force and effect.
[Signatures on following page]
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SIGNATURE PAGE TO FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date
first above written.
Signed, sealed and delivered MONTIERRE:
in the presence of:
MONTIERRE DEVELOPMENT, PLLC, a
Florida professional limited liability company
Print Name:
Print Name:
STATE OF
COUNTY OF
By:
Print Name:
Title:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, by means of ❑ physical presence or ❑ online
notarization personally appeared , as of MONTIERRE
DEVELOPMENT, PLLC, a Florida professional 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 therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
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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
92023.
FISHBACK DOMINICK
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2023 UNDER
AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, by means of physical presence 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 County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):_
My Commission Expires (if not legible on seal): _
Error! Unknown document property name.
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Exhibit "I -A"
(Assignment Agreement Form)
ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE
AGREEMENT (the "Assignment") is made as of , 2023 (the
"Assignment Effective Date"), by and between MONTIERRE DEVELOPMENT, PLLC, a
Florida limited liability company, whose mailing address is 5669 SE Crooked Oak Ave., Hobe
Sound, FL 33455 ("Montierre"), and the CITY OF OCOEE, FLORIDA, a Florida municipal
corporation, whose mailing address is 1 North Bluford Ave., Ocoee, Florida 34761, Attention:
City Manager ("City"). Montierre and the City are collectively sometimes referred to herein as
the "Parties".
RECITALS:
WHEREAS, the City, as the "Purchaser" and Chevron Land and Development Company
("Seller") entered into that certain Purchase and Sale Agreement and Joint Escrow Instructions
with an Effective Date of June 20, 2003 as amended by that certain First Amendment to Purchase
and Sale Agreement and Joint Instructions with an Amendment Effective Date of November
2023 (collectively, the "Purchase Agreement").
WHEREAS, City desires to assign its rights and obligations as the "Purchaser" under the
Purchase Agreement to Montierre, and Montierre desires to accept and assume such rights and
obligations as the "Purchaser" under the Purchase Agreement effective as of the date hereof.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, the City hereby assigns, conveys and delivers unto Montierre all of the City's right, title,
interest and obligations, including rights in and to the Deposit provided that in connection with
this Assignment Montierre has reimbursed City for such Deposit, as the Purchaser under, in and
to the Purchase Agreement and Montierre hereby assumes and accepts all of the City's right, title,
interest and obligations as the Purchaser under, in and to the Purchase Agreement.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, the City and Montierre have caused this Assignment to be
executed as of the date first written above.
Signed, sealed and delivered MONTIERRE:
in the presence of:
MONTIERRE DEVELOPMENT, PLLC, a
Florida professional limited liability company
Print Name:
Print Name:
STATE OF _
COUNTY OF
By:
Print Name:
Title:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, by means of ❑ physical presence or ❑ online
notarization personally appeared , as of MONTIERRE
DEVELOPMENT, PLLC, a Florida professional 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 therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
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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
92023.
FISHBACK DOMINICK
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2023 UNDER
AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, by means of physical presence 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 County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
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Exhibit "1-B"
(Memorandum of Development Agreement Form)
THIS INSTRUMENT PREPARED BY
AND AFTER RECORDING SHOULD BE
RETURNED TO:
SCOTT A. COOKSON, ESQ.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 LEGION PLACE, SUITE 1700
ORLANDO, FL 32801
407-581-9800
1' - 1 1 1 1' -•
1 • 1 1 1 1' '
("Memorandum"), entered into as of the day of , 202_, by and between
MONTIERRE DEVELOPMENT, PLLC, a Florida limited liability company, whose mailing
address is 5669 SE Crooked Oak Ave., Hobe Sound, FL 33455 ("Montierre"), and the CITY OF
OCOEE, FLORIDA, a Florida municipal corporation, whose mailing address is 1 North Bluford
Ave., Ocoee, Florida 34761, Attention: City Manager ("City"), declare and agree as follows:
A. Of even date herewith the City conveyed to Montierre certain real property located
in the City of Ocoee, Orange County, State of Florida, more particularly described on Exhibit "A"
attached hereto (the "Property").
B. Further, the City and Montierre are parties to that certain Development Agreement
dated on or about May 1.8, 2023 (as amended, the "Development Agreement"), relating to the
development of the Property.
D. The Development Agreement addresses, among other things, the intended use and
development of the Property and certain payment obligations due from Montierre, its successors,
assigns, and tenants to the City as consideration for the conveyance of the Property to Montierre.
E. The Development Agreement constitutes covenants running with the Property and
is binding upon the successors in title thereto. The Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
F. All of the other terms, conditions and agreement contained within the Agreement
are fully incorporated herein by reference as if fully set forth herein. This Memorandum is not
intended to change any of the terms of the Agreement.
G. A complete copy of the Development Agreement, including any amendments
thereto, may be obtained from the City upon request pursuant to Section 119, Florida Statutes.
[SIGNATURE PAGES TO FOLLOW]
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Page 37 of 593
IN WITNESS WHEREOF, the City and Montierre have caused this Assignment to be
executed as of the date first written above.
Signed, sealed and delivered MONTIERRE:
in the presence of:
MONTIERRE DEVELOPMENT, PLLC, a
Florida professional limited liability company
Print Name:
Print Name:
STATE OF _
COUNTY OF
By:
Print Name:
Title:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, by means of ❑ physical presence or ❑ online
notarization personally appeared , as of MONTIERRE
DEVELOPMENT, PLLC, a Florida professional 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 therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
Error! Unknown document property name.
Page 38 of 593
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
92023.
FISHBACK DOMINICK
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2023 UNDER
AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, by means of physical presence 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 County and State last aforesaid this day of
, 2023.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal): _
Error! Unknown document property name.
Page 39 of 593
Exhibit "A" to Memorandum of Development Agreement
[Insert legal description to the Property]
S:AAKA\CLIENTS\Ocoee, City oflMontierre Development, PLLC\Development Agreement\First Amendment to Development
Agreement (RSG REDLINES) -11 14 23.docx
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