HomeMy WebLinkAboutItem 10 Approval of Ocoee Village Center Agreement for Transfer of $400,000 for the Fire Station and Non-Substantial Amendment to the PUDMeeting Date: December 5, 2023
Item #: 10
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Background Summary:
On July 18, 2023, the City Commission approved locating a Fire Station at Ocoee Village Center PUD by approving
a non -substantial amendment to the Ocoee Village Center PUD Land Use Plan. The attached Contribution
Agreement provides for the transfer of $400,000.00 in Park Performance funding to the City for the new Fire
Station.
Additionally, the developer of the townhome tract (Park Square Homes) is requesting to build the townhome
development as Build -to -Rent (BTR). The City staff is agreeable to a non -substantial change to the Ocoee
Village Center PUD to include a note in the "Site Data" use table that states: BTR is not expressly identified as
a form of use or prohibited by this PUD, but shall be permitted provided that the BTR owner or association
provides the following additional Maintenance and Bonding obligation for roads, water, sewer, and reclaimed
utility lines. The additional obligations above the code the developer has agreed to are as follows:
Roads would remain public rights of way, but the developer or condo association would be responsible for
road maintenance costs, as supported by a 5-year maintenance bond that renews for an additional 5 years
upon a City request.
Utilities would remain city -owned as they would with a for -sale community, but the developer or condo
association would both fund a one-time maintenance cost to offset payment of $100,000 and provide a 5-year
maintenance bond that renews for an additional 5 years upon a City request.
Issue:
Should the Honorable Mayor and City Commissioners approve the Ocoee Village Center Contribution
Agreement for the payment of $400,000.00 for a new Fire Station and a Non -Substantial Amendment to the PUD
facilitating the use of Build -to -Rent for the townhomes?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve the Ocoee Village Center Contribution
Agreement for the payment of $400,000.00 for a new Fire Station and a Non -Substantial Amendment to the PUD
facilitating the use of Build -to -Rent for the townhomes subject to the following utility conditions:
1. Park Square would pay the $100,000 to the City within five business days from City Commission approval. If
approval is 12/5 then their payment would be due by 5 pm on 12/12.
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
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2. City Manager has the right to accept the bills of sale for the water and sewer system since there is not another
meeting until the middle of January.
3. Bonds need to be issued at time of Bill of Sale acceptance.
4. Upon payment, Park Square can begin connecting building laterals to their internal system with the approval of
the City's Utility Department.
5. Connection cannot be made to the City's system until after all Certificate of Completion items are completed and
the system is accepted for ownership by the City. During this time, if the City judges there to be issues with the
amount of sand, silt, or other debris in the sewer system,
6. Park Square will take immediate steps to remedy any issues and have any such remedy approved by the Utility
Department.
7. At such time as all items for a Certificate of Completion are completed, the City will sign off on the FDEP
permit(s).
Attachments:
1. Contribution Agreement - Ocoee Village Consortium
Financial Impacts:
Payment of $400,000.00 in funding for the new Fire Station.
One-time Utility Maintenance cost offset payment of $100,000.00
Type of Item: Consent
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
RETURN TO:
Melanie Sibbitt, City Clerk
CITY OF OCOEE
One Bluford Ave.
Ocoee, FL 34761
(407) 656-2322
CONTRIBUTION AGREEMENT
(OCOEE VILLAGE PUD)
For Recording Purposes Only
THIS CONTRIBUTION AGREEMENT ("this Agreement") is made and entered into as
of the day of October, 2023 by and between OCOEE VILLAGE RESIDENTIAL, LLC, a
Delaware limited liability company, whose mailing address is 801 International Parkway, 5m
Floor, Lake Mary, Florida 32746; KIMAYA, LLC, a Delaware limited liability company, whose
mailing address is 5200 Vineland Road, Suite 200, Orlando, Florida, 32811; DKC OCOEE
VILLAGE CENTER SE, LLC, a Florida limited liability company, whose mailing address is
431 Fairway Drive, Suite 201, Deerfield Beach, Florida 33441 (all hereinafter collectively referred
to as the "Consortium") and the CITY OF OCOEE, a Florida municipal corporation, whose
mailing address is One Bluford Ave., Ocoee, Florida 34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Consortium is the successor to the "Developer" named in that certain
Infrastructure Development and Escrow Agreement for Ocoee Village Center dated as of March
12, 2021 and recorded on March 16, 2021 under Document # 20210150651, and re -recorded on
March 19, 2021 under Document #20210158900, both in the Public Records of Orange County,
Florida (the "Infrastructure Agreement"), pertaining to the development of the lands located in
Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands
being more particularly described in said Infrastructure Agreement (hereinafter referred to as the
"Property"); and
WHEREAS, the Ocoee City Commission approved Ordinance No. 2020-024 rezoning the
Property as "PUD" under the Ocoee Land Development Code; and
WHEREAS, the Consortium and the City desire to execute this Agreement to document
certain agreements regarding use and funding for the fire station parcel improvements;
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NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
Section 2. Fire Station Parcel Use. The City owned Park Parcel was amended to
be a Fire Station Parcel by an amendment to the PUD ordinance 2020-24 dated October 3, 2023
and the City intends to construct certain fire station improvements on the parcel (the "Fire
Station").
Section 3. Fire Station Contribution. The Consortium is no longer obligated to fund
park improvements on the City's parcel formerly identified as a City park parcel. In lieu thereof,
the Consortium agrees to fund to the City a monetary contribution in the amount of Four Hundred
Thousand Dollars ($400,000) (the "Contribution") to be utilized for costs related to the Fire
Station. In connection with certain improvements to the Ocoee Village PUD, the City is holding a
cash bond provided by Consortium. Ghe Consortium agrees that the City may utilize the existing
cash bond to fund the Contribution.
Section 4. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered
to the other party at the address appearing on the first page of this Agreement, or (ii) when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the parry at the address appearing on the first page of this Agreement, or such other
person or address as the party shall have specified by written notice to the other party delivered in
accordance herewith.
Section 5. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the Property or any portion thereof.
Section 6. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Consortium's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Consortium, execute and deliver letters affirming the status of this Agreement.
Section 7. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 8. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 9. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing.
ORLDOCS 20922177 1 22783.0024 _2_
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Section 10. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 11. Specific Performance. Both the City and the Consortium shall have the
right to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 12. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or because
of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in
connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without
regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 13. Counterparts. This Agreement 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 14. Captions. Captions of the Sections and Subsections of this Agreement are
for convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of
this Agreement.
Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
Section 16. Effective Date. The Effective Date of this Agreement shall be the day and
year first above written.
[SIGNATURES TO APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the Consortium and the City have caused this instrument to
be executed by their duly authorized representatives as of the day and year first above written.
Signed, sealed and delivered in the
presence of.
Print Name
Print N
STATE OF FLORIDA
OCOEE VILLAGE RESIDENTIAL, LLC,
a Delaware limited liability company
By:_
Name:
Its:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
who [ ] is personally known to me or [ ]produced
as identification, and that
acknowledged executing the same 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 ,
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
STATE OF FLORIDA
COUNTY OF
KIMAYA OCOEE VILLAGE, LLC,
a Delaware limited liability company
By: KIMAYA OV DEVELOPMENT, LLC,
a Delaware limited liability company,
its Sole Member
By: Ocoee Village Partners, LLC,
a Florida limited liability company,
its manager
By: Ocoee Village GP, LLC,
a Florida limited liability company,
its manager
By: Kimaya, LLC,
a Delaware limited liability company,
its manager
Name: Vishaal Gupta
Title: Manager
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared Vishaal Gupta, who [ ] is
personally known to me or [] produced as identification,
and that he acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily, in the capacity indicated above, for the uses and
purposes therein expressed.
of
WITNESS my hand and official seal in the County and State last aforesaid this day
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seat):
My Commission Expires (if not legible on seal):
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Signed, sealed and delivered in the
presence of:
Print N;
Print Name:
STATE OF FLORIDA
COUNTY OF
DKC OCOEE VILLAGE CENTER SE, LLC,
a Delaware limited liability company
By:
Name:
Its:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared
, who [ ] is personally known to me or [ ] produced
as identification, and that
acknowledged executing the same 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 ,
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):
ORLDOCS 20922177 1 22783.0024
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M
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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 ,
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Attest:
City Clerk
(SEAL)
APPROVED BY
COMMISSION AT
ITEM NO.
THE OCOEE CITY
A MEETING HELD
ON UNDER AGENDA
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and
, 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.
of
WITNESS my hand and official seal in the County and State last aforesaid this day
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):
ORLDOCS 20922177 1 22783.0024 _7_
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