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HomeMy WebLinkAboutItem 09 Approval of the First Amendment to the DA with GS Crown Point Owner, LLC City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 20, 2024 Item #: 9 Contact Name: Brett McFarlane Department Director: Michael Rumer Contact Number: Ext. 7145 City Manager: Robert Frank Subject: Approval of the First Amendment to the Development Agreement with GS Crown Point Owner, LLC. (Concurrency & Commitment Coordinator McFarlane) Background Summary: At the June 20, 2023, City Commission Meeting, the City Commission approved a Development Agreement between the City and GS Crown Point Owner, LLC fka Wire Development. Section 4 of the Development Agreement discussed the terms on which the Developer would construct a new public road through the Project. In return, the City would provide both Transportation Impact Fee Credits for the Project and cash reimbursements. The attached Development Agreement stated that based on the Project's Preliminary Site Plan (PSP) as of October 2022, the estimated cost of design, engineering, and construction of the New Road Improvements was approximately One Million Four Hundred Thousand and No/ 100s Dollars ($1,400,00.00). The Development Agreement further acknowledged that the final reimbursement amount for the New Road Improvements would be based upon all the fees, costs, and expenses incurred by the Developer relating to the final design, engineering, and construction of the New Road Improvements, as agreed upon by both parties. The Developer has finalized the total cost for the New Road Improvements with bid documentation, which includes the increased cost of materials since 2022, which has been consistent in all capital projects, and includes city-initiated upgrades like wider sidewalks on the south side, a roundabout with pavers and raised pedestrian crossings to slow traffic due to the proximity to the high school. The cost of Duke Energy lighting installation has been provided and additional expenses for the Orange County right-of-way use permit for the intersection at Ocoee Apopka Road added costs with improvements to turn lanes. The updated total cost, which has been reviewed and accepted by the Public Works Department, is Two Million Seven Hundred Forty- Nine Thousand Nine Hundred Seventy-Nine Dollars and Seven Cents ($2,749,979.07). Staff is requesting the approval of the attached First Amendment to the Development Agreement between the City and GS Crown Point Owner, LLC. This amendment solidifies that the City has reviewed the Developer's updated cost for the New Road Improvements, and both Parties agree that the updated cost is Two Million Seven Hundred Forty-Nine Thousand Nine Hundred Seventy-Nine Dollars and Seven Cents ($2,749,979.07). Issue: Should the Honorable Mayor and City Commissioners approve the First Amendment to the Development Agreement for GS Crown Point Owner, LLC? City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve the First Amendment to the Development Agreement for GS Crown Point Owner, LLC. Attachments: 1. First Amendment to Development Agreement - GS Crown Point Owner 2. Approved ROW Budget 3. Duke Energy ROW Lighting Agreement 4. Development Agreement - GS Crown Point Owner Financial Impacts: In 2023, the estimated cost for the New Road Improvements was One Million Four Hundred Thousand and No/ 100s Dollars ($1,400,00.00). The total new cost for the New Road Improvements is Two Million Seven Hundred Forty-Nine Thousand Nine Hundred Seventy-Nine Dollars and Seven Cents ($2,749,979.07), up by One Million Three Hundred Forty-Nine Thousand Nine Hundred Seventy-Nine Dollars and Seven Cents ($1,349,979.07). Type of Item: Consent 1 THIS DOCUMENT PREPARED BY: Richard S. Geller, Esq. FISHBACK DOMINICK, LLP. 1947 Lee Road Winter Park, FL 32789 AND RETURN TO: City Clerk CITY OF OCOEE 1 N Bluford Avenue Ocoee, FL 34761 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (GS Crown Point Owner, LLC) This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the “Amendment”) is made and entered into this ____ day of ________________, 2024 (“Amendment Effective Date”), by and between the CITY OF OCOEE, a Florida municipal organization, whose mailing address is 1 N Bluford Avenue, Ocoee, Florida 34761, (“City”), and GS CROWN POINT OWNER, LLC, a Delaware limited liability company, with an address of c/ o Greystar Real Estate Partners, 465 Meeting Street, Suite 500, Charleston, South Carolina 29403 (the “Developer”). The City and the Developer are sometimes collectively referred to herein as the “Parties” and individually as a “Party.” RECITALS: A. The Parities executed that certain Development Agreement dated on or about October 13, 2023 (the “Development Agreement”), relating to the development of the Project (as defined in the Agreement). B. The Parities 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: 1. Section 4 of the Development Agreement stated that both Parties agreed and acknowledged that the estimated total cost for the design, engineering, and construction of the New Road Improvements was approximately One Million Four Hundred Thousand and No/ 100s Dollars ($1,400,00.00); however, the final reimbursement amount was to be determined based on all fees, costs, and expenses incurred by the Developer related to the final design and engineering of the New Road Improvements as approved by the Parties and all actual costs and expenses incurred by the Developer in connection with construction of the New Road Improvements based on the final design and engineering as approved by the Parties. 2 2. Updated Cost of New Road Improvements. Based on all fees, costs, and expenses for the design, engineering, and construction of the New Road Improvements by the Developer, the new total cost for the New Road Improvements is Two Million Seven Hundred Forty-Nine Thousand Nine Hundred Seventy-Nine Dollars and Seven Cents ($2,749,979.07). The Parties acknowledge and approve of the updated cost for the New Road Improvements. 3. Conflicts. In the event of any conflict between the terms of this Amendment and the Development Agreement, the terms of this Amendment shall prevail. 4. Ratification. The Development Agreement as amended and modified by this Amendment is ratified and confirmed by the Parties and remains in full force and effect. SIGNATURES TO FOLLOW 3 DEVELOPER: GS CROWN POINT OWNER, LLC a Delaware limited liability company By: Name: Title: WITNESS: Printed Name: Address: Printed Name: Address: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ____ day of ________________, [insert year], by ____________________, as __________ of [insert name of developer, type of company], on behalf of the company. He/she appeared by (check one) □ physical presence or □ online notarization, and (check one) □ is personally known to me or □ has produced __________ as identification. ________________________________________ Print Name:______________________________ Notary Public My Commission Expires:___________________ Commission Number:______________________ 4 CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON _____________________ ______, 20___ UNDER AGENDA ITEM NO. ____ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ____ day of ________________, 20__. FISHBACK DOMINICK By: __________________________ Richard Geller, City Attorney NOTES DESCRIPTION QUANTITY UNITS COST TOTAL EARTHWORK CLEAR / GRUB 1.78 AC 10,462.91$ 18,623.98$ DEMO ROW / UTILITIES 1 LS 19,784.73$ 19,784.73$ EXCAVATION 3998 CY 2.98$ 11,914.04$ RDWY GRADE 7675 SY 0.68$ 5,219.00$ 55,541.75$ POTABLE WATER 12" DIP 1685 LF 97.98$ 165,096.30$ 12" GATE VALVE 6 EA 5,765.18$ 34,591.08$ CONNECT TO EXISTING 3 EA 2,161.09$ 6,483.27$ 12"X6" WET TAP FH 2 EA 12,050.33$ 24,100.66$ 8" DIP 126 LF 70.30$ 8,857.80$ 8" GATE VALVE 1 EA 4,708.77$ 4,708.77$ 6" DIP 376 LF 50.82$ 19,108.32$ 6" GATE VALVE 8 EA 3,696.52$ 29,572.16$ 1 8" MASTER METER EA 37,277.42$ -$ 4 6" MASTER METER EA 27,789.16$ -$ 172,319.00$ 1 4" MASTER METER EA 23,885.45$ -$ FIRE HYDRANTS 8 EA 10,413.52$ 83,308.16$ 20% OF PIPE VALUE WATER FITTINGS 1 LS 38,721.00$ 38,721.00$ TESTING 960 LF 10.00$ 9,600.00$ 424,147.52$ SANITARY SEWER 8" GRAVITY 1513 LF 34.54$ 52,259.02$ 366 6" GRAVITY LF 24.21$ -$ 8,861.00$ MANHOLE 11 EA 10,238.38$ 112,622.18$ 164,881.20$ STORM SEWER TRUNK LINE ONLY 36" HP 560 LF 155.05$ 86,828.00$ 30" HP 359 LF 119.63$ 42,947.17$ 24" HP 408 LF 79.36$ 32,378.88$ 24" RCP 149 LF 107.81$ 16,063.69$ 18" HP 126 LF 52.20$ 6,577.20$ 15" HP 442 LF 46.55$ 20,575.10$ 125 12" HP LF 31.61$ -$ 9,162.00$ 194 8" HDPE LF 26.86$ -$ 24" M.E.S. OFFSITE 2 EA 2,769.63$ 5,539.26$ INLETS 11 EA 11,800.00$ 129,800.00$ 340,709.30$ RECLAIMED -$ RECLAIMED STUBOUT 1 LS 21,841.42$ 21,841.42$ 21,841.42$ PAVING 12" STABILIZED 6325 SY 6.80$ 43,010.00$ 8" BASE 6325 SY 17.97$ 113,660.25$ 42.13 2.00" FIRST LIFT 6325 SY 24.05$ 152,116.25$ 1" Lift of 13.21 26.42 1.00" SECOND LIFT 6325 SY 14.02$ 88,676.50$ 6325 15.71 F-CURB 347 LF 30.00$ 10,410.00$ D-CURB 2417 LF 20.79$ 50,249.43$ 99,365.75$ RIBBON CURB 587 LF 26.00$ 15,262.00$ 4" SIDEWALK 13853 SF 7.00$ 96,971.00$ 8" CONCRETE 1680 SF 15.00$ 25,200.00$ MARKINGS & SIGNAGE 1 LS -$ -$ PAVERS PARKING AREA 7690 SF 10.00$ 76,900.00$ Breakout the costs for Round a bout. PAVERS ROUND A BOUT 2500 SF 10.00$ 25,000.00$ BRICK PAVERS BASE 10190 SF 15.73$ 160,288.70$ Markings and Signage 857,744.13$ OFFSITE Type D curb 303 LF 20.00$ 6,060.00$ Type F Curb 138 LF 30.00$ 4,140.00$ Type A Curb 172 LF 28.00$ 4,816.00$ Sidewalks 1845 SF 7.00$ 12,915.00$ Handicamp Ramps 2 EA 1,800.00$ 3,600.00$ 8" Limerock Base 1367 SY 31.01$ 42,390.67$ Stabilized Subgrade 1367 SY 13.60$ 18,591.20$ Asphalt Paving 1367 SY 49.60$ 67,803.20$ Milliing & Resurface 2514 SY 25.47$ 64,031.58$ Markings and signage 1 LS 24,294.48$ 24,294.48$ ROW Grading 3325 SY 2.52$ 8,379.00$ Sod Restoration 3120 SY 3.16$ 9,859.20$ Demolition 1 LS 7,119.42$ 7,119.42$ MOT 1 LS 47,239.26$ 47,239.26$ 321,239.01$ Total: 2,186,104.33$ Allowance Based ROW costs Landscpae 1 LS 95,628.00$ 95,628.00$ Irrigation 1 LS 27,953.00$ 27,953.00$ Street Lights (Duke)1 LS -$ minus our time? OC Permits and Fees 1 LS 7,500.00$ 7,500.00$ Orange County ROW Permit Only Electrical Primary 2000 LF 30.00$ 60,000.00$ 191,081.00$ 2,377,185.33$ 313,957.79$ 2,691,143.12$ Total Construction Cost Including Allowances : Total Soft Cost : Total ROW Hard & Soft Cost: THIS DOCUMENT PREPARED BY: Scott A. Cookson, Esquire Shuffield, Loman & Wilson, P.A. 1000 Legion Place, Suite 1700 Orlando, FL 32801 AND RETURN TO: Richard S. Geller, Esq. FISHBACK DOMINICK, LLP. 1947 Lee Road Winter Park, FL 32789 DEVELOPMENT AGREEMENT GS Crown Point Owner, LLC) DOC # 20230633529 10/31/2023 14:20 PM Page 1 of 24 Rec Fee: $205.50 Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00 Phil Diamond, Comptroller Orange County, FL Ret To: CSC INC This DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this day of () c,4-e_b PI , 2023 ("Effective Date"), by and between the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 1 N. Bluford Avenue, Ocoee, Florida 34761, Attention: City Manager ("City"), and GS CROWN POINT OWNER, LLC, a Delaware limited liability company, with an address of c/o Greystar Real Estate Partners, 465 Meeting Street, Suite 500, Charleston, South Carolina 29403 (the "Developer"). The City and the Developer are sometimes collectively referred to herein as the "Parties" and individually as a GG !) Tarty. WITNESSETH: WHEREAS, Developer is under contract to purchase certain property located in the City of Ocoee, Orange County, Florida legally described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Property is commonly known as the Ocoee Crown Point Mixed Use Development (the "Project"). Development of the Project is described in more detail on that certain Preliminary Site Plan approved by the Ocoee City Commission on July 19, 2022 (the PSP"); and WHEREAS, the provisions of Section 4-5B(5) of Article IV of the Ocoee Land Development Code (the "Code") requires that the Developer and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the City confirms that this Agreement is consistent with and an exercise of the City's powers under the Municipal Home Rule Powers Act; Article V11, Section 2(b) of the Constitution of the State of Florida; Chapter 166, Florida Statutes; all City Rules; other controlling law; and the City's police powers, and is a non -statutory development agreement which is not subject to or enacted pursuant to the provisions of Section 163.3220-163.3243, Florida Statutes; and WHEREAS, on or about even date herewith, City and Developer are entering into that certain Road Transportation Impact Fee Credit Agreement (the "Transportation Impact Fee Credit Agreement") relating to the Developer's rights and obligations relating to the construction 20230633529 Page 2 of 24 of the New Road Improvements (as hereinafter defined) and receipt of Transportation Impact Fee Credits as more particularly set forth in the Transportation Impact Fee Credit Agreement and Sections 4 and 5 of this Agreement. NOW, THEREFORE, for and in consideration of the mutual obligations contained herein and the sum of ten dollars ($10.00) and other good and valuable consideration the sufficiency of which is hereby conclusively acknowledged the Parties agree as follows: AGREEMENT Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Prone A. Development Approvals. Except as expressly set forth herein to the contrary including but not limited to those various waivers set forth in the wavier table attached hereto and incorporated herein by reference as Exhibit "G" (the "Waiver Table"), nothing herein will be construed to grant or waive on behalf of the City any development approvals that may be required in connection with the PSP or approved Final Site Plan (the "FSP" and collectively with the PSP, the "Approved Plan") for Developer's development of the Property. Except as expressly set forth herein to the contrary, the Developer must comply with all applicable procedures and standards related to the development of the Property. B. Compliance with Code and Approved Plans. Except as expressly set forth herein to the contrary including but not limited to those various waivers set forth on the Waiver Table, it is agreed that (1) the Project shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and 2) the Approved Plan, and all other preliminary and final site plans and plats for the Property or any portion thereof, shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans/plats. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Maximum Density. Maximum density of the Project as reflected on the Approved Plan shall be as follows: A. 315 multi -family dwelling units; and B. 20,000 square feet of commercial space. Section 4. New Road Improvements; Impact Fee Credits. Subject to the terms and conditions of this Agreement, Developer shall, at Developer's sole cost and expense, design, engineer, and construct to City standards and subject to approval by the City, a new public road the "New Road Improvements") including, but not limited to the associated underground 2 20230633529 Page 3 of 24 utilities, sidewalks, streetlights, offsite intersection improvements and landscaping as shown on the PSP as shown on Exhibit "B" attached hereto and incorporated herein by this reference. City acknowledges that Developer shall be entitled to receive full reimbursement for design, engineering and construction of the New Road Improvements and associated offsite improvements via receipt of transportation impact fee credits ("Transportation Impact Fee Credits") and direct cash reimbursement for the costs of the New Road Improvements that are in excess of the Transportation Impact Fee Credits assigned to Developer. City agrees that Developer shall be entitled to receive Transportation Impact Fee Credits at the time of issuance of each building permit for an estimated total amount of Eight Hundred Twenty-five Thousand and no/100s Dollars 825,000.00), which estimated amount is subject to revision based on the Approved Plan. City and Developer agree and acknowledge that the current total cost estimate of the design, engineering and construction of the New Road Improvements is estimated at approximately $1.4 million based on the PSP; provided, however, that the final reimbursement amount shall be determined based on all fees, costs and expenses incurred by Developer relating to the final design and engineering of the New Road Improvements as approved by the Parties and all actual costs and expenses incurred by Developer in connection with construction of the New Road Improvements based on the final design and engineering as approved by the Parties. Upon commencement of construction of the New Road Improvements by Developer, Developer shall submit to the Development Services Department, on a monthly basis, in arrears, a completed Impact Fee Credit form (the "Impact Fee Credit Form") as shown on Exhibit "C" attached hereto and incorporated herein by this reference, including such supporting documentation as the City may reasonably request to evidence Developer's payment of all fees and costs relating to the design, engineering, permitting and construction of the New Road Improvements. Upon receipt and approval of such documents, City shall assign the Transportation Impact Fee Credits to Developer which Developer shall be permitted to use to satisfy the road and transportation impact fees associated with Developer's Project. For any reimbursement amounts that are in excess of the Transportation Impact Fee Credit, City will reimburse the Developer within sixty (60) days of submittal of Developer's invoice and supporting documentation for amounts in excess of the Transportation Impact Fee Credit. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project costs of the New Road Improvements. This information will be available to City, or its duly authorized agent or representative, for audit, inspection or copying, at City's sole cost and expense, for a minimum of five (5) years from the completion the New Road Improvements and final reimbursement to the Developer. Section 5. New Road Improvements Ownership/Dedication, Restricted Parldne and Maintenance. Upon completion of construction of the New Road Improvements and acceptance by the City, Developer shall convey the New Road to the City by Special Warranty Deed, such that upon conveyance, the New Road shall become a public right-of-way. Following the conveyance of the New Road by Developer to the City, City shall be responsible for all costs and expenses, except as provided in this Section, associated with maintaining, repairing and replacing the New Road Improvements, which New Road Improvements shall be maintained, at all times, in the same condition as existed as of the acceptance of the New Road by the City and delivery of the Special Warranty Deed relating to the conveyance of the New Road Improvements from the Developer to the City, normal wear and tear excepted. Notwithstanding that the New Road shall become a public right-of-way following acceptance by the City and conveyance to the City via the 20230633529 Page 4 of 24 Special Warranty Deed, City agrees to permit Developer to restrict public parking in those certain parking spaces along the New Road Improvements as shown on Exhibit "D" attached hereto and incorporated herein by this reference (the "Restricted Parking Spaces"). Said restriction shall be permitted from six (6) p.m. until nine (9) a.m. daily during the week and Friday from six (6) p.m. to Monday nine (9) a.m. on weekends for residents of the of the multifamily building(s). Developer acknowledges and agrees to be responsible for the costs and expenses of maintaining, repairing and replacing the Restricted Parking Spaces, which maintenance of the Restricted Parking Spaces shall be maintained, at all times, in the same condition as existed as of the acceptance of the New Road by the City and delivery of the Special Warranty relating to the conveyance of the New Road from the Developer to the City, normal wear and tear excepted. City agrees and acknowledges that Developer is developing a mixed -use village project and that the New Road Improvements provide primary access to the Project, which are a material inducement for Developer to enter into this Agreement and to construct the Project. City agrees to maintain the New Road Improvements, with the exception of the Restricted Parking Spaces, in accordance with the City's past and current practices regarding roadway maintenance. Section 6. Stormwater Management System. City and Developer agree and acknowledge that a master stormwater system exists with respect to the development of the Ocoee PUD (the Master Stormwater System") and that Developer shall be permitted to connect to and discharge to the Master Stormwater System at such locations as shown on Exhibit "E" attached hereto and incorporated herein by reference in connection with Developer's Project. Section 7. Signage. A. Master Signage Plan. Developer will provide City with a master signage plan for the Project to include all sign types and locations. City will provide approvals in accordance with the proposed uses and as outlined below. B. Monument Signs. City and Developer acknowledge and agree that the master monument sign plan as shown on the approved Crown Point PUD Plan shall be amended to permit two (2) monument signs on the north tract (the "Northern Monument Signs") and one (1) monument sign on the south tract (the "Southern Monument Sign") of the Property in locations provided on the Approved Plan and as presently contemplated on the sign plan attached hereto and incorporated herein by reference as Exhibit 'IF" (the "Sign Plan"). C. Ground Level Commercial Building Signs. City and Developer agree that the ground level commercial units consisting, but not limited to, the leasing office, commercial space, micro commercial and live -work will have wall mounted blade or canopy hanging signs as well as additional storefront signage. Blade or canopy sign locations will be submitted and permitted with the final building permit application and tenants shall be allowed to change faces without further permitting requirements. The City will receive a Master Signage Plan for these locations. D. Retail Signage. The future retail development on the South Tract shall be allowed necessary temporary and permit signage consistent with typical retail outparcels. 20230633529 Page 5 of 24 E. Project Specific Signage. In addition to project related monument signage, Developer may include project related branding, signage or murals on all buildings. F. Wayfinding_Signaae. Signage to provide directions and wayfinding may be installed at locations throughout the Project to identify locations including, but not limited to, the park, West Orange Trail and commercial/retail. Section 8. Park Impact Fee Credits. In exchange for Developer conveying via special warranty deed approximately __,4_ acres of open space within the Project to the City after Developer's construction and installation of amenities for a park adjacent to the West Orange Trail, including sidewalks, benches, and other landscape and hardscape elements (the "Park"), City shall provide park impact fees in the amount of $300,000.00 once construction of the park and related amenities are completed and approved by the City. Following conveyance of the Park to the City, Developer agrees to maintain the Park on behalf of and at the direction of the City in accordance with the regularly scheduled grounds maintenance for the Project; provided, however, that Developer shall have no liability for any loss, cause, claim, action, damage, or injury suffered in connection with such maintenance other than for the willful misconduct or gross negligence of Developer and its employees or agents. Section 9. Average Building Heights. Building height within the Project provides for up to four (4) stories as long as the average height in the Project does not exceed forty-five (45) feet. Building height is measured in the Ocoee LDC as the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof or to the average height of the highest gable of a pitch or hip roof. For the four story and mixed -use buildings in this project, the height measurement exceeds 45 feet due to additional clearance heights for commercial space and enhanced elevations; however, the average building height for the project is less than 45 feet. As such, the City will provide a variance for the four story and mixed use buildings per the approved elevations in the Approved Plan. Section 10. Building Construction. City agrees and acknowledges that Developer shall be permitted to construct all buildings with wood frame construction and Developer shall not be obligated to construct any portion of such buildings with concrete block, nor shall Developer be required to install elevators within any building which is three (3) stories in height or less, unless Developer elects to do so, in Developer's sole and absolute discretion. Section 11. Trees. The Developer and City have collaborated on a plan that provides a walkable urban scale neighborhood. City agrees to provide necessary waivers for reduction in trees and landscaping based on the urban mixed -use nature of the Project and enhanced recreation and wellness areas, which shall be included on the Approved Plan. Developer will make efforts to save existing trees on the Property and has provided a potential tree save plan as part of the Approved Plan; however, Developer and City acknowledge and accept that trees will be extremely difficult to save due to the challenging grading and earthwork activities necessary for development of the site. Final approved landscape plan is included with the Approved Plan and any waivers shall be granted, 20230633529 Page 6 of 24 Section 12. Parking. The Developer submitted parking plan to the City as part of the Approved Plan approval process. The Project objective is to provide a walkable urban scale, mixed use neighborhood with shared parking arrangement. City agrees to provide necessary waivers for reduction in parking count and/or stall sizes based on the urban mixed -use nature of the Project, which waiver shall be included on the Approved Plan. Section 13. Phasing . Developer may construct the Project in two or more phases, which shall be at Developer sole and absolute discretion. Section 14. Covenants Running with the Land/Assi2nment. The terms, provisions, covenants, conditions and restrictions set forth in this Agreement and the rights, privileges and benefits and duties, obligations and burdens assigned, granted, imposed and created pursuant to this Agreement shall and are hereby declared to be covenants running with the title to the Property. This Agreement shall legally benefit and bind the Developer and its respective successors and assigns. Section 15. Force Maieure. Except as otherwise expressly set forth in this Agreement, if Developer's performance of any act (other than the payment of money) required hereunder is impractical, impossible, delayed, hindered, or prevented by reason of strikes, lock -outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, pandemic or epidemic health occurrences as declared by applicable governmental or world health organizations, health events resulting in government mandated quarantine, shelter - in -place, travel restrictions, government office shut -down and/or moratoria, or other government - directed cessation of business related to pandemic or epidemic health occurrences, riots, terrorist acts, insurrection, adverse weather conditions, war or other reasons of a like nature not the fault of the Developer delayed in performing work or doing acts required under the terms of this Agreement (all of such reasons or causes referred to in this Agreement as "force majeure"), then performance of such acts shall be excused for the period of the delay, and the period within which the performance of such act may be required hereunder shall be extended by a period equivalent to the period of such delay plus thirty (30) days. In any case where work is to be paid for out of insurance proceeds or condemnation awards or other similar such proceeds, due allowance, not to exceed ninety (90) days in the aggregate, shall be made, both to the Party required to perform such work and to the Party required to make such payment, for delays in the collection of such proceeds and award. Section 16. Legal Proceedings, Attorneys' Fees. In the event that either Party shall institute litigation or other legal proceedings against the other to interpret or enforce any term, provision, warranty, covenant or condition set forth in this Agreement, the prevailing Party in such litigation or other legal proceedings following all appeals therefrom, if any, shall be entitled to recover from the non -prevailing Party in such litigation or other legal proceedings reasonable attorneys', paralegals', and experts' fees and expenses and court costs incidental thereto, including those incurred on any bankruptcy proceeding and/or appeal of a lower court decision. Section 17. Notices. 20230633529 Page 7 of 24 1. All notices provided for in this Agreement shall be in writing and delivered to the addresses below: City: City of Ocoee Attention: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 With a copy to: FISHBACK DOMINICK, LLP. 1947 Lee Road Winter Park, FL 32789 ATT: Richard S. Geller, Esq. r eller(iOshbacklaw.com Developer: GS Crown Point Owner, LLC c/o Greystar Real Estate Partners 788 East Las Olas Blvd., Suite 201 Fort Lauderdale, Florida 33301 Attn: Lewis Stoneburner Email: Istoneburner@greystar.com With a copy to: Greenberg Traurig, P.A. 333 S.E. 2nd Avenue, Suite 400 Miami, Florida 33131 Attention: Kimberly S. LeCompte Email: lecomptek@gtlaw.com 2. Any notice, request, demand, instruction or other communication to be given to either Party hereunder, shall be in writing and shall be hand -delivered, sent by Federal Express or a comparable overnight mail or delivery service, mailed by U.S. registered or certified mail, return receipt requested, postage prepaid, by electronic mail (email), or transmitted by facsimile or telecopier to the Parties and their listed co -recipients, at their respective addresses and/or facsimile numbers set forth herein. Any notice delivered as aforesaid shall be deemed delivered immediately upon mailing, delivery to an appropriate carrier, or receipt or refusal of delivery of said notice, whichever is earliest. The inability to deliver because of change in address of which no notice is given shall be deemed to be a receipt of the notice, demand and request. The Party claiming delivery of notice via telecopier or facsimile shall have the burden of proving notice was in fact sent, which burden can be carried without further evidence if confirmed by the transmitting telecopier or facsimile machine. Any communication sent by electronic mail, facsimile or telecopier shall promptly be followed by a copy delivered by one of the other approved methods. Receipt shall be deemed to have occurred if delivered to an authorized agent 7 20230633529 Page 8 of 24 or any employee of the addressee or of the addressee's company. A time period in which a response to any notice, demand or request must be given pursuant to the terms of the Agreement, shall commence to run from the date of receipt. Any Party may change the address for receiving notices, request, demands, or other communication by not less than three (3) days prior notice in accordance with this Section. Telephone numbers are provided for convenience only. Notice from a Parry's attorney shall constitute legal notice hereunder. 3. City and Developer may from time to time notify the other of changes regarding where and to whom notices should be sent by sending notification of such changes pursuant to this Section. Section 18. Miscellaneous Provisions. 1. Entire Agreement. This Agreement constitutes the complete and entire understanding and agreement between City and Developer concerning or with respect to the topics addressed in this Agreement. City agrees and acknowledges that the City and OCPS previously recorded that certain Declaration of Conditions of Approval (Ocoee Crown Point PUD), recorded September 30, 2003, in Official Records Book 7127, Page 4804, as amended by that certain First Amendment to Declaration of Conditions of Approval, recorded September 27, 2005, in Official Records Book 8215, Page 4805, that certain Second Amendment to Declaration of Conditions of Approval recorded September 27, 2005, in Official Records Book 4825, that certain Third Amendment to Declaration of Conditions of Approval recorded August 14, 2014, in Official Records Book 10790, Page 4987 and that certain Fourth Amendment to Declaration of Conditions of Approval recorded September 5, 2019 as Document No. 20190543880 in the Public Records of Orange County, Florida (collectively, the "Conditions of Approval"). City hereby agrees only the following Prior Conditions of Approval shall remain binding on the Property: Conditions of Approval 2, 5, 13, 25, 26, 27, 28, 30, 32, 33, 36, 40, 42, 44, 50, 51, 53, 55, 59, 64, 65, 66, 67, 84-91, 93, 98, 103, 106 and 107. 2. Relationship of the Parties. This Agreement does not evidence the creation of, nor shall it be construed as creating a partnership or joint venture between the City and Developer. Developer cannot create an obligation or responsibility on behalf of City or bind City in any manner. Each Party is acting for its own account, and it has made its own independent decisions to enter into this Agreement and as to whether the same is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. Each Party acknowledges that none of the other Parties hereto is acting as a fiduciary for or as an adviser to it in respect of this Agreement or any responsibility or obligation contemplated herein. 3. A enc . Developer and City, and their agents, contractors and subcontractors, shall perform all activities described in this Agreement as independent entities and not as agents of one another. 4. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of City's right to sovereign immunity for tort claims under and subject to § 768.28, Florida Statutes. 20230633529 Page 9 of 24 5. Captions, Section and Paragraph Headings. Captions, section and paragraph headings contained in this Agreement are for convenience of reference only and are in no way intended, and shall in no way be deemed, to define, describe, extend or limit the scope, content or intent of this Agreement or of any particular term, provision, section or paragraph hereof. 6. Modification, Amendment or Termination. This Agreement may not be changed, modified, amended or terminated except as expressly set forth in a separate writing signed by both of the Parties to this Agreement or their respective successors in interest or title. 7. Recording in Public Records. Developer shall ensure that this Agreement is recorded among the public records of Orange County, Florida promptly after the execution of the Agreement by all Parties. 8. Indemnification. Developer hereby indemnifies and holds City and its elected and appointed officials, employees and agents harmless from and against any and all claims (at law or in equity), disputes, lawsuits, injuries, damages, attorneys' fees and all adverse matters in any way arising out of or relating to the risks assumed by Developer under this Agreement. 9. Default. Failure by a Party to perform any of its obligations hereunder shall constitute default hereunder, entitling the non -defaulting Party to terminate this Agreement or to pursue the remedies of specific performance, injunctive relief or damages as set forth in this Agreement. Prior to termination of this Agreement, the non -defaulting Party exercising such right shall first provide the defaulting Party with written notice specifying such default and the actions needed to cure same, in reasonable detail. Upon receipt of said notice, the defaulting Party shall be provided thirty (30) day opportunity within which to cure such default. 10. Bankruptcy. In the event (a) an order or decree is entered appointing a receiver for Developer or its assets or (b) a petition is filed by Developer for relief under federal bankruptcy laws or any other similar law or statute of the United States, which action is not dismissed, vacated or discharged within sixty (60) days after the filing thereof, then City shall have the right to terminate immediately this Agreement. 11. No Liability or Monetary Remedy. Notwithstanding anything herein to the contrary, Developer and City, on behalf of themselves, and their respective successors and assigns, hereby agree that neither Party shall be liable to the other for any direct, indirect, special, punitive or consequential damages, including but not limited to, damages based on loss of service, revenues, profits or business opportunities, and hereby waive any and all claims and causes of action for the recovery of such direct, indirect, special, punitive or consequential damages. 12. Governing Law; Binding Effect. This Agreement and the construction, interpretation and enforcement thereof shall be construed in accordance with and governed by the laws of the State of Florida and shall be binding upon, inure to the benefit of and be enforceable by the Parties hereto and their respective successors in interest or title. 20230633529 Page 10 of 24 13. Venue. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, shall be Orange County, Florida. 14. Construction of Agreement. The fact that any one of the Parties to this Agreement shall have drafted or structured or shall be deemed to have drafted or structured this Agreement or any particular term or provision of this Agreement shall not be considered by any court or other tribunal in the construction or interpretation of this Agreement or any particular term or provision of this Agreement, either in favor or to the disadvantage of such Party. 15. Severability. If any of the terms, provisions, covenants or conditions set forth in this Agreement or the application thereof to any particular circumstance shall be held by any Court having jurisdiction to be illegal, invalid or unenforceable under applicable law, the remainder of this Agreement shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent otherwise permitted by law. 16. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be and be taken to be an original, and are collectively but one instrument. 17. Time of the Essence. Time, and timely performance, is of the essence of this Agreement and of the covenants and provisions hereunder. When a date upon which a specified event shall occur or be performed falls upon a weekend or legal holiday, the time allowed for the event or performance to occur shall be extended to 5:00 p.m. on the next succeeding business day. For purposes of this Agreement, a "business day" shall mean any weekday that the banks in the county in which the Property is located are open for business (thereby excluding Saturdays, Sundays and legal holidays). 18. Statutory Development Agreement. This Agreement is not a statutory development agreement pursuant to Chapter 163, Florida Statutes (Florida Local Government Development Agreement Act), and is being entered into by the City pursuant to the City's home rule authority. SIGNATURES TO FOLLOW 10 20230633529 Page 11 of 24 Witnesses: Printed Name: 1 1 ,11tQ y ; .s Printed Name: L_4eC <lvil ct.yr:s STATE OF FLORIDA COUNTY OF UAvrol) DEVELOPER: GS CROWN POINT OWNER, LLC, a Delaware limited liability company Name: X, ker- Le Cc - :an tr Title: V P e foregoing instrument was acknowledged before me this 13 day of 0C ivR FJZ- , 2023, by RKX--R Lk&iRoA)A- , as 1P of GS Crown Point Owner, LLC, a Delaware limited liability company, on behalf of the company. He/she appeared by (check one) physical appearance or online notarization, and (check one) P-is personally known to me or has produced as identification. Print Name: Notary Public My Commission Expires: 4111105- Commission Number: l-f 11333 ?- aQ NNotary Public State of FloridaSpencerMCarr y K r My Commission HH 113337 fij d{' Expires 04/04/2025 11 20230633529 Page 12 of 24 CITY: CITY OCOEE By: ` Rusty John on ayor t City I tNJerk Ah ribVed'#`s to Form: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 20 dayof AL,n-C , 2023, by as Cn aM o(2 of the City of Ocoee, Florida, a municip 1 corporation of the State of Florida, on behalf of the City of Ocoee, Florida. He/she appeared by (check one) *hysical appearance or online notarization, and (check one) K is personally known to me or has produced as identification. R.. „ ua1, y '' y OgpRYPUBz C1, il Print Name: MY Notary Public EXPIRES 312S2026 t My Commission Expires: 3-12.'2OZIo a O• .' OFCommission Number: n4q FL . 12 20230633529 Page 13 of 24 Exhibit "A" LEGAL DESCRIPTION The Land referred to herein below is situated in the County of Orange, State of Florida, and is described as follows: PARCEL 1 A portion of Section 6, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: BEGIN at the Southeast corner of Lot 1, Ocoee Crown Point PUD Phase 1, according to the plat thereof, as recorded in Plat Book 63, Pages 24 through 26, of the Public Records of Orange County, Florida, said point also lying on the North right of way line of West Orange Trail, per Official Records Book 5043, Page 2627, Public Records of Orange County, Florida; thence departing said North right of way line, and along the East and North lines of aforesaid Lot 1, the following eight (8) courses and distances: North 15°51'59" West, a distance of 46.09 feet to a point of curvature of a curve concave Easterly, having a radius of 230.00 feet and a central angle of 41 °07' 10"; thence Northerly along the arc of said curve a distance of 165.06 feet; thence North 25'15'11" East, a distance of 28.46 feet; thence North 64°44'49" West, a distance of 175.18 feet to a point of curvature of a curve concave Northeasterly, having a radius of 855.00 feet and a central angle of 15°15'38"; thence Northwesterly along the are of said curve a distance of 227.73 feet; thence North 49'29'11" West, a distance of 487.82 feet to a point of curvature of a curve concave Northeasterly, having a radius of 280.00 feet and a central angle of 23°04'36"; thence Northwesterly along the are of said curve a distance of 112.77 feet; thence North 26°24'35" West, a distance of 26.74 feet to the South right of way line of Ocoee Crown Point Parkway, per Plat Book 63, pages 24 through 26, of the Public Records of Orange County, Florida; thence departing aforesaid East and North lines of Lot 1, and along said South right of way line the following five (5) courses and distances: North 63'05'17" East, a distance of 60.00 feet to a point on a non -tangent curve concave Easterly, having a radius of 10.00 feet, a central angle of 68°17'57" and a chord bearing of North 07°14'15" East; thence from a tangent bearing of North 26°54'43" West, Northerly It. 92 feet along the arc of said curve to a point of reverse curvature of a curve concave Northwesterly, having a radius of 100.00 feet and a central angle of 28°29'41 "; thence Northeasterly along the arc of said curve a distance of 49.73 feet to a point of reverse curvature of a curve concave Southeasterly, having a radius of 10.00 feet and a central angle of 49°04'01"; thence Northeasterly along the arc of said curve a distance of 8.56 feet to a point of reverse curvature of a curve concave Northwesterly, having a radius of 1,730.00 feet and a central angle of 05°41'30"; thence Northeasterly along the arc of said curve a distance of 171.86 feet to the South line of Wetland 1 (Staten Branch), according to the Official Records Book 10450, Page 96, of the Public Records of Orange County, Florida; thence departing said South right of way line and along said South line of Wetland 1 (Staten Branch) the following twenty-two (22) courses and distances: South 61°38'55" East, a distance of 76.25 feet; thence South 81°34'00" East, a distance of 66.61 feet; thence South 44°57'55" East, a distance of 119.80 20230633529 Page 14 of 24 feet; thence South 36°27'55" East, a distance of 57.50 feet; thence South 42°47'18" East, a distance of 67.80 feet; thence South 49°12'45" East, a distance of 72.19 feet; thence South 32°14'46" East, a distance of 50.38 feet; thence South 31°26'04" East, a distance of 69.99 feet; thence South 75°16'42" East, a distance of 51.73 feet; thence South 46°41'54" East, a distance of 67.26 feet; thence South 66°23'09" East, a distance of 43.50 feet; thence South 67°46'36" East, a distance of 48.28 feet; thence South 72°24'39" East, a distance of 56.14 feet; thence South 85°26'41" East, a distance of 51.81 feet; thence North 82'19'12" East, a distance of 40.21 feet; thence South 84°45'44" East, a distance of 53.70 feet; thence South 87°14'35" East, a distance of 36.13 feet; thence South 80°04'10" East, a distance of 79.45 feet; thence South 84'1 F09" East, a distance of 33.89 feet; thence South 72°44'14" East, a distance of 47.40 feet; thence South 80°08'56" East, a distance of 59.73 feet; thence South 80°08'56" East, a distance of 74.39 feet to the West right of way line of County Road 437 (Ocoee -Apopka Road), per Orlando -Orange County Expressway Authority project number 75320-6460-602/603, also being a point on a non - tangent curve concave Easterly, having a radius of 2,351.97 feet, a central angle of 8'16'48" and a chord bearing of South 8°49'00" West; thence departing said South line of Wetland 1 (Staten Branch) from a tangent bearing South 12°57'24" West, Southerly 339.89 feet along the arc of said curve to the North right of way line of aforementioned West Orange Trail; thence departing said West right of way line, South 73°30'51" West, a distance of 535.21 feet along said North right of way line of West Orange Trail to the aforementioned East line of Lot 1, and the POINT OF BEGINNING. Containing 12.26 acres, more or less. AND 17Ia=a WJ A portion of Section 6, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCE at Southeast corner of Lot 1, Ocoee Crown Point PUD Phase 1, according to the plat thereof, as recorded in Plat Book 63, Pages 24 through 26, of the Public Records of Orange County, Florida; thence South 15°50'01" East, a distance of 3 9. 00 feet to the POINT OF BEGINNING, said point being on the South right of way line of West Orange Trail, a 39.00 foot right of way per Official Records Book 5043, page 2627; thence North 73°30'51" East, a distance of 521.07 feet along said South right of way line to a point on the West right of way line of County Road 437 (Ocoee -Apopka Road), per Orlando -Orange County Expressway Authority project number 75320-6460-602/603, and a non -tangent curve concave Easterly, having a radius of 2,351.97 feet, a central angle of 07°45'27" and a chord bearing of South 0091'57" East; thence from a tangent bearing of South 03°40'47" West, Southerly 318.45 feet along the arc of said curve and said West right of way line; thence departing said West right of way line, North 90°00'00" West, a distance of 452.37 feet; thence North 15°51'31" West, a distance of 177.07 feet to the aforementioned South right of way line of West Orange Trail, and the POINT OF BEGINNING. Containing 2.69 acres, more or less. 20230633529 Page 15 of 24 o C §C4AAAC gn ^np-xFA=oo y_ s nn ^C CC CCCCC m Ae -nF e5 c - m. Exhibit "B" Preliminary Site Plan r-------------- I I I\ I 1! I 1I I III I I P9.17% p /, "zr S3u1tS rr s p s.y ;. ' 6\ \ \ y2 i J— — — — — — J Vim= J a s q s` € 20230633529 Page 16 of 24 Exhibit "C" Impact Credit Form ASSIGNMENT OF RESERVED TRANSPORTATION CREDITS 11111MY 4-mew oco tiorida Date: The undersigned hereby assigns development of in transportation credits for use in connection with the Lot Number & Address) in Name of Development) By signing below the undersigned acknowledges that it is the owner and holder of the transportation credits and agrees that these assignments will reduce the reserved credit and account balance accordingly. The undersigned understands that (1) this assignment is subject to the terms and conditions of the underlying documents authorizing the assigned credits, and (2) any building permit must be issued in the name of the Assignee or an additional assignment may be required. Sincerely, Signature Title: STATE OF _ COUNTY OF Print Name Must match name in which credits are reserved) The foregoing instrument was acknowledged by me by means of online notarization this day of 20_by who is personally known to me or has produced and who did not take an oath. Signature of Notary Public physical presence or City of Ocoee • (407) 905-3100 • www.ocoee.org 1 North Bluford Avenue • Ocoee, Florida 34761 Seal) as identification 20230633529 Page 17 of 24 Transportation Impact Fee Credits Draw Form Wire Development - City of Ocoee DRAW DATE (MONTH) TOTAL,COST OF WNOR;K, COMPLETED DESCRIPTION OF= WORK SCHEDULED VALUE WORKCOMPLETED TOTAL - COMPLETED TO DATE. FROM PREVIOUS-- APPLICATIONS THIS PERIOD Village Center Drive TOTAL I $ I $ - Is I $ - BREAKDOWN OF-COST`CREDITS<+"-CASH DESCRIPTION OF- WORK TRANSPORTATION CREDITS CASH REIMBURSEMENT` TOTAL CREDITS AVAILABLE PREVIOUSLY USED CREDITS USED` , THIS PERIOD BALANCE OF CREDITS TOTAL CASH REIMBURSEMENT PREVIOUSLY REIMBURSED CASH USED THIS PERIOD BALANCE TO FINISH Village Center Drive TOTAL I $ - 20230633529 Page 18 of 24 Exhibit I'D" Location of Restricted Parking Spaces A 20230633529 Page 19 of 24 Exhibit "E" Stormwater Management Tie In Locations 20230633529 Page 20 of 24 EXH I BIT F Simon Tian V rU rd ' • `.`, r! ° !TIC . - ri' - ,• + lff. Bass tilt 1'1. it it rya tfr ' ii l w7 I 4--- l-!-i,-- i r j S III O .aJ _. -- - ` —__-4.__ .: T_,• - - — _ — ._. -- itii i i Ids `t N 20230633529 Page 21 of 24 Exhibit "G" Waiver Table See Attached] 21 20230633529 Page 22 of 24 Document Code Subject Ocoee Code Standard PUD Standard Proposed Standard Justification for Waiver Citation Maximum Building Height of Four Due to the mixed -use nature of the Building Stories. Four Story Buildings will exceed project, and varying building heights, the Placement / 0' side yards are permitted. 5' rear yard 45' in height due to the mixed -use increased height is necessary to include OCP PUD 2.1 Setbacks / N/A set back is permitted. Maximum building nature of the buildings where higher ceilings for commercial space on Building coverage 95%. Maximum building height commercial space occurs, however shall the first floor, in addition to the pitched Coverage 45, not exceed a Maximum Building Height roof design as approved in the of 60'. elevations. The project overall weighted average The inclusion of smaller units sizes will City of Multifamily All Multifamily dwelling units shall have a unit size will be greater than 650 Square allow for more options to meet the Ocoee Land Section 6- Developme minimum living area of six hundred fifty N/A Feet with no more than 15% of the needs ofthe local workforce, short term Developme 15 (E) nt Standards 650) square feet per unit overall units having less than 650 square stays, and keep the population within nt Code feet of living area, with a minimum area the City Limits. of four hundred fifty (450) square feet. There shall be a minimum separation of Building spacing to be designed in City of twenty (20) feet between all multifamily accordance with the building code and The intent is to create a development Ocoee Land Section 6- Multifamily Developme structures of two (2) stories or less and a N/A PUD Guidelines. Roof drains and with a mixed use, urban context which Developme 15 (K.3) minimum separation of thirty (30) feet drainage management will be accentuates connectivity among the nt Code nt Standards between all multi -family structures three implemented when buildings are spaced buildings and amenities. 3) stories or more closer than 25 feet. The public road will be built in City of In addition to the landscape provisions Developer may use the tree count as accordance with the approved plans by Ocoee Land Section 6 Multifamily contained in the Section 6-10 of this approved in the FSP, and shall not be less the City of Ocoee. Street trees will be Developmep 15 L Developme Code, street trees shall provided at a N/A than one 1 tree per two 2 attachedP () placed where they logically fit, given the nt Code nt Standards atrateofone (1) tree per attached multifamily units. coordination with other site work, and multifamily unit. underground utilities. Maintenance -free masonry screening walls on side or rear property lines may be required to buffer surrounding City of properties from adverse site conditions. Typical Rear Yard Fence Detail (p.17): Screening walls are not required unless The development will use a mixed -use Ocoee Land Section 6- Multifamily Wood fences shall not be permitted. No Acceptable Fence Materials: Grade A Red hiding specific hems such as trash corrals configuration to buffer surroundingfromDevelopmewallplacedonasideorrearlotlineshallorundesirableitems. Townhomes, may properties adverse site conditions. Developme 15 (M) nt Standards exceed six (6) feet in height. Landscaping or White Cedar and S. Yellow Pine or non utilize wood, PVC or aluminum picket Properties will encourage foot traffic and nt Code shall be provided in the form of hedge fading white PVC. fences as part of their rear yard. take advantage of view corridors. material or shrubs planted adjacent to both sides ofthe wall equal to twenty- five (25) percent of its length. Short-term rentals are expressly prohibited in multifamily developments This has already been approved in the City of where the multifamily units are under Short term stays shall be permitted to no PUD. The intent is to allow for a varied Ocoee Land Section 6- Multifamily the fee simple or condominium form of more than 25% of the overall units, and use ofthe multifamily units, including Developme 15 (P) Developme ownership. For purposes of this Section, N/A shall be managed by the approved short term stays for visitors to the nt Code nt Standards short term rentals" shall mean the property manager. neighboring attractions, as well as rental of a residential dwelling unit fora provide more flexible options for term of less than six (6) consecutive teachers at local schools. months. Apiolf 20230633529 Page 23 of 24 Document Code Subject Ocoee Code Standard PUD Standard Proposed Standard Justification for Waiver Citation Larger areas of glass may be utilized in A "punched" window expression is limited areas within the Village Center on To encourage a varying experience of a Building desirable. Large expanses of glass curtain the ground level, where Commercial uses mixed -use development from OCP PUD 2.4 Expression N/A walls are discouraged as being generally are differentiated from the multifamily commercial spaces to residential outside inconsistent with the Master Plan. residences to maximize the mixed -use of the Village Center. urban feel. Developer plans to use black, bronze or The finish of all free-standing fixtures, brushed aluminum that will tie into Style of supports and poles shall be colored existing fixtures and features throughout To encourage a creative community and OCP PUD 4.3.3 Fixtures and N/A black. Period -style fixtures within the the community for the internal site be mindful of architecture and product Light Poles traditional neighborhood area will utilize lighting. Street lights will be standard availability. a one or two -pole luminaire light fixture. fixtures, typically black as provided by Duke. Ocoee Code is overwritten by OCP PUD 3.3.1 Minimum or maximum parking Mixed use parking scenario is used toStandard requirements will not be established. promote an urban mixed -use To encourage a variety of uses within the OCP PUD + PUD 3.3.1 lots are part of the total parking environment, and minimum or maximum development, developer will utilize City of Off -Street GOO) Parking Commercial establishments not count which also Includes on -street parking requirements will not be multiple parking configurations and sizes, Ocoee Land City Code Parking otherwise otherwise classified: One (1} space for parallel parking/ Parking for the Village established. Certain retail spaces will be allowing for on street parallel and pull in Developme Section 6-4 Standards each two hundred (, square feet of will be evaluated in total, and will take designated in specific locations during spaces, off-street parking spaces and nt Code G) first floor gross area, plusplus one (1) space into consideration shared parking with normal business hours, and will be compact spaces, as well as handicap for each three hundred square feet other uses, such as the work force which shared with the multifamily uses after spaces. of floor area above the firrstst floor, floor, has mostly after-hours parking, hours. excluding all rooms used for storage. Ocoee Code is overwritten by OCP PUD Standard The Developer may use compact spaces, To encourage a variety of uses within the OCP PUD + PUD 3.3.1 H(1) Each off-street parking space shall to increase the parking density on the development, developer will utilize City of Off -Street include one hundred eighty (180) square 331 Minimum or maximum parking overall site. The minimum size of each multiple parking configurations and sizes, Ocoee Land City Code Parking feet in addition to space for access drives requirements will not be established. i spaceshall be nine (9) feet by eighteen allowing for on street parallel and pull in Developme Section 6-4 Standards and aisles. The minimum size of each 18) feet totaling one hundred sixty-two spaces, off-street parking spaces and nt Code H) space shall be nine (9) feet by twenty 162) square feet in addition to space for compact spaces, as well as handicap 20) feet. Aisles for two-way traffic in access drives and isles. spaces. parking lots shall be twenty-two (22) feet in width. No person shall undertake land clearing A tree save plan will be approved as part or the removal of any protected tree without first obtaining a permit from the of the final FSP Permit issuance; Given the existing site conditions of Building Department. In addition to however, tree saves shall not be required sloping land, and dense pine trees, the City of approval by the Building Official, the due to significant grading challenges on Developer will ensure preservation of Ocoee land Section 6- Landscaping permit must also be approved by the N/A the site. The developer shall not be the marked trees to save as p art of the Developme 10 ( B.2) Staff Forester. An application for land required to provide any additional FSP set. The significant amount of cut nt Code clearing or tree removal shall be made information, including an additional tree and fill taking place on the site will on forms provided by the Building survey, outside of the FSP set. This tract severely limit and tree saving. in the PD was originally planted pine, and Department and shall contain, at a does not require a tree survey. minimum, the following information Mp2d3 20230633529 Page 24 of 24 Document Code Subject Ocoee Code Standard PUD Standard Proposed Standard Justification for Waiver Citation All one-story and two-story multifamily structures shall provide a minimum Village Center Building Setbacks: City of Multifamily twenty -five-foot setback from all Front Setback -10 feet Ocoee Land Section 6- Developme boundaries of the development. Side Setback- 0 feet PUD Standard to prevail. N/A Developme 15 (K.1) nt Standards Structures in excess of two (2) stories Street Setback -10 feet nt Code should increase the setback to reflect the Rear Setback -10 feet additional structural height. The development is part of the Village Section 5 Residential Developer may use Design Standards Center, and not subject to the OCP PUD Entirety) Design Section 5 in its entirety: 5.1- 5.2 that are consistent with a Class - A mixed- Residential Design Standards as outline Standards use development. in Section 5. The Development Standards date back to Developer may use Design Standards 2004, and in many cases are not Village that are consistent with aClass - A mixed- applicable to current design trends and OCP PUD Section 6 Center Section 6 in its entirety: 6.1- 6.14 use development, and Section 6 as standards. The goal is to create timeless Entirety) Design applicable. Any inconsistencies will be architecture, that will enhance the sense Standards presented to the City and approved via of place within the Crown Point PUD in a the FSP plan and elevations. mixed -use format. Varied roof pitches will be permitted, as Developer may use a pitched roof as long as it fits in with the adjacent approved in the PSP Elevations. Extra To encourage a varying experience of a building's architectural style and should attention to the fa5ade has been placed mixed -use development from OCP PUD 6.7 Roof Pitch N/A be approved by the Crown Point on the pedestrian experience of the commercial spaces to residential outside Architectural Review Committee. Village Center where commercial spaces ofthe Village Center. Generally, however, steep, pitched roofs exist. are discouraged. If canopies are used, awning valance is Flat canopies should be dressed -up with optional for the Developer, however To encourage a modern, yet timeless OCP PUD 6.10 Canopies N/A 12-24 inch fabric awning valance so as to when used, canopies must remain design consistent with the aesthetic of increase visual appeal of the canopy. consistent throughout to maintain anthe surrounding buildings. aesthetic consistency with the overall architecture in the development.