HomeMy WebLinkAboutItem 04 Approval of Access Easement Agreement
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: June 16, 2026
Item #: 4
Contact Name: Brett McFarlane Department Director: Nick Lepp
Contact Number: Ext. 7145 City Manager: Craig Shadrix
Subject: Approval of Access Easement Agreement with Silvestri Investments of Florida, Inc
for the Market Store at Prairie Lake. (Community Development Administrator McFarlane)
Background Summary:
V3 Capital Group, representing the owner of parcel ID 09-22-28-0000-00-060, has submitted a formal request
for an access easement across City-owned property (parcel ID 09-22-28-0000-00-056). The subject properties
are located in Commission District 4, north of A D Mims Road and east of Clarke Road. The attached image
illustrates the location of the Silvestri property, the City property, and the approximate placement of the
proposed easement (indicated by a red circle).
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
On April 22, 2025, V3 Capital Group, LLC, acting on behalf of Silvestri Investments of Florida, Inc., and City
staff held a formal pre-application meeting to discuss a proposed 7-Eleven convenience store with a gas
station and car wash on a 2-acre parcel located within the Prairie Lake PUD (Parcel ID 09-22-28-0000-00-
060).
On July 10, 2025, the City held a community informational meeting regarding the proposed 7-Eleven with
residents and V3 Capital Group LLC in attendance.
On July 16, 2025, City staff provided V3 Capital Group with a letter clarifying that the 2-acre parcel has a right
to direct access to Clarke Road. This letter was provided after consulting with the City Attorney and reviewing
the Agreement of Purchase and Sale between the City and Silvestri Investments of Florida. A copy of the letter
and Agreement of Purchase and Sale has been included with this report.
Section 2 of the Purchase and Sale Agreement states: "...the parties [Silvestri and the City] have agreed (i)
that the Retained Land will have frontage along and direct access to Clarke Road."
Since the initial submittal of the small-scale site plan application for the proposed 7-Eleven on November 11,
2025, City staff and representatives from V3 Capital Group have engaged in ongoing coordination regarding
the facilitation of access to Clarke Road for the subject property. With the majority of staff comments on the
site plan addressed, City staff are now presenting the proposed access easement for consideration and
approval by the City Commission. The alignment of the easement is designed to provide clear and safe
access for both the City-owned property and the proposed 7-Eleven development to Clarke Road. Additionally,
the developer has indicated that installation of a traffic signal at the intersection of Clarke Road and Ocoee
Vista Parkway would be beneficial to the project. City staff and the developer are collaboratively developing a
mutually agreeable plan regarding the timing and construction of the traffic signal in conjunction with the
proposed 7-Eleven development.
Issue:
Should the Honorable Mayor and City Commission approve the access agreement between the City of Ocoee
and Silvrestri Investments of Florida, Inc?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve the access agreement between
the City of Ocoee and Silvrestri Investments of Florida, Inc.
Attachments:
1. Access Agreement
2. MARKET STORE AT PRAIRIE LAKE - SITE PLAN
Financial Impacts:
N/A
Type of Item: Regular
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ACCESS AGREEMENT BETWEEN THE CITY OF OCOEE
AND SILVESTRI INVESTMENTS OF FLORIDA, INC
THIS AGREEMENT (“Agreement”) is entered into as of the day of , 2026, by and
between the CITY OF OCOEE, a Florida municipal corporation, whose address is 1 North
Bluford Avenue, Ocoee, Florida 34761 (“City”), and SILVESTRI INVESTMENTS OF
FLORIDA, INC., a Florida corporation, whose address is 1215 Gessner Houston, Texas 77055
(“SILVESTRI”). The City and SILVESTRI INVESTMENTS OF FLORIDA, INC. may each be
referred to individually as a “Party” or collectively as the “Parties.”
RECITALS
WHEREAS, the City owns certain property identified with Orange County, Florida Parcel
Identification Number 09-22-28-0000-00-056, (“City Property”) and directly north of that
property SILVESTRI INVESTMENTS OF FLORIDA, INC. owns certain property identified with
Orange County, Florida Parcel Identification Number 09-22-28-0000-00-060 (“Silvestri
Property”) (collectively referred to as the “Properties”);
WHEREAS, the Properties are both within the Prairie Lake Planned Unit Development
(“PUD)” and subject to the associated Development Agreement for the PUD dated as of June 18,
1991, made by and between SILVESTRI INVESTMENTS OF FLORIDA, INC., and the City;
WHEREAS, the City purchased the City Property from SILVESTRI through an
Agreement of Purchase and Sale dated September 5, 2006 (“Purchase and Sale Agreement”);
WHEREAS, Section 2 of the Purchase and Sale Agreement states that the Silvestri
Property was to have direct access to Clarke Road; and
WHEREAS, both Parties have a vested interest in ensuring that the Properties have access
to Clarke Road that adhere to applicable traffic and safety standards; and
WHEREAS, the Parties desire to construct a shared access drive benefitting the Properties
which shared access drive shall be located on portions of both the Silvestri Property and the City
Property.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Shared Access Easement. Both Parties hereby give, grant, and convey to the other
Party, its successors and assigns, a perpetual, non-exclusive shared access easement over, upon
and across the land legally described and depicted in Exhibit “A” attached hereto and incorporated
herein (“Shared Access Easement Land”) for the purposes of (i) vehicular and pedestrian ingress
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and egress to and from the Properties and Clarke Road, and (ii) constructing, laying, maintaining,
improving, repairing and replacing the Shared Access Easement Land. The easement rights
granted herein may be exercised and utilized by both Parties’ employees, citizens, agents,
licensees, contractors, engineers, consultants, tenants, invitees, guests, customers and patrons.
3. Construction of the Shared Access Driveway. The party that first begins to
develop its respective land (for purposes of this Section herein referred to as the “Developing
Party”) shall, at its sole cost and expense, in connection with the development of its property
design, engineer, permit and construct the driveway over the Shared Access Easement Land
(“Shared Access Driveway”). The design, engineering, permitting and construction of the Shared
Access Driveway shall be subject to the review and approval of the other party to this Agreement
(for purposes of this Section herein referred to as the “Non-developing Party”). To the extent
permitted by law, the Developing Party shall indemnify, defend and hold the Non-developing Party
harmless from any and all claims, demands, damage, suits, liabilities, actions and expenses,
including reasonable attorneys’ fees and costs, whatsoever incurred or suffered by the Non-
developing Party hereto arising out of or in any way related to the construction of the Shared
Access Driveway.
4. Maintenance of Shared Access Driveway. The Party that initially constructs the
Shared Access Driveway (the "Maintaining Party") shall be solely responsible, at its sole cost and
expense, for the maintenance and repair of the Shared Access Driveway until a Certificate of
Occupancy is issued for any structure constructed on the other property benefited by this
Agreement. From and after the issuance of such Certificate of Occupancy, the owner of such other
property shall be responsible for fifty percent (50%) of the reasonable costs to maintain and repair
the Shared Access Driveway. The Maintaining Party shall continue to perform such maintenance
and repair and shall keep the Shared Access Driveway in good condition and repair consistent with
applicable laws and good industry practice. The Maintaining Party shall invoice the other owner
for its fifty percent (50%) share, together with reasonable supporting documentation, and the
invoiced owner shall pay such share within thirty (30) days after receipt of the invoice. Any amount
not paid when due shall bear interest at the rate of eighteen percent (18%) per annum, or the highest
rate then permitted by law, whichever is less, until paid. Routine maintenance and repair shall not
require the consent of the other owner; provided, however, that any single capital repair or
replacement reasonably expected to exceed Ten Thousand Dollars ($10,000.00) shall require the
prior written approval of the non-performing owner, which approval shall not be unreasonably
withheld, conditioned or delayed. The Parties may, but shall not be required to, enter into and
record a further amendment to this Agreement detailing additional procedures for sharing and
billing costs for such maintenance and repair.
5. Restrictions on the Use of Shared Access Easement Driveway. The use of the
Shared Access Easement Driveway is expressly made subject to the following:
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a. No obstruction to vehicular and pedestrian traffic shall be erected or constructed on
Shared Access Easement Driveway.
b. Parking on the Shared Access Easement Driveway is prohibited.
c. Compliance with all applicable laws, rules, regulations and requirements of public
authorities with respect to the use and maintenance of the Shared Access Easement Driveway.
6. City Not a Developer. The Parties hereto acknowledge and agree that the City is
not a developer and has no present plans with respect to the development or use of the City
Property. Nothing contained herein shall in any way be construed to require that the City ever
develop the City Property.
7. Non-Waiver of Governmental Powers. Nothing contained herein shall be
construed as a waiver of or contract with respect to the regulatory and permitting authority of the
City as it now or hereafter exists under applicable laws, rules and regulations.
8. Binding Effect. This Agreement shall run with the City Property and Silvestri
Property and shall be binding upon and inure to the benefit of the City and SILVESTRI and their
respective successors and assigns. This Agreement shall be enforceable at law and in equity,
including but not limited to enforcement by action for specific performance. In the event of
litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs,
both at trial and appellate levels.
9. Further Assurances. Each of the parties hereto covenant and agree to execute and
deliver such other instruments and documents, and to do all matters and things, which may be
reasonable and necessary to carry out the intentions of this Agreement. Furthermore, within fifteen
(15) calendar days of receipt of written request from the other party, each party shall deliver a
certificate to the requesting party, stating, to the certifying party's actual knowledge as of the date
of the certificate, that the requesting party is not in default under this Agreement, or if the
requesting party is in default, stating the nature of such default. Such certificate shall not constitute
a waiver of any rights of the certifying party under this Agreement.
10. Termination. This Agreement may only be terminated by an instrument in writing
executed by the Parties and their successors and their respective mortgagees, if any; provided,
however, that if any mortgagee fails to respond within thirty (30) days of receipt of written notice
requesting consent to termination, such mortgagee's consent shall be deemed given.
11. Indemnification. The Parties and their successors to the extent permitted by law,
do hereby agree to indemnify and hold the other harmless from any and all claims, demands,
damage, suits, liabilities, actions and expenses including but not limited to costs and reasonable
attorneys’ fees arising out of or in any way related to their respective uses of Shared Access
Easement Driveway by them and their respective employees, agents, licensees, contractors,
engineers, consultants, tenants, invitees, guests, customers and patrons. Nothing herein shall be
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deemed a waiver of the City's sovereign immunity or the limitations set forth in Section 768.28,
Florida Statutes, as amended from time to time.
12. Applicable Law. This Agreement shall be construed in accordance with the laws
of the State of Florida. Venue for any action arising under this Agreement shall lie exclusively in
the state or federal courts located in Orange County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed in their names, by their proper officers, agents or representatives thereunto duly
authorized, as of the day and year first above written.
SIGNATURE PAGES TO FOLLOW
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SILVESTRI INVESTMENTS OF FLORIDA, INC,
a Florida corporation
By:______________________________
Name:____________________________
Title:_____________________________
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me of [ ] physical presence or
[ ] online notarization this _____ of ______, 2026, by _____________, as ________ of Silvestri
Investments of Florida, Inc., a Florida corporation, who
( ) is personally known to me;
( ) has produced a ______________ Driver’s License as identification; or
( ) has produced a ______________ as identification.
Notary Signature
Print Name:
Notary Public, State and County Aforesaid
My commission expires:
Commission Number:
(Notarial Seal)
6
CITY OF OCOEE SIGNATURE PAGE
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
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[INSERT EXHIBIT “A” HERE]
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GEN 2 CMU 4,852 SF
PROTOTYPE 9350 CST
BUFFER 10'SITE MEETS MINIMUM GREENSPACE
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CONTRACTOR TO REVIEW SITE, GRADING, AND UTILITY PLAN SHEETS FOR
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PROPOSED PARKING STRIPING, 4"
SOLID WHITE (TYP.)
PROPOSED STRIPING DOUBLE
YELLOW, 6" STRIPE 4" GAP SOLID
(TYP.)
RIGHT TURN ONLY SIGN UNDER
STOP SIGN R5-1R
PROPOSED ADA PARK STRIPING
AND UNIVERSAL SYMBOL
(FDOT INDEX 711-001)
SIGN ADA PARKING PER
REGULATORY REQUIREMENTS
SIGN "STOP", MUTCD R1-1 (30")
ONLY(FDOT INDEX 711-001)
SIGN "DO NOT ENTER"
MUTCD R5-1
SIGN: "PED XING", MUTCD W11A-2
TYPE "D" CURB (TYP.)
(FDOT INDEX 520-001)
ROLLED CURB AND GUTTER
SEE 7-ELEVEN DETAIL SHEET
SEVEN ELEVEN STANDARD
DETAILS
TYPE "F" CURB & GUTTER (TYP.)
(FDOT INDEX 520-001)
5 FT. CONCRETE SIDEWALK
(3,000 PSI)
BOLLARD: SEE 7-ELEVEN DETAIL
SHEET SEVEN ELEVEN STANDARD
DETAILS
PAVEMENT MARKING-ARROW
(TYPICAL)
(PER FDOT INDEX 711-001)
PAVEMENT MARKING-ENTRY
(TYPICAL)
(PER FDOT INDEX 711-001)
PAVEMENT MARKING-STOP
(TYPICAL)
(PER FDOT INDEX 711-001
PAVEMENT MARKING-STOP BAR
(TYPICAL) 24" SOLID WHITE
(PER FDOT INDEX 711-001)
PAVEMENT MARKING-CROSSWALK
(PER FDOT INDEX 711-001) 12"
SOLID WHITE
PROP. CLEANOUT (TYPICAL)
(SEE CONSTRUCTION DETAILS)
4 FT. CURB TRANSITION
PROP. GREASE TRAP (TYPICAL)
(SEE CONSTRUCTION DETAILS)
2" WATER METER W/2.0" BFP/RPZ
(SEE 18 - CITY OF OCOEE DETAILS)
1" RECLAIMED METER W/1.0"
BFP/RPZ (SEE 18 - CITY OF OCOEE
DETAILS)
AIR/VAC STATION
PROP. JUNCTION BOX (TYP.)
PROP. TYPE 9 CURB INLET (TYP.)
PROP. SINGLE WING CATCH BASIN
(TYP.)
PROP. TYPE C DITCH INLET (TYP.)
PROP. TYPE E DITCH INLET
W/CONCRETE COLLAR (TYP.)
PROP. MITERED END SECTION
(TYP.) (SEE CONSTRUCTION
DETAILS)
PROP. OUTFALL CONTROL
STRUCTURE
(SEE CONSTRUCTION DETAILS)
3 FT. WIDE FLUME W/ENERGY
DISSIPATION BLOCKS
UNDERGROUND TANK VENT: CFL
TRANSFORMER PAD LOCATION
(CONTRACTOR TO COORDINATE
W/UTILITY PROVIDER)
POWER POLE RELOCATION
(CONTRACTOR TO COORDINATE
W/UTILITY PROVIDER)
PROP. DUMPSTER ENCLOSURE:
DOORS TO HAVE A 12 FT. CLEAR
OPENING THAT SWING 180°
WITHOUT OBSTRUCTION.
PROP. MONUMENT IDENTIFICATION
SIGN: (PERMITTED UNDER
SEPARATE COVER)
KEYSTONE GRAVITY RETAINING
WALL SYSTEM (SEE DETAIL)
4' C.M.U. REINFORCED RETAINING
WALL (SEE DETAIL)
FENCE: 4' ALUM. PICKET RAIL
FENCE
SAFETY RAIL: SEE 7-ELEVEN
DETAIL SHEET SEVEN ELEVEN
STANDARD DETAILS
ADA RAMP CR-L W/DETECTABLE
WARNING (PER FDOT INDEX
522-002)
ADA RAMP CR-E W/DETECTABLE
WARNING (PER FDOT INDEX
522-002)
ADA RAMP CR-F W/DETECTABLE
WARNING (PER FDOT INDEX
522-002)
DETECTABLE WARNING (PER FDOT
INDEX 522-002 & SPECIFICATION
527)
EX. STORM INLET TO BE
RELOCATED. REFER TO
TURNLANE PLAN SHEET 9A.
PLACEMENT
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PHOTOMETRIC: LIGHT POLES
6.
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(START)
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(BACK)
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(25 FT. L.S.L.)
(25 FT. B.S.L.)(
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25
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ALL CURBING ONSITE TO BE TYPE 'D' CURB PER FDOT INDEX 520-001 UNLESS
INDICATED.
11.9'8.9'12.0'11.7'
7.6'
12.0'
R
5
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68.7'
R30
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R35.0'
R62.67'
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R57.67'
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BLDG SETBACK
CLARKE ROAD
BLDG SETBACK
BLDG SETBACK
BL
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4.
6
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ALL PAVEMENT MARKINGS
WITHIN RIGHT OF WAY TO
BE THERMOPLASTIC