HomeMy WebLinkAboutItem #14 West 50 Properties Development Agreement Amendment
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: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0840
TO:
The Honorable Mayor and City Commissioners of the City of Ocoee
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
November 14,2007
RE:
West 50 Commercial Subdivision - First Amendment to Annexation and
Development Agreement
ISSUE:
Whether the City Commission should approve the proposed First Amendment to
Annexation and Development Agreement.
DISCUSSION:
In connection with the approval of the Preliminary/Final Subdiyision Plan for West 50
Commercial Subdivision, the City and West 50 Properties (the "Developer") entered into an
Annexation and Development Agreement (the "Deyelopment Agreement"). The Development
Agreement required, among other things, that the Developer pay to the City the total sum of
$276,000.00 for traffic mitigation pUrposes (the "Traffic Mitigation Payment"). The Traffic
Mitigation Payment is payable in installments on a lot by lot basis prior to the issuance of a
building permit for each lot, as set forth on the Lot Allocation Schedule attached to the
Development Agreement. The proportionate share originally attributed to Lot 4 was based on
the Developer's assumption that a 250-room hotel would be constructed on Lot 4. It is now
anticipated, however, that a 100-room hotel will be constructed on Lot 4. The Developer has
requested that the City allow the Developer to reallocate the Traffic Mitigation Payment among
the project's four lots. The attached First Amendment to Annexation and Development
Agreement reallocates the proportionate share of the Traffic Mitigation Payment attributable to
each lot, however, it does not reduce the total amount of $276,000.00 required for the entire
project.
RECOMMENDATION:
Staff respectfully recommends that the City Commission approve the First Amendment
to Annexation and Development Agreement and authorize the execution thereof by the Mayor
and City Clerk.
Attachment
ORLA_613662.1
This instrument prepared by:
Paul E. Rosenthal, Esq.
Foley & Lardner, LLP
111 North Orange Ave., Ste.1800
P.O. Box 2193
Orlando, FL 32802-2193
407-423-7656
After recording return to:
Beth Eikenberry, City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT is entered into this _ day of , 2007 by and between the
CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"),
whose mailing address is 150 North Lakeshore Drive, Ocoee, FL 34761 and WEST 50
PROPERTIES, a Florida general partnership (hereinafter referred to as the "Owner"), whose
mailing address is 1411 Edgewater Drive, Suite 101, Orlando, FL 32804.
RECITALS
WHEREAS, Owner and City entered into that certain Annexation and Development
Agreement recorded on June 2, 2007 among the official records of Orange County, Florida in
OR Book 9290, Page 165 (the "Annexation and Development Agreement"), pursuant to which
Owner annexed certain property as defined therein (the ''Property'') into the corporate territorial
limits of the City; and,
WHEREAS, Section 7 of the Annexation and Development Agreement obligates Owner
to pay the City the sum of Two Hundred Seyenty-Six Thousand Dollars ($276,000.00) for off-
site transportation'mitigation (the "Traffic Mitigation Payment"); and,
1----
WHEREAS, the Armexation and Development Agreement further provides that the
Traffic Mitigation Payment will be allocated among the four lots that comprise the Property in
accordance with Exhibit "D" attached to the Armexation and Development Agreement; and,
WHEREAS, Owner's development plan for the Property originally contemplated a 250
room hotel to be constructed on Lot 4 but such plan has changed and it is now anticipated that a
100 room hotel shall be constructed on Lot 4; and,
WHEREAS, the Owner has requested that the City allow the Owner to reallocate the
Traffic Mitigation Payment among the four lots and the City has agreed to allow the requested
reallocation as hereafter provided; and,
NOW THEREFORE, in consideration of the above Recitals, the mutual covenants
hereafter set forth, and other good and valuable consideration the receipt and sufficiency of
which are aclmowledged by the parties, Owner and City agree as follows:
SECTION 1. RECITALS. The foregoing Recitals are true and correct and are hereby
incorporated by this reference.
SECTION 2. SUBSTITUTION OF EXHIBIT "D". The Annexation and
Development Agreement is hereby amended by deleting Exhibit "D" attached thereto and
substituting in its place Exhibit "D" attached hereto and incorporated by reference herein.
Except for the replacement of Exhibit ''D,'' the Annexation and Development Agreement shall
remain unamended and in full force and effect.
SECTION 3. EFFECTIVE DATE. This First Amendment to Annexation and
Deyelopment Agreement shall take effect on the last date it is executed by Owner or City.
SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, the City has caused this First Amendment to Annexation and
Development Agreement to be duly executed and made effective as of the Effective Date.
Signed, sealed and delivered "CITY"
in the presence of:
CITY OF OCOEE,
a Florida municipal corporation
By:
Signature
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Print/Type Name
Signature
Date:
(SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this _ day of , 2007.
By:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,_UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take aclmowledgements, personally appeared S. SCOTT .
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same on behalf of said municipality in the presence of two
subscribing witnesses freely and yoluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of .2007.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal):
My Commission Expires (ifnot legible on seal):
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
and made effective as of the Effective Date.
Signed, sealed and delivered
in the presence of:
"OWNER"
WEST 50 PROPERTIES
a Florida General Partnership
By:
Signature
Robert W. Hewitt, General Partner
Print/Type Name
Date:
Signature
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared ROBERT W. HEWITT as
General Partner of WEST 50 PROPERTIES, a Florida General P~ership, who [ ] is
personally known to me or [ ] produced as identification, and that he
acknowledged executing the foregoing instrument on behalf of said corporation, in the presence
of two subscribing witnesses, freely and voluntarily under authority duly vested in him.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of .2007.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal):
My Commission Expires (ifnot legible on seal):
ORLDOCS 11057707 1
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WEST 50 COMMERCIAL SUBDIVISION
Proportionate Share
. Allocation Table
Lot Proportionate 0/0 of
Number Share Total
1 $20,000 7.2%
2 $95,000 34.4%
3 $95,000 34.4%
4 $66,000 24%
Total $276,000.00 100.00/0
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