HomeMy WebLinkAboutItem #19 Approval of West 50 Commercial Subdivision - Third Amendment to the Development Agreementz3ol
tlorida
AGENDA ITEM COVER SHEET
Meeting Date: August 20, 2013
Contact Name:
Contact Number:
Item # 1 _
Reviewed By:
Mike Rumer� Department Director:
(407) 905 -3100 x 1018
City Manager:
Subject: West 50 Properties - Third Amendment to Annexation and Development Agreement /
Paws and Play — Lot 3
District #3 — Rusty Johnson
Background Summary:
In May 2007, the City Commission approved an Annexation and Development Agreement with West 50
Properties. The Agreement provides for certain permitted uses, granted various waivers and allocated
Traffic Mitigation Payments among the Lots.
Since the subject property is located within the City's Community Redevelopment Agency (CRA), City
staff worked with the applicant to plan a future list of uses that would enhance the CRA and not cause
visual blight. Uses that typically result in the outside storage of product such as boat sales,
manufactured homes, and motor vehicle sales were prohibited. Veterinary offices with kenneled
boarding facilities were prohibited as they typically use fenced outdoor runs for the turning out of pets.
Staff determined that this type of use will create issues with buffering and would be difficult in keeping
the architectural continuity desired for the project.
To date, there has not been any development on the West 50 project. Lot 1 has an approved site plan
for an indoor and outdoor storage facility called Stor Kwik. West 50 Properties has proposed an 11,000
square foot indoor kennel facility on Lot 3 called Paws and Play. Paws and Play will not contain outdoor
activities or operations used for pet activities. The architecture of the proposed Paws and Play is
designed to be architecturally cohesive with the Stor Kwik as required by code. The renderings of Stor
Kwik and Paws and Play are attached. In order to permit the Paws and Play to be located on Lot 3 of
West 50 properties, an amendment to the prohibited uses specified in Section 8 of the Annexation and
Development agreement is required.
Issue:
Should the City Commission approve the Third Amendment to Annexation and Development
Agreement with West 50 Properties in order to allow for an indoor kennel which is a use expressly
prohibited in Section 8 of the Annexation and Development agreement?
Recommendations
Staff recommends that the Honorable Mayor and City Commission approve the Third Amendment to
Annexation and Development Agreement with West 50 Properties which will allow for an indoor kennel
facility subject to prohibiting the kennel from operating any outdoor activities or operations.
Attachments:
Third Amendment to Annexation and Development Agreement
Paws and Play Color Elevation
Stor Kwik Color Elevation
Financial Impact: None
None
Type of Item: (please mark with an z')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
X Commission Approval
X Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
PREPARED BY AND RETURN TO:
Scott A. Cookson, Esq.
Shuffield, Lowman & Wilson, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
407 -581 -9800
For Recording Purposes Only
THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (this "Third Amendment ") is made and entered into as of the day of
, 2013 (the "Effective Date ") by and between WEST 50 PROPERTIES, a
Florida general partnership, whose mailing address is 1411 Edgewater Drive, Suite 101,
Orlando, Florida 34761 (the "Owner ") and the CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761 (hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, Owner and City previously entered into that certain Annexation and
Development Agreement dated May 15, 2007 as recorded on June 2, 2007 in Official
Records Book 9290, Page 165, Public Records of Orange County, Florida, as amended
by that certain First Amendment to Annexation and Development Agreement dated
November 7, 2007 and recorded December 27, 2007 in Official Records Book 9546,
Page 3184, Public Records of Orange County, Florida and as amended by that certain
Second Amendment to Annexation and Development Agreement dated May 19, 2009
and recorded in Official Records Book 9891, Page 6705, Public Records of Orange
County, Florida (the "Annexation and Development Agreement ", and
WHEREAS, Owner owns fee simple title to the real property described in the
Annexation and Development Agreement (the "Property "); and
WHEREAS, Section 8 of the Annexation and Development Agreement prohibits
veterinary hospitals and kennels on the Property; and
WHEREAS, the Owner has requested and the City has agreed to permit an
indoor kennel not greater in size than eleven thousand (11,000) square feet on Lot 3 of
the Property; and
WHEREAS, the City has determined that the execution of this Third Amendment
is essential to the public health, safety and welfare and the ability of the City to plan for
the development of the Property; and
WHEREAS, the City and Owner desire to execute this Third Amendment in order
to evidence their mutual agreement as to certain matters related to the development of
the Property.
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; Definitions The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein
shall be as defined or described in the Annexation and Development Agreement unless
otherwise indicated.
Section 2. Permitted Uses; Prohibited Uses Section 8 of the Development
Agreement is hereby revised to read as follows (Strikethroughs are deletions from
original text; double underlines are additions to original text):
PERMITTED USES; PROHIBITED USES As a material
inducement to the agreement of the City to annex Parcel 1, the Owner
agrees that the Property will be developed in accordance with those uses
permitted in Table 5 -1 of the City of Ocoee Land Development Code as
specified in the "C -3 ", General Commercial District, except for the
following uses which are expressly prohibited on the Property adult
entertainment establishment; automotive body repair; automobile parking
lot; automobile repair; automobile sales (new and used); automobile
service station; automotive wrecking or salvage yards; bus terminal;
equipment sales; furniture repair and upholstery; heating and air
conditioning sales and service with outside storage; heating, ventilating,
and /or plumbing supplies, sales and service; hospital; miniature golf
course /driving range; mobile home and travel trailer sales; monument
sales; motor vehicle wholesale; movie theater; pawn shop; pre- fabricated
house sales; printing, book binding, lithograph and publishing plants;
recreational vehicle park; sign painting shop; golf course /country club and
veterinary hospitals and kennels except that an indoor kennel not greater
than eleven thousand (11.000) square feet in size shall be permitted on
Lot 3 . The following uses will be permitted subject to the listed
conditions car wash (enclosed automated with full service detailing);
self- storage warehouse (climate controlled structure with architecturally
upgraded design); drive -in restaurant (but excluding those that would be
typically considered "fast- food" similar to McDonald's, Burger King,
Wendy's, Hardees, and Checkers).
2
Section 3. Ratification of Prior Agreements Except as amended hereby,
the Annexation and Development Agreement remains unchanged and in full force and
effect, and each of the parties hereto hereby ratifies and confirms the terms and
conditions of the Annexation and Development Agreement. All references herein to the
Annexation and Development Agreement shall refer to the Annexation and
Development Agreement as amended by this Third Amendment unless the text or
context indicates otherwise. In the event of any conflict between the Annexation and
Development Agreement and this Third Amendment, it is agreed that this Third
Amendment shall control.
Section 4. Covenant Running with the Land This Third Amendment 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 10. Recordation of Amendment The parties hereto agree that an
executed original of this Third Amendment shall be recorded by the City, at the Owner's
expense, in the Public Records of Orange County, Florida.
Section 11. Counterparts This Third Amendment 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 12. Effective Date This Third Amendment shall first be executed by
the Owner and submitted to the City for approval by the Ocoee City Commission. Upon
approval by the Ocoee City Commission, this Amendment shall be executed by the City.
The Effective Date of this Third Amendment shall be the later of the date of execution
by the City or Owner.
SIGNATURES TO FOLLOW
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to
be executed by their duly authorized elected officials, partners, and /or officers as of the
day and year first above written.
Signed, sealed and delivered OWNER:
in the presence of:
WEST 50 PROPERTIES,
a Florida general partnership
Print Name
By :_
Name:
Its:
(SEAL)
Print Name
STATE OF
COUNTY OF
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as the of West 50
Properties, a Florida General Partnership who [ ] is personally known to me or [1
produced as identification, and that he /she
acknowledged executing the same on behalf of said corporation and limited partnership
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 2013.
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):
4
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
CITY
CITY OF OCOEE, FLORIDA
M
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry , City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved as
to form and legality this day of
, 2013.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, 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, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of 2013.
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):
5
ts
- N
>4
o
I� �
'f
1 �� �Z _,
it t 6 J
'A t
7Z!
"Z �
k
CIS
Q
to
-
1
S
t
4
1