HomeMy WebLinkAboutItem #03 Approval of Termination of Development Agreement - Family Dollar Store (Wurst Road)`` 'J
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AGENDA ITEM COVER SHEET
Meeting Date: 08/05/2014
Item #
Reviewed By:
Contact Name: Michael Rumer & Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Termination of Existing Development Agreement for Family Dollfir — Wurst Road
Commission District #1 — John Grogan
Background Summary:
The property containing the Family Dollar Store on Wurst Road is subject to a Developer's Agreement
(agreement) from August of 1987. The agreement stipulated that since the property is being annexed and
rezoned to a commercial use, the following provisions must be made during future site development:
1. One access cut to the property from Wurst Road shall be permitted with a perpetual access agreement
for the land locked property situated south (City property),
2. The owner agrees to hold harmless the City of Ocoee from any future claims due to the future
improvements,
3. The agreement is binding upon the owner or its successors,
4. The agreement shall be recorded at the Owner's expense, and
5. Upon satisfaction of the conditions, upon request, the City shall record a form acknowledging the
completion and /or satisfaction of the conditions contained herein.
Per the Family Dollar Store Small Scale Site Plan approved on March 3, 2014, the conditions of the agreement
have been met.
Issue:
Should the Honorable Mayor and City Commission terminate an existing Developer's Agreement for a property
which has satisfied the conditions contained in the agreement?
Recommendations
Staff recommends the Honorable Mayor and City Commissioners terminate the Developer's Agreement for the
subject property.
Attachments:
Developer's Agreement (1987)
Termination of Developer's Agreement Document
Financial Impact:
None
Type of Item: (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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
Rcec Fee $ THO \IA5 11, LOCKER,
Add flee S 3..- Orange County 2 $609530RANGE CO. FL.
Doe. Tax S Comptroller .04158-20M 09/30/87
lilt Tax
Total $ ^ )3y DepuI Clerk OR3924 Pc 1842
DEVELOPER'S AGREEMENT
(Case No. 02R -87)
DEVELOPER'S AGREEMENT, made this 5 day of
1987, by and between LINDY WADE RICH (hereinafter referred to
as "Owner ") and the CITY OF OCOEE, a municipal corporation
existing under the laws of the State of Florida (hereinafter
called the "City ").
WITNESSETH•
WHEREAS, Owner is the record titleholder of approximately
1.2 acres of land lying in the City of Ocoee located South of
Wurst Road at its intersection with Spring Lake Circle, said
Property being more particularly described in the attached
Exhibit "A" (the "Property ") and;
WHEREAS, by City Ordinance #941, dated the 7th day of April
1987, the City did annex the Property into the City limits
of Ocoee; and
WHEREAS, the City is presently contemplating the amendment
of its Comprehensive Plan to designate the use of the
Property for Commercial purposes and to amend its zoning
ordinance consistent with such land use designation; and
WHEREAS, in conjunction with said Comprehensive Plan
amendment and rezoning, the parties have agreed to certain
terms and conditions that will assist in regulating the
development and use of the Property for the mutual benefit of
the parties, adjacent landowners and the community in
general.
NOW, THEREFORE, in consideration of the premises and as a
means to implement the amendment of the City Comprehensive
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Plan and the rezoning of the Property to C -2, Community
Commercial District, the parties agree as follows:
1. One access cut from the Property to Wurst Road shall be
permitted at a point which does not conflict with existing
driveways or street intersections in the vicinity of the
Property. Appropriate turn lanes meeting City of Ocoee
Development Regulations shall be provided on Wurst Road to
permit adequate access to the Property. In order to permit
adequate access to the land - locked parcel situated South of
the Property, the Owner may be required to provide for a
private perpetual access easement complementary to the
approved site plan for the Property. Reasonable compensation
for said access easement as well as provisions of annual
maintenance fees shall be the subject of an agreement
between the respective property owners.
2. The Owner shall comply with all applicable State and
local ordinances and regulations in effect at the time of �,,
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development of the Property. The owner further agrees to C '
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hold harmless the City of Ocoee from and against any claims, u �s;i
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including, but not limited to, attorneys fees, costs and o Q LL
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damages incurred as a result of any such claim, that may z
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arise as a result of the Owner's negligent or willful
violation of said governmental regulations; provided,
however, the Owner shall, as a minimum, serve as co- counsel
to the City of Ocoee in its legal representation in the event
any such claim may arise. This provision shall only apply to
083924 PG 1843
3
actions filed within two (2) years from the completion of
construction of the improvement for which a claim may arise
or any separate claim not otherwise barred by an applicable
statute of limitations; and shall not apply to claims arising
as a result of the City's maintenance of or failure to
maintain any facilities within the Property.
3. This Agreement shall be binding upon the Owner, its
successors and assigns as owners of all or any portion of the
Property. The terms, conditions and restriction contained
herein shall be specifically enforceable by the successors or
assigns of the Owner or by the City of Ocoee.
4. This Agreement shall be recorded at the Owner's
:expense in the Public Records of Orange County, Florida, and
shall constitute a convenant running with the land. However,
nothing contained herein shall limit the right of the City to
prescribe other conditions on the development in accordance
with applicable City ordinances and land regulations in
effect at the time of development. For the purposes of this LLJ
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provision, "time of development" shall be defined as the time o �a
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when Final Engineering Plans for development of any portion w 0 o
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of the property are approved by the City. Qe 0
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5. Upon satisfaction of the conditions set forth herein, C z W
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the City shall, upon request by Owner or its successors,. U � O
execute a document in recordable form acknowledging the
completion and /or satisfaction of the conditions contained
herein. Recording of such a document in the Public Records
DR3924 PG 1844
4
of Orange County shall serve to cancel and terminate of
record this Agreement or any portion thereof, which shall
thereafter be of no further force or effect; provided,
however the provisions of paragraph 2 hereof shall survive
for the period set forth therein. Unless so cancelled, this
Agreement shall be perpetual in duration.
6. This Agreement and provisions contained herein shall be
controlled and interpreted in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the Owner has executed this Agreement
for the purpose stated herein on the day and year first above
written.
WITNESS OWNER: LINDY WADE R CH
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WITNESS
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WITNESS
O R 3924 PG 1845
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CITY OF OCOEE,
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Thomas R. Is n
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Mayor- Commissioner
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STATE OF FLORIDA
COUNTY OF ORANGE
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The foregoing instrument was acknowledged before me this ?� 0
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day of 1987 by LINDY WADE RICH.
-A I T LARGE
Vrlhilsslu, V EXi-iRES MAY 19, 1991
THROUGH ASHTON AGENCY, INC
My Commission Expires: NOTARY PUBLIC
The foregoing instrument was acknowledge before me this
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day of 1987 by Thomas R. Ison as Mayor—
Commissioner of the City of Ocoee, a municipal corporation.
Notary Public, state of Florida a t Large
My C Expires December 10, 1990
Bonded thru Agent's N o t ary rokerage 5�� ( / 1
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My Commission Expires: NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF ORANGE
DR3924 FIG 1 846
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EXHIBIT "A"
DEVELOPER'S AGREEMENT
(CASE NO. 02R -87)
the Southwest corner
1/4 of the SW 1/4
Township 22 South,
st, Orange County,
n thence North 00
long the West line of
d NW 1/4 of SW 1/4 a
355.43 feet to the
ight -of -way line of
thence run South 62
along the said
ight -of -way line a
163.56 feet, thence
aforesaid Southerly
line run South 00°
a distance of 272.52
South line of the
d NW 1/4 of SW 1/4,
orth 89 ° 35 1 47" West a
163.26 feet to the
nning.
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OR3924 PG 1847
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This Instrument Prepared By:
Vicki L. Berman, Esq.
DEAN, MEAD, EGERTON, BLOODWORTH,
CAPOUANO & BOZARTH, P.A.
Post Office Box 2346
Orlando, Florida 32802 -2346
(407) 841 -1200
TERMINATION OF DEVELOPER'S AGREEMENT
THIS TERMINATION OF DEVELOPER'S AGREEMENT ( "Termination ") is made
and entered into as of the day of , 2014, by and between SB OCOEE FDS,
LLC, a Florida limited liability company ( "Owner ") and THE CITY OF OCOEE, a municipal
corporation existing under the law of the State of Florida ( "City ").
RECITALS
A. Owner's predecessor and City entered into that certain Developer's Agreement
(Case No. 02R -87) dated as of August 4, 1987 and recorded in Official Records Book 3924,
Page 1842, Public Records of Orange County, Florida ( "Developer's Agreement ").
B. Paragraph 5 of the Developer's Agreement provides that, upon satisfaction of the
conditions set forth therein, the City shall execute a document in recordable form acknowledging
the completion and /or satisfaction of the conditions contained therein and the recordation thereof
shall serve to cancel and terminate of record the Developer's Agreement, which shall thereafter
be of no further force and effect, subject to the two (2) year period referred to in paragraph 2 of
the Developer's Agreement.
C. Owner has satisfied the conditions set forth herein and has requested that the City
execute and record this Termination.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree as follows:
1. Recitals; Defined Terms The recitals set forth hereinabove are true and correct
in all respects and are incorporated herein as fully as if set forth herein verbatim. Defined
(capitalized) terms shall have the meanings ascribed to them in the Developer's Agreement
unless otherwise defined herein.
2. Termination The Developer's Agreement is hereby terminated and of no further
force and effect, subject to the two (2) year period referred to in paragraph 2 of the Developer's
Agreement. At the request of Owner, the City shall confirm, the date of completion of
construction of the improvement for the purpose of confirming the expiration of the two (2) year
period referred to in paragraph 2 of the Developer's Agreement, such confirmation to be in
writing and in recordable form.
[Signatures on the Next Page]
01005306.2 5/14/2014
01068929.1 7/1/2014
IN WITNESS WHEREOF, the parties have caused this Termination to be executed and
delivered as of the date first above written.
WITNESSES: OWNER:
SB OCOEE FPDS, LLC, a Florida limited liability company
Signed:
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Print Na TJ� QV C,4 B
Carlos A. Barrios, Manager
Signed:
Print Name:
IL
Signed:,-- By:
Print Name Christopher J. Step ens, Manager
=d
Print Pr Name
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 acknowledgments, the foregoing instrument was acknowledged before me
by Carlos A. Barrios, as Manager of SB OCOEE FDS, LLC, a Florida limited liability company, freely and
voluntarily under authority duly vested in him by said company. He/she is y
persopall kn own o me or has
produced as identification.
WFrqS a h'C and State last aforesaid this - 2014.
$ . (h�n 'an offici j,seq! in t C a is day of �-
y ogi
Nowry P lie P
JULIA A. SHEPPERD
Nolay Public - State of ft"odWds
Typed, pfinted or stamped name of Notary Public = MY COMM. EX*n Feb 10, 2017
My Commission Expires: Commission # EE 872971 -
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 acknowledgments, the foregoing instrument was acknowledged before me
by Christopher J. Stephens, as Manager of SB OCOEE FDS, LLC, a Florida limitqd1jability company, freely
and voluntarily under authority duly vested in him by said company. He/she is personally knowpjD me or
has produced as identification.
WI TN 5 M y aid �qd official seal in the Q6'unty and State last aforesaid this day oi 2014. Is ,1; F f
Typed, printed or stamped I 6�
hjq of Notary Public
My Commission Expires: Y(- JULIA A.. SHEM
notary p Sigto of Flotids
ew ly Comm. Expires F 10. 2017
2 C
om mition # EE 872973
01005306.2 5/14/2014
01068929.1 7/1/2014
CITY:
WITNESSES:
Print Name:
CITY OF OCOEE,
a Florida municipal corporation
C
Mayor
City Clerk
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
.20
SHUFFIELD LOWMAN & WILSON, P.A.
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 20
UNDER AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared and
well 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 in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in
them by said municipality. They are personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this day of
,20
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):_
01005306.2 5/14/2014
01068929.1 7/1/2014