HomeMy WebLinkAboutItem #10 Hudson Furniture - Ocoee Expansion
AGENDA ITEM COVER SHEET
Meeting Date: April 4, 2006
Item # ---10
~Jc:
Contact Name:
Contact Number:
J. Antonio Fabre, AICP
905-3100 X1 019
Reviewed By:
Department Director:
City Manager:
Subject: Hudson Furniture at Ocoee Building Expansion - Preliminary/Final Site Plan
Background Summary:
The owner of Hudson Furniture has submitted a Preliminary/Final Site Plan for a two-story building
expansion to the existing furniture store. The subject property is approximately 1.67 acres in size and located
in the Lake Bennet Centre subdivision. More particularly, the site is situated on the northwest corner of
Kelton Avenue and State Road 50. The Site Plan will essentially allow for a building addition of 20,524
square feet to the existing 15,615 square feet building. This two-story commercial building will ultimately
consist of a total of 36,139 square feet of floor area with a 45+/- feet high tower design.
Issue:
Should the Honorable Mayor and City Commissioners approve the Preliminary/Final Site Plan for Hudson
Furniture?
Recommendations:
Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners approve the Preliminary/Final Site Plan for Hudson
Furniture at Ocoee date stamped received by the City on February 24, 2006, subject to the Owner entering
into a Development Agreement, providing a Restrictive Covenant and granting a Pedestrian, Sidewalk &
Bike Path Easement.
Attachments:
Location Map; Development Agreement; Declaration of Restrictive Covenant; Pedestrian, Sidewalk and Bike
Path Easement; Hudson Furniture at Ocoee Building Expansion - PSP/FSP date stamped February 24,
2006.
Financial Impact:
N/A
Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance Second Reading
D Resolution
1:8:1 Commission Approval
D Discussion & Direction
For Clerk's DeDf Use:
D Consent Agenda
1:8:1 Public Hearing
D Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
~ N/A
D N/A
City Manager
Ro bert Frank
Commissioners
Gary Hood. District 1
Scott Anderson, District 2
Rusty Johnson. District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
J. Antonio Fabre, AICP, Senior Planner (fif2>
Russ Wagner, AICP, Community Development Director @
FROM:
THROUGH:
DATE:
March 24, 2006
RE:
Hudson Furniture at Ocoee Building Expansion - Preliminary/Final Site Plan
Project # LS-2004-022
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Preliminary/Final Site Plan for
Hudson Furniture?
BACKGROUND:
The owner of Hudson Furniture has submitted a Preliminary/Final Site Plan for a two-story building
expansion to the existing furniture store. The subject property is approximately 1.67 acres in size and
located in the Lake Bennet Centre subdivision. More particularly, the site is situated on the northwest
corner of Kelton Avenue and State Road 50. The Site Plan will essentially allow for a building addition
of 20,524 square feet to the existing 15,615 square feet building. This two-story commercial building
will ultimately consist of a total of 36,139 square feet of floor area with a 45+/- feet high tower design.
The surrounding land to the north and east has been developed as part of the Lake Bennet Centre
commercial subdivision. The Lake Bennet Centre subdivision has a mixture of existing commercial
uses such as: financial institutions (SunTrust), auto tire store (Tires Plus), medical offices and
professional offices. Adjacent to the site on the north side is a corresponding master water retention
area for the entire subdivision. The western edge abuts a wetland area that is associated with Lake
Bennet, which already has a conservation and drainage easement dedicated to the City. Moreover,
the existing pedestrian, sidewalk and bike path easement will be expanded and dedicated on the
upland area along the wetland. To the south is the established Wal-Mart commerce center.
The Future Land Use designation for the site is "CommerciaL" The property is zoned Community
Commercial "C-2" which permits development and construction of the proposed land use. Therefore,
the requested use is consistent with directives of the Comprehensive Plan and Land Development
Code (LDC).
DISCUSSION:
The two-story furniture establishment will consist of a total of 36,139 square feet of floor area with a
45+/- feet high tower design. This building addition has resulted in a higher parking spaces requirement
per Code. The applicant has requested a waiver to provide a smaller amount of parking spaces based
on the existing parking demands for his existing furniture stores. Staff has agreed that the required
number of parking spaces may not be needed based on other similar past furniture store projects.
However, the applicant will still need to provide a restrictive covenant which would limit the permitted
use to a retail furniture store. In the event the City determines that the number of parking spaces for the
site is insufficient or if the site is no longer occupied as a retail furniture store, the City may require the
Owner to construct, at the Owner's sole cost and expense, a parking structure that facilitates all of the
require parking spaces per Code. This parking structure is depicted on the Preliminary/Final Site Plan
for your review and consideration.
The conditional waiver consists of the following deviation from LDC, Art. VI, Section 6-4, G, (6), (h):
. The applicant is proposing construction of 47 parking spaces instead of 181 parking spaces. The
Owner understands that this waiver will be revoked in the event (i) the City determines additional
parking is required for the Property, or (ii) the Property is no longer occupied as a retail furniture
store. A Parking Structure will be constructed in order to be consistent with the City's parking
requirements.
The applicant is also requesting the following waivers from LDC, Art. V, Table 5-2:
. Increasing the Maximum Building Height of 45 feet to 55 feet 6 inches, onlv if the parkino structure
is reauired;
. Increasing the Maximum Building Coverage of 30% to 35.82%;
. Increasing the Maximum Building Coverage of 30% to 61.58%, onlv if the parkino structure is
reauired.
Staff can support these waivers due in part to the off-setting public benefit of the pedestrian and bike
path easement being dedicated to the City.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 14, 2006 and reviewed the
Preliminary/Final Site Plan. There were only a few minor technical issues to be addressed from the City
Engineering Department that were discussed and resolved during the meeting. The applicants were
notified of the need to provide the executed Development Agreement, Declaration of Restrictive
Covenant, and the Pedestrian, Sidewalk and Bike Path Easement before the scheduled City
Commission meeting.
When the discussion was finished, the DRC voted unanimously to recommend approval of the
Preliminary/Final Site Plan date stamped "Received February 24, 2006" subject to the Owner entering
into a Development Agreement and a Restrictive Covenant.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On March 22, 2006, the Planning & Zoning Commission considered the proposed Preliminary/Final Site
Plan for Hudson Furniture at Ocoee. The City Staff and the Applicant of the project answered several
questions regarding parking ratios, drainage/flooding and site lighting. Discussion also ensued about
measures that will be taken to enforce the Development Agreement, which could ultimately cause the
construction of the parking structure. It was explained that this would be done by Code Enforcement
procedures. In addition, the P&Z Commission was concerned that if the parking demand would increase
slightly over the provided parking spaces, would the City still require that the owner construct the whole
5 level (181 parking spaces) parking structure or just a fraction thereof? It was explained that according
to the proposed Development Agreement this would trigger the construction of the parking structure;
however, the Development Agreement and/or the Restrictive Covenant can always be amended at the
City's sole discretion.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Hudson Furniture at Ocoee - Building Expansion Preliminary/Final Subdivision Plan, as
date stamped by the City "Received February 24, 2006," subject to the Owner entering into a
Development Agreement, a Restrictive Covenant and granting a Pedestrian, Sidewalk & Bike Path
Easement.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners approve the Preliminary/Final Site Plan for
Hudson Furniture at Ocoee date stamped received by the City on February 24, 2006, subject to the
Owner entering into a Development Agreement, providing a Restrictive Covenant and granting a
Pedestrian, Sidewalk & Bike Path Easement.
Attachments: Location Map;
Development Agreement;
Declaration of Restrictive Covenant;
Pedestrian, Sidewalk and Bike Path Easement;
Hudson Furniture at Ocoee Building Expansion - PSP/FSP date stamped February 24, 2006.
.
Hudson's Furniture at Ocoee--Building Expansion
Location Map
MAINE
SR50
LAKE BENNET
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LAKE L1LL Y
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Edward A. Storey III, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
For Recording Purposes Only
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
DEVELOPMENT AGREEMENT
(Hudson Furniture)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the -Kday of &b"'ct4~ ' 2005 by and between C. FRED HUDSON, III, TRUSTEE
OF THE C. FRED HUDSO , III DECLARATION OF TRUST DATED MAY 23,1990,
AS AMENDED AND RESTATED, whose mailing address is 3290 West S.R. 46, Sanford, FL
32771 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
Attention: City Manager (hereinafter referred to as the "City").
W! T N E ~ ~ E T H:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described as:
Lot 3, Lake Bennet Centre Lots 2, 3, 4 & 5 Rep1at, as recorded in
Plat Book 42, Pages 36 & 37 of the Public Records of Orange
County, Florida (hereinafter referred to as the "Property"); and
WHEREAS, the Owner has previously developed the Property as a retail furniture store
and intends to expand the furniture store not to exceed 36,139 square feet of gross leaseable area,
which would require, pursuant to the currently applicable codes and parking regulations of the
City, 181 parking spaces to be located on the Property;
WHEREAS, the Owner has demonstrated to the City that a 36,139 square foot retail
furniture store does not generate sufficient traffic, as of the date hereof, to warrant construction
of 181 parking spaces;
ORLA_371441.3
WHEREAS, the City has agreed to permit the expansion of the retail furniture store not
to exceed 36,139 square feet of gross leaseable area on the Property and grant a conditional
waiver of the parking requirements to require the construction of 47 parking spaces subject to the
Owner entering into this Agreement.
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.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2. Conditional Waiver. Owner understands that the City is granting Owner
a conditional waiver of Ocoee City Code Section 6-4 G(6)(h) to require the construction of 47
parking spaces instead of 181 parking spaces. The Owner understands that this waiver will be
revoked in the event (i) the City determines additional parking is required for the Property, or (ii)
the Property is no longer occupied as a retail furniture store.
Section 3.
Re-Development ofthe Property.
A. The Owner hereby agrees to re-develop the Property in accordance with that
certain Revised PreliminaryIFinal Large Scale Site Plan for Hudson Furniture at Ocoee Building
Expansion, date stamped as received by the City on , with such additional
revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City
of Ocoee meeting approving the same (hereinafter referred to as the "Site Plan"). The Site Plan
is hereby incorporated herein by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be re-developed in
accordance with and is made subject to those certain Conditions of Approval set forth in the Site
Plan. The Owner further agrees to comply with all of the terms and provisions of the
Conditions of Approval.
C. The Owner hereby agrees that, prior to or at the time of issuance of a building
permit for the development of the Property, it will pay full retail impact fees as required by the
City Code. The Owner hereby agrees that it will not submit an alternative impact fee calculation
in connection herewith.
D. In the event the City determines that the number of parking spaces for the
Property is insufficient or if the Property is no longer occupied as a retail furniture store, the
City shall provide written notice (the "Parking Structure Notice") to Owner requesting the
Owner to construct, and the Owner hereby agrees to construct, at Owner's sole cost and
expense, the parking structure depicted on Sheets SP-1 - SP-4 of the Site Plan (the "Parking
Structure"). Within ninety (90) days of receipt of the Parking Structure Notice, Owner shall
submit building plans to the City for the Parking Structure that are consistent with the Site Plan
(the "Building Plans"). The Parking Structure shall comply with all applicable City Code
requirements and will be constructed in accordance with the specifications set forth in the Site
ORLA_371441.3
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Plan and Building Plans. The Owner shall obtain all necessary permits and approvals for the
Parking Structure. The Owner agrees to commence construction of the Parking Structure within
sixty (60) days after the issuance by the City of a building permit. In any event, and
notwithstanding any other provision hereof to the contrary, Owner agrees that it will complete
construction of the Parking Structure within twelve (12) months of receipt of the Parking
Structure Notice.
E. Violation of this Agreement, including, but not limited to, the construction of
the Parking Structure as required in Section 3(C) above shall be deemed a violation of the
minimum parking space requirements of the City of Ocoee Code and shall be subject to
proceedings before the Ocoee Code Enforcement Board. In addition, this Agreement is
enforceable by the City through an action for specific performance. In the event the City brings
an action for specific performance against Owner, the City shall be entitled to recover its
reasonable attorneys' fees and costs incurred in connection therewith.
F. The Owner hereby agrees that the Property shall not be occupied for any
purpose other than a retail furniture store until such time as the Parking Structure is constructed
in the manner set forth in Section 3(C) above, and the Owner obtains a Certificate of
Completion, or its equivalent, and all other required governmental approvals, for such Parking
Structure.
Section 4. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered
to the other party at the address appearing on the first page of this Agreement, or (ii) when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the party at the address appearing on the first page of this Agreement, or such other
person or address as the party shall have specified by written notice to the other party delivered in
accordance herewith.
Section 5. Covenant Runninl! with the Land. This Agreement 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 6. Recordation of Al!reement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the Owner,
execute and deliver letters affirming the status of this Agreement.
Section 7. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 8. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
ORLA_371441.3
-3-
Section 9. A2reement: Amendment. This Agreement, along with the Site Plan,
constitutes the entire agreement between the parties, and supersedes all previous discussions,
understandings and agreements, with respect to the subject matter hereof. Amendments to and
waivers of the provisions of this Agreement shall be made by the parties only in writing by
formal amendment.
Section 10. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 11. Remedies: Specific Performance. Both the City and the Owner shall
have the right to enforce the terms and condition~ of this Agreement by an action for specific
performance. In addition, the City shall have such other remedies as are available existing at law
or in equity.
Section 12. Attornevs' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred
in connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 13. Counterparts. This Agreement 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 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
Section 16. Effective Date. The Effective Date of this Agreement shall be the day
this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this
Agreement.
ORLA_371441.3
-4-
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 in the
presence of:
i;- y. k~.'4
intNam $ L
C. Fre udson, , T stee of the C. Fre
Hudson, ill Declaratio of Trust dated May 23,
1990, as Amended and Restated
STATE OF FLORIDA
COUNTY OF .:5 E In J iJ tJ J-e-
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared C. Fred Hudson,
Trustee of the C. Fred HljJk6n, III Declaration of Trust dated May 23, 1990, as Amended and
Restated, who ~ is personally known to me or LJ produced
as identification, and that he acknowledged executing the
same 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 /5 rh
day of Pb"blLtI A-Ilf ,2005.
-
~4Mt/~~4av/
S' ature of Notary
m'~~"'fs.. JOANNE K. GRAVES .
! \ Notary Public. Staf8 of Florida
~. . ~ My CaM1issbn ElCpiesAug 2, 2000
~~~ CommIssion' DO 105552
~~ Bonded By National Notary Aasn. .
-
Name of Notary (Typed, Printed or Stamped)
-
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):
ORLA_371441.3
-5-
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of , 2005.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_371441.3
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2005
UNDER AGENDA ITEM NO.
-6-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer du1y 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 ,2005.
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):
ORLA_371441.3
-7-
Tms INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Edward A. Storey, III, Esq.
Foley & Lardner LLP
III N. Orange Avenue, Suite 1800
Orlando, Florida 32801
For Recording Purposes Only
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT ("Declaration") is made
and executed this ~ day of F.eJrtA ~~ ' 2005, by C. FRED HUDSON, III,
TRUSTEE, whose address is 3290 West S. .46, Sanford, FL 32771 ("Developer").
WITNESSETH:
WHEREAS, Developer is the owner in fee simple of that certain parcel of property
described in EXHIBIT A attached hereto and by this reference incorporated herein (the
"Property"); and
WHEREAS, Developer intends to develop the Property as a retail furniture store not to
exceed 36,139 square feet of gross leaseable area which would require, pursuant to the currently
applicable codes and parking regulations of the City of Ocoee ("City"), 181 parking spaces to be
located on the Property; and
WHEREAS, Developer has demonstrated to the City that a retail furniture store does not
generate sufficient traffic to warrant construction of 181 parking spaces on the Property; and
WHEREAS, the City has agreed to permit construction of a retail furniture store not to
exceed 36,139 square feet of gross 1easeable area on the Property and the construction of 47
parking spaces for customer and employee use thereon so long as the Property is used solely as a
retail furniture store; and
NOW, THEREFORE, in consideration of the covenants stated herein and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby
declares as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Definition. For the purposes of this Declaration, "retail furniture store" shall
mean a store for the retail sale of furniture with related home or office furnishing items, bedding
and flooring, including but not limited to carpeting and tile.
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3. Development of the Property. As agreed to by Developer, the Property shall be
developed and utilized by Developer for no other purpose other than as a retail furniture store
containing no more than 36,139 square feet of gross leaseable area with not less than 47 parking
spaces (of which at least 2 shall be handicap spaces) therein in accordance with the Revised
Large Scale Preliminary Site Plan for Hudson Furniture at Ocoee Building Expansion prepared
by Mitch Collins, P.E. as approved by the Ocoee City Commission on (the
"Final Site Plan").
4. Duration of Restrictions. The use restriction created herein shall expire upon the
earlier of (i) fifty (50) years from the date hereof; or (ii) the demolition and removal of the
building expansion constructed by Developer on the Property. The parking requirement waiver
approved as part of the Final Site Plan shall cease to apply to the Property in the event the
Property is not developed in accordance with the Final Site Plan and shall also cease to apply
upon the subsequent demolition and removal of the building expansion constructed by Developer
on the Property.
5. Bindinl!: Effect. The restrictions and obligations of this Declaration shall run with
the Property and be binding on the Property. Nothing herein shall be construed as a prohibition
on the sale or transfer of the Property so long as the subsequent use conforms with the provisions
of this Declaration.
6. Responsibility of Developer. The Developer has agreed to accept the Property
subject to this Declaration. In the event the Property is not developed in accordance with the
Final Site Plan, then the restrictions contained in this Declaration may be terminated by
Developer by recording a termination document in the Public Records of Orange County,
Florida, provided that the City executes a Joinder and Consent attached to the termination
document.
7. Governinl!: Law. This Declaration and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any
action arising hereunder shall be in the appropriate court having jurisdiction in Orange County,
Florida.
8. No Third Party Beneficiarv. Unless otherwise noted herein, the provisions of
this Declaration are for the exclusive benefit of the City and not for the benefit of any other third
party or property, nor shall this Declaration be deemed to have conferred any rights, express or
implied, upon any other third person or property.
9. Modifications: Amendments. This Declaration, along with the Final Site Plan,
constitutes the entire agreement between Developer and the City and supercedes all previous
discussions, understandings and agreements with respect to the subject matter hereof. This
Declaration may not be modified or amended without the approval of the City, which approval
may be granted or denied by the City using its sole, absolute and/or arbitrary discretion. The
decision of the City concerning whether or not to modify or amend this Declaration is final, not
subject to a quasi judicial proceeding, not subject to a fairly debatable standard and not subject to
an appeal. The approval by the City of a modification or amendment to this Declaration shall be
evidenced by a Joinder and Consent being attached to any such modification or amendment.
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10. Material Inducement. Developer hereby acknowledges that the execution and
recording of this Declaration is a material inducement for the City to approve the Final Site Plan
and, but for the execution and recording of this Declaration, the City would not approve the Final
Site Plan and the Parking Requirement Waiver contained therein.
11. Notices. All notices to be given pursuant to this Declaration shall be sent, by
United States certified mail, postage prepaid, or by a national overnight courier delivery service
maintaining receipt and delivery records, to the addresses set forth below and shall be deemed
given when post marked or deposited with such overnight courier service.
If to Developer:
C. Fred Hudson, III, Trustee
3290 W. S.R. 46
Sanford, FL 32771
If to City:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
Attn: City Manager
Any owner or subsequent owner of the Property shall provide written notice of its address or
change of address in accordance with the provisions hereof.
12. Recordation of Declaration. Developer agrees that an executed original of this
Declaration shall be recorded by the City, at Developer's expense, in the Public Records of
Orange County, Florida immediately following approval by the City of the Final Site Plan.
13. Attornevs' Fees. In the event an action is commenced by the City concerning the
enforcement or breach of any provision of this Declaration, the prevailing party in such action
shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and
costs incurred in connection therewith, at boiQ trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or not
such action is prosecuted to judgment.
14. Captions. Captions of the Sections and Subsections of this Declaration are for
convenience and reference only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions
of this Declaration.
15. Severability. If any word, sentence, phrase, paragraph, provision, or portion of
this Declaration is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof so long as the purpose
and intent of this Declaration can still be achieved.
.1
3
WITNESSES:
Signature: ~ -
Print Name: J i _
STATE OF FLORIDA
COUNTY OF 1ul111 AltJ/L
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State
and County aforesaid to take acknowledgements, personally appeared C. FRED HUDSON, III,
TRUSTEE and that he acknowledged executing the same in the presence of two subscribin~.
witnesses freely and voluntarily under authority duly vested in him by said corporation. He [~
personally known to me, or [ ] produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this /5 ~1y
of Ftd3/Lt1IJt-ll ,2005.
I
i m.llI. JOANNE K. GRAVES ~
l lO:; ~ Notary Public - Stala of Florida
S' . E My Commission Expires Aug 2, 200B
~ ~ Commluion" DO 105552
'#",jif,~Y Bonded By National NotaIy Aun.
~
.1
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal)
My Commission Expires (if not legible on seal)
4
EXHIBIT "A"
Lot 3, Lake Bennet Centre Lots 2, 3, 4 & 5 Replat, as Recorded in Plat Book 42, Pages 36 & 37
of the Public Records of Orange County, Florida.
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5
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Nicholas N, Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
For Recording Purposes Only
PEDESTRIAN. SIDEWALK AND BIKE PATH EASEMENT
THIS PEDESTRIAN, SIDEWALK AND BIKE PATH EASEMENT (this
"Easement") is made and entered into this ~ day of r~r.a..'i5 2006, by C. FRED
HUDSON, III, TRUSTEE OF THE C. FRED HUDSON, III, DE LARATION OF TRUST
DATED MAY 23,1999, AS AMENDED AND RESTATED whose address is 3290 West S.R.
46, Sanford, Florida 32771 (hereinafter referred to as the "Grantor"), for the benefit ofthe CITY
OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive,
Ocoee, Florida 34761 (hereinafter referred to as the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and the heirs, legal representatives and assigns of individuals,
and the successors and assigns of corporations, partnerships [including joint
ventures], public bodies and quasi-public bodies.)
W! TN E ~ ~ E T H:
WHEREAS, Grantor owns fee simple title to certain land located in the City of Ocoee,
Orange County, Florida, said land being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (hereinafter referred to as the "Easement Land");
and
WHEREAS, a 25' Pedestrian, Sidewalk and Bike Path Easement (the "Existing
Easement") contiguous to the Easement Land was dedicated to Grantee by virtue of that certain
Lake Bennet Centre Lot~ 2, 3, 4 & 5 Rep1at, recorded in Plat Book 42, Page 36 of the Public
Records of Orange County, Florida; and
WHEREAS, Grantee has requested that Grantor create an easement across the Easement
Land to be used in conjunction with the Existing Easement for the purpose of construction,
operation and maintenance of pedestrian, sidewalk and bike path facilities; and
WHEREAS, subject to the terms and conditions of this Easement, Grantor has agreed to
grant and convey to Grantee an easement across the Easement Land.
NOW, THEREFORE, in consideration of the covenants, promises, terms and conditions
set forth herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Grantor hereby agrees as follows:
Section 1.
reference.
The above recitals are true and correct and are incorporated herein by
Section 2. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a non-
exclusive perpetual easement over, under, upon and across the Easement Land for the purpose of
construction, operation and maintenance of pedestrian, sidewalk and bike path facilities, with full
authority to do (including, but not limited to, enter upon, excavate, construct, operate, repair, and
maintain) all things that Grantee and its assigns may deem necessary to accomplish same. In the
exercise of its rights hereunder the Grantee and its assigns shall have the right to clear and keep
all trees, undergrowth and other obstructions which may interfere with the Grantee's use of the
Easement Land out of and away from the Easement Land and the Grantor agrees not to build,
construct or create any buildings or other structures on the Easement Land that may interfere with
Grantee's use of the Easement Land for the purposes set forth herein. The easement rights
granted hereunder may, at the Grantee's option be exercised by the Grantee, it's employees,
agents, contractors, engineers and consultants.
Section 3. This Easement shall not be construed to grant the general public any rights
or privileges with respect to the use of the Easement Land, except as may be specifically
authorized by the Grantee in its sole discretion.
Section 4. Grantor warrants and represents that he owns fee simple title to the
Easement Land subject to matters of record and that Grantor has full power and authority to grant
this Easement as to the Easement Land.
Section 5. This Easement shall run with the Easement Land and shall be binding
upon and inure to the benefit of the Grantee, and their respective heirs, legal representatives,
successors and assigns.
Section 6. This Easement may be modified or amended only upon the mutual written
consent of the Grantee and Grantor, or their respective legal representatives, successors and
assigns.
[Siena/UTe Paees Followsl
-2-
IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed
as of the day and year first above written.
Pd:. ~
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Signed, sealed and delivered in the
presence of:
Print Name
STATE OF FLORIDA
COUNTYOF ..5EIJ1IIVtiL;;-
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared C. Fred Hudson,
Trustee of the C. Fred IiJxlson, III Declaration of Trust dated May 23, 1990, as Amended and
Restated, who ~ is personally known to me or LJ produced
as identification, and that he acknowledged executing the
same 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 /Sf-~
day of FEl3ltl /} 10/ ' 2006. .
9~u/{'Uf{AffU)--
'gnature of Notary
- -
......"'""-
tit JOANNE K. GRAVES
~ Notary Public - StBts of Florida
: . . % My Canmission Expires Aug 2, 200EI
\\..~I Commlllion' DO 105552
.~~. Bonded By National Notary Aasn.
-
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):
-3-
JOINDER AND CONSENT TO EASEMENT
The undersigned hereby certifies that, SUNTRUST BANK, having an office at
~ S. O'":tl." k"C>/'..[ cct- is the holder of the following mortgages, liens or other
encumbran es: ' .3~~o (
1. Mortgage executed by C. Fred Hudson, III, Trustee, in favor of SunTrust Bank, recorded
August 27, 1999, in Official Records Book 5826, Page 2388; as modified by Note and
Modification, recorded in Official Records Book 5838, Page 2893, all of the Public Records
of Orange County, Florida.
2. Mortgage executed by C. Fred Hudons, III, Trustee, in favor of SunTrust Bank., recorded
August December 27, 2002, in Official Records Book 6720, Page 1086 of the Public Records
of Orange County, Florida.
and that the undersigned hereby joins in and consents to the conditions and terms of the
foregoing Pedestrian, Sidewalk and Bike Path Easement (the "Easemnet") made by C. Fred
Hudson, III, Trustee of the C. Fred Hudson, III, Declaration of Trust Dated May 23, 1999, as
Amended and Restated for the benefit of the City Of Ocoee and agrees that the above-described
mortgages shall be subordinated to the Easement, and further consents to the recording of said
Easement in the Public Record of Orange County, Florida.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this ~ day of Fe fo...."'~ ' 2006.
Signed, sealed and delivered in the
presence of:
SUNTRUST BANK
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Print Name:
By:
Name:
Title:
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-4-
STATE OF ria r I do....
COUNTY OF ( )10__//1 J...{ J _
The fqregoing in~ep.t was acknowledged peforr. me tl;1is /6; day of fih(c..{c( (I '
2006, by VC1bO n 5. . t;\O.JlV):J , the ~1(~j/{..e~JldQ.r1f~SUNTRUST BANK,
on behalf of said company. He/sh~] is personally known to me, or [ ] produced
as identification.
(NOTARIAL SEAL)
.&&, f:, !() oxi1lf!mJ
Notary Publi1f . TIt (
Print Name: l1/o.J.\.f ~ }/):Jr\ :} 00
My Commission Expires: \ 2, \'=\) ) () 7
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-5-
SKETCH AND DESCRIPTION
A PORTION OF LOT 3 AND TRACT "A", LAKE BENNET CENTRE LOTS 2, 3, 4 & 5 REPLAT AS
RECORDED IN PLAT BOOK 42, PAGES 36 AND 37 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 3 LAKE BENNET CENTRE LOTS 2, 3, 4 &
5 REPLAT; THENCE S89'27'13"E, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF
136.06 FEET TO THE INTERSECTION OF THE SOUTH LINE OF LOT 3 AND THE EASTERLY LINE OF
THE 25 FOOT CITY OF OCOEE PEDESTRIAN, SIDEWALK & BIKEPATH EASEMENT AS SHOWN ON
THE RECORDED PLAT OF SAID LAKE BENNET CENTRE LOTS 2, 3, 4 & 5 REPLA T ALSO BEING
THE POINT OF BEGINNING; THENCE THE FOLLOWING COURSES AND DISTANCES ALONG SAID
EASTERLY LINE; N44'39'21"E, 99.42 FEET; THENCE N41'10'16"E, 146.22 FEET; THENCE
CONTINUE N41'10'16"E, 17.27 FEET; THENCE N31'30'07"E, 178.61 FEET TO THE NORTH LINE OF
SAID LOT 3; THENCE CONTINUE N31'30'07"E, DEPARTING SAID NORTH LINE, 29.27 FEET;
THENCE N24'09'15"E, 167.11 FEET; THENCE N05'54' 44"E, 78.28 FEET; THENCE N12'33'29"W,
54.21 FEET TO THE NORTH LINE OF AFORESAID TRACT" A", LAKE BENNET CENTRE LOTS 2, 3,
4 & 5 REPLAT; THENCE S89'27'13"E, DEPARTING SAID EASTERLY LINE, 31.91 FEET ALONG SAID
NORTH LINE OF TRACT "A"; THENCE S31'26'57"E, DEPARTING SAID NORTH LINE OF TRACT "A",
34.42 FEET; THENCE S12'37'12"W, 111.11 FEET; THENCE S16'23'38"W, 93.77 FEET; THENCE
S21'41'54"W, 86.74 FEET TO THE AFORESAID NORTH LINE OF LOT 3; THENCES20'09'53"W,
DEPARTING SAID NORTH LINE, 91.86 FEET; THENCE S2314'52"W, 97.75 FEET; THENCE
S44'36'56"W, 107.08 FEET; THENCE S62'00'40"W, 50.10 FEET; THENCE SOO'32'47"W, 71.08
FEET TO THE AFOREMENTIONED SOUTH LINE OF LOT 3; THENCE N89'27'13"W, ALONG SAID
SOUTH LINE, 127.48 FEET TO THE POINT OF BEGINNING.
NOTES:
THIS IS NOT A BOUNDARY SURVEY. NO CORNERS HAVE BEEN SET.
2. BEARINGS ARE BASED ON THE SOUTH LINE OF LOT 3. AS
PLA TIED.
3. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
PREPARED FOR: HUDSON'S FURNITURE
CUMMINS SURVEYING
AND MAPPING. INC.
2758 Susanday Drive
Orlando, Florida 32812
(407) 894-4254
e-mail: mc5592Cbellsouth.net
Certificate of Authorization LB 6983
/.1/1 / /? ~. :; .:.' I...t -../. ? - O. S-
f/f/.A/k/ ~.. --
MICHAEL D. CUM~JNS JR'. ,
. . \'
FLORIDA LICENSE NUMBER LS 5592
TECHNICIAN: MDC
ISSUE DATE: 11-17-05
PROJECT NO. 98040PEDEASE
SHEET No. 1 OF 2
SKETCH. AND DESCRIPTION
NORTH LINE TRACT "A"
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(BY PLAT)
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EASTERLY UNE (BY PLAT)
25' CITY Of OCOEE PEOESlR ,
SIDEWALK & BIKEPATH EA ENT
S89'27'13"E
SOUTH LINE LOT 3
136.06' N89'27'13"W
127.48'
POINT OF BEGINNING
POINT OF COMMENCEMENT
SOUTHWEST CORNER LOT 3
5T ATE ROAD #50
PREPARED FOR: HUDSON'S FURNITURE
CUMMINS SURVEYING
AND MAPPING, INC.
2758 Susanday Drive
Orlando, Florida 32812
(407) 894-4254
e-mail: mc5592Cbe/lsouth.net
Certificate of Authorization LB 6983
SCALE: 1" = 100'
ISSUE DATE: 11-17-05
S 31 '26'57" E
34.42'
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TECHNICIAN: MDC
PROJECT NO. 98040PEDEASE
SHEET No. 2 OF 2
Exhibit" A"
(Easement Land)
-6-
Copy of Public Hearing Advertisement
Date Published
G4 Orlando Sentinel
THURSDAY, MARCH 23, 200-
Advertisement
lAIltlE SCAlE
PRfUMlNAllY/RIW. W PWI
HUDSON FUllNlTIIIIE AT lICllEE -
BUILDING EllI'WlON
1$-2004-022
i NllUC.E.IS JiEllijlY liMN, pursu-
I ant to Section 4-3, l4.,,<~;
(b), Ocoee Land Develop-
ment Code, that on Tues-
dov, April 4, 2006, .ot 7:15
p.m., or as soanthereatter \
as pracllcal, the OCOEE CITY .
1 COMMlSSlOfl will hold a PUll- i
g~=ro~~~~~~Sf6 :
North Lakeshore Drive. I
Ocoee, Florida. to consider
Hudson Furniture at Ocoee
Building Expansion Large-
Scale Preliminary/Final
Site Plan, located on the
north west corner of Kelton
Avenue and State Road SO.
The Citv Commission will I
review and may make a de- '
cision concerning the pro-
posed Large-Scale Prelimi-
narv/Final Site Plan based
upon its conformance with
Ihe requirements of the
Ocoee Comprehensive Plan,
Land Development Code
and benefit to the public.
The complete case file. in-
cluding a complele legal de-
scription bv metes and
bounds, mav be inspected at
the Ocoee Cammunltv De-
velopment Department. 150
North Lakeshore Drive.
Ocoee, Florida, between the
hours of B:oo a.m. and 5:00
p.m.. Mondav through Fri-
day. except legal holidavs.
0.
The Citv Commission mav
continue the public hearings
to other dales and times, as
it deems necessary. Anv in-
terested party sholl be ad-
vised that the dates, times,
and places of any continua-
tion of these or continued
public hearings shall be an-
nounced during the hearings
and that no further notices
regarding these matters will
be published.
Interested .parties may ap-
pear at the public hearings
and be heard with respect to
the proposed Large-Scale
Preliminarv/Final Site Plan.
Anv person wishing to ap-!
peal anv decision made dur-
ing the public hearings will
need a record of the pro-
ceedings and for this pur-
pose mav need to ensure
that a verbatim record of
the proceedings is made
which includes the testimo-
nv d1ld evidence upon which
the appeal is based. Persons
with disabilities needing as-
sistance to participate in
anv of the proceedings
should contact the Citv
Clerk's Office 48 hours in
i advance of the meeting at
i (407) 905-3105
Beth E ickenberry.
Citv Clerk
OLS6684329 3123106