HomeMy WebLinkAboutItem #06 Annexation & Devel. Agmt for Ocoee Commons PUD - Waiving One-year Deadline
AGENDA ITEM COVER SHEET
Meeting Date: September 19, 2006
Item # Co
Contact Name:
Contact Number:
Russ Wagner
(407) 905-3157
Reviewed By:
Department Director: ~
City Manager: 1/
,
~
Subject: Annexation and Development Agreement for Ocoee Commons PUD - Waiving of One-
year Deadline
Background Summary:
The Annexation and Development Agreement for Ocoee Commons PUD was approved by the City Commission
on March 18, 2003.
Section 10, Road Impact Fees states, liThe Developer is obligated to construct certain improvements to
Blackwood Avenue in order to mitigate traffic impacts of the commercial and multi-family portions of the Property.
The Developer has agreed to .commence construction of the Blackwood Avenue improvements at the time of
development of the single-family portion of the Property. In consideration for the acceleration of construction of
the Blackwood Avenue improvements and provided that the improvements to Blackwood Avenue as set forth in
the Land Use Plan are commenced with the commencement of construction of the subdivision infrastructure for
the first to develop of Tract "A" or Tract liB" on the Land Use Plan and completed within one (1) year of
commencement, the Developer shall be entitled to receive City of Ocoee road impact fee credits in the amount of
$150,000.00 upon issuance of a Certificate of Completion for the Blackwood Avenue improvements.
The Developer, Ocoee Commons, LLC, applied for their building permits prior to having completed the road
improvements, and on May 17, 2005 paid Road Impact Fees of $235,315.41 to the City, which was $150,000.00
more than the $85,315.41 which they would have owed had they been able to apply for their credits at that time.
On September 21, 2004 the Developer commenced construction, and on August 10, 2006, the City issued the
Certificate of Completion, which exceeded the one-year deadline.
Ocoee Commons, LLC has requested that the City refund the $150,000.00, in accordance with the Development
Agreement.
Issue:
Should the Mayor and City Commissioners waive one-year deadline for the finishing of the road construction and
improvements at Ocoee Commons PUD?
Recommendations
Staff is in support of waiving the one-year deadline for finishing the road construction at Ocoee Commons PUD,
and refunding the $150,000.00 to Ocoee Commons, LLC, due to the cost being far less than had the City
contracted the work itself.
Attachments:
Letter from Tom Ustler requested repayment of $150,000.00 dated September 6, 2006
Letter of Completion for Ocoee Commons PUD dated August 10, 2006
Excepts from the Annexation and Development Agreement (Ocoee Commons PUD) dated April 15, 2003
Financial Impact:
$150,000.00 Road Impact Fee Credit
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 DeDt 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
O:\Staff Reports\2006\SSR06039 _RBW _ UstlerAgendaRefund_ CC.doc
2
TP
USTLER PROPERTIES, Inc.
236 Pasadena Place. Orlando. Florida 32803 . (407) 841-3266 . FAx (407) 649-9421
September 6, 2006
Russ Wagner
Director of Community Development
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
'j.n :"
Jtr
Re: Annexation and Development Agreement
Ocoee Commons PUD
OR Book 06936, Page 2697
Dear Russ,
The Ce11ificate of Completion for Ocoee Commons PUD was received on August 10,
2006, (copy attached).
In accordance with Section 10 of the Annexation and Development Agreement, the
improvements to Blackwood A venue have been completed as part of Ocoee Commons
PUD. Ocoee Commons, LLC, Developer, hereby request payment of the $150,000 for
impact fees in accordance with this agreement.
Please call me if you have any questions.
Sincerely,
Ocoee Commons, LLC
r ~!s-/~-
F. Thomas Ustler
Managing Member
cc/Bill Fagan
Mavor
S. Scott Vandergrift
Center of Good L .
<\.~e It'i~
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
Citv Manager
Robert Frank
August 10, 2006
Mr. Bill Fagan
W.W. Fagan & Co.
1152 Solana Avenue
Winter Park, Florida 32789
RE: Ocoee Commons PUD
Dear Mr. Fagan:
Your development, Ocoee Commons PUD, has been constructed in accordance with the plans
and changes as approved by the City of Ocoee and the City has received all documentation
required to final the project. This letter is your Certificate of Completion and the two-year
warranty for this project starts with the date of this letter.
The City will notify you when the inspections will be conducted prior to the two-year warranty
period's termination. Should there be any reason to contact you prior to that time, we will use
the above listed address.
Should you have any questions, please do not hesitate to contact this office.
Sincerely.
CITY of OfOEE / /l
ft~;-1 (, /;// Iv
David A. Wheeler, P .E.
City Engineer
Cc: Robert Frank, City Manager
Russ Wagner, Director of Community Development
Stephen Krug, Director of Public Works
Richard Firstner, Fire Chief
Ralph Jones, Chief Building Official
Charles Smith, Public Utility Director
City ofOcoee' 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100 . fax: (407) 656-8504 . www.cLocoee.fl.us
II1I UIIII ~111I1II1 ~llllllll m I gllllllllllll
Scott A. Cookson, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando. FL 32802-2193
(407) 423-7656
INSTR 20030303956
OR BK 06936 PG 2691
~~RTHA O. HAYNIE, CO~~PTROLLER
ORANGE COUNTY, FL
06/03/2003 03: 10: S2 P~\
REe FEE 109. ~O
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
RETURN TO:
For Recording Purposes Only
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905-3100
ANNEXATION AND DEVELOPMENT AGREEMENT
(OCOEE COMMONS PUD)
TIDS AN1\TEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into as of the 18th day of March, 2003 by and between USTLER/FAGAN,
INC., a Florida corporation, OCOEE COMMONS, LLC, a Florida limited liability company,
and BLACKWOOD/50, LLC, a Florida limited liability company, whose mailing address is 236
Pasadena Place, Orlando, Florida 32803 (hereinafter individually and collectively referred to as
the "Developer") 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 ,g ~ ~ E I H:
WHEREAS, RALPH C. KAZAROS, individually, ROBERT S. KAZAROS,
individually, ROBERT L. KAZAROS, as Trustee of the Credit Trust under the Will of Johns S.
Kazaros, deceased, LINDA K. DELOACH, not individually but solely as Trustee under the
provisions of an unrecorded Trust Agreement known as the Linda K. DeLoach Family Trust u1d1t
12/15/98, MARILYN K. INGLE, not individually but solely as Trustee under the provisions of
an unrecorded Trust Agreement known as the Marilyn K. Ingle Family Trust u/dlt 12/15/98,
LESLIE K. IDNSON, not individually but solely as Trustee under the provisions of an
unrecorded Trust Agreement known as the Leslie K. Hinson Family Trust u1d1t1 12/15/98 and
KAZAROS BROTHERS INVESTMENT CO., INC., a Florida corporation (hereinafter
collectively referred to as the "Owner") own fee simple title to certain lands located in Orange
County, Florida said lands being more particularly described in Exhibit I'AI' attached hereto and
by this reference made a part hereof (hereinafter referred to as the "Property"); and
006.277744.
INSTR 20030303956
OR BK 06936 PG 2702
entitled to any road impact fee credits or other compensation of any kind for, on account of, or
with respect to the required conveyance of the land.
C. Notwithstanding the conveyance of any land to the City, until such time as
the improvements contemplated for said land are commenced, the Developer shall be responsible
for the maintenance of the land.
D. In the event the City constructs, or causes to be constructed, any portion of
Tract "M" (Blackwood Avenue Tract), Tract "K" (60' Future Roadway Tract) or Tracts "Ll",
"L2" or "L3" (Montgomery Avenue Tracts) prior to the retention areas set forth on the Land Use
Plan being constructed, the Developer agrees to grant to the City a temporary stormwater
easement and temporary drainage easements as necessary over a mutually agreeable portion of
the Property until such time as the Property is developed and permanent retention areas are
constructed to handle the stormwater from the roads.
Section 9. Oranl!e Countv Easement. Developer and City hereby agree that the
City shall have no obligations with respect to the Easement attached to that certain Final
Judgment recorded in Official Records Book 3153, Page 2103, Public Records of Orange
County, Florida (the "Orange County Easement"); specifically, the City shall have no obligations
with respect to the maintenance or replacement of the existing culvert as provided for in the
Orange County Easement. In addition, Developer agrees not to release Orange County of Orange
County's obligations with respect to the Orange County Easement without first obtaining the
City's consent. At such time as Owner conveys the Property to Developer, Developer hereby
agrees to obtain an assignment of Owner's rights under the Orange County Easement from
Owner. At such time as Developer subsequently conveys the tracts subject to the Orange County
Easement to the City, Developer agrees to assign its rights under the Orange County Easement to
the City.
Section 10. Road Impact Fees. The Developer is obligated to construct certain
improvements to Blackwood Avenue in order to mitigate traffic impacts of the commercial and
multi-family portions of the Property. The Developer has agreed to commence construction of
the Blackwood Avenue improvements at the time of development of the single-family portion of
the Property. In consideration for the acceleration of construction of the Blackwood Avenue
improvements and provided that the improvements to Blackwood A venue as set forth in the Land
Use Plan are commenced with the commencement of construction of the subdivision
infrastructure for the first to develop of Tract "A" or Tract "B" on the Land Use Plan and
completed within one (1) year of commencement, the Developer shall be entitled to receive City
of Ocoee road impact fee credits in the amount of $ 150,000.00 upon issuance of a Certificate of
Completion for the Blackwood Avenue improvements.
Section 11. Consistencv with Comprehensive Plan. The City acknowledges that the
townhome portion of the Property is within an activity center which allows land designated as
commercial in the Comprehensive Plan and JP A Agreement to be developed as townhomes.
Section 12. Notice: Proper Form. Any notice delivered with respect to this
Agreement shall be in writing and be deemed to be delivered (whether or not actually received)
006.277744.
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