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HomeMy WebLinkAboutItem #09 Amendment to Declaration of Covenants, Conditions, and Restrictions for Ocoee Business Park\�Wi/ Ocoee ,o Meeting Date: July 7 2015 Item # Reviewed By: Contact Name: Scott A. Cookson, Department Director: City Attorney Contact Number: 407 -581 -9715 City Manager: Rob Subject: Amendment to Declaration of Covenants, Conditions, and Restrictions for Ocoee Business Park Background Summary: On April 22, 2005, the Declaration of Covenants, Conditions, and Restrictions (CCRs) for Ocoee Business Park were recorded in the Official Records of Orange County, Florida. Pursuant to Sections 12.5 and 13.1 of the CCRs, the City must consent to any changes to certain sections of the CCRs. Among the sections to which the City must consent to an amendment is section 3.3, Use Restriction and Rules, which presently allows for vehicles to be stored, placed, or warehoused on site when used to convey persons to and from the site. When left overnight, such vehicles must be stored within the interior of the Business Park and may not be visible from the streets, roadways, and walkways within the Business Park. In June 2015, the Owner submitted language to the City proposing to amend section 3.3 of the CCRs. The amendment would allow for the storage, placement, and warehousing of operational vehicles (defined to include trucks, trailers, vehicles, and personalty) at the site on a 24/7 basis, not just when used to convey persons to and from the site. However, the parking areas may not be used for the storage of vehicles that are not affiliated with a business at the site nor may they store inoperable vehicles on site. City staff evaluated the proposed amendments and, after some negotiations and revisions, believes the amendment is acceptable and consistent with the intended use of the site. Issue: Should the City Commission consent to the third amendment to the CCRs to allow for the 24/7 parking of commercial vehicles owned or in use by a tenant or occupant of the Business Park? Recommendations City Staff recommends that the City Commission consent to the proposed third amendment to the CCRs. Attachments: Consent and joinder and third amendment to the CCRs. (Forthcoming) Financial Impact: None. Type of Item: J J Public Hearing For Clerk's Dept Use ❑ ordinance First Reading ❑ Consent Agenda ❑ Ordinance First Reading [ J Public Hearing ❑ Resolution ❑ Regular Agenda [x] Commission Approval ❑ Discussion 8 Direction [ x ] Original Document/Contract Attached for Execution by City Clerk ❑ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Scott A. Cookson, Esq. ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A Prepared by and Retum to: JOHN KINGMAN KEATING, ESQUIRE KEATING & SCHLITT, P.A. TELEPHONE: 407.425.2907 ♦ FAcsIMILE: 407.425.6345 250 EAsT COLONIAL DRIVE, SurrE 300 ORLANDO, FLORIDA 32801 EMAIL: ikk@keatlaw.com RECORDING INFORMATION ABOVE THIS LINE TIMM AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OCOEE BUSINESS PARK THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OCOEE BUSINESS PARK (the "Third Amendment ") is made and executed this day of July, 2015, by Ocoee Business Park, LLC, a Florida limited liability company (the "Developer "), which hereby declares that the Property, described in Article Two of this Declaration, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, liens and matters set forth in that certain Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated January 11, 2005 (the "Declaration ") and recorded April 22, 2005 in Official Records Book 7931, Page 2676; and that certain Developer Consent and Amendment to the Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated March 30, 2007 (the "First Amendment ") and recorded April 4, 2007 in Official Records Book 9196, Page 2710; and that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated April 11, 2007 (the "Second Amendment ") and recorded April 13, 2007 in Official Records Book 9211, Page 1116, all in the Public Records of Orange County, Florida, as amended and modified by this Third Amendment. WITNESSETH: WHEREAS, the Developer, as the fee simple owner of the real property situated in Orange County, Florida, described as follows: OCOEE BUSINESS PARK, PHASE I, according to the plat thereof as recorded in Plat Book 60, Pages 137 and 138, in the public Records of Orange County, Florida, caused to be executed and recorded in the Public Records of Orange County the Declaration which provided for certain covenants, restrictions and conditions governing the ownership, use and possession of the commercial lots and other parcels of real property located within the Ocoee Business Park Development; WHEREAS, pursuant to Article XII of the Declaration the Developer has the authority to amend and modify the Declaration; and WHEREAS, the Developer desires to amend, modify and, as indicated herein, restate certain terms and conditions of the Declaration. NOW THEREFORE, pursuant to its authority as set forth in the Declaration, the Developer hereby amends, modifies and supplements the Declaration as follows: Section 1. Amendment to Section 3.3(b)(iv). Section 3.3(b)(iv) of the Declaration is hereby amended and restated in its entirety as follows: "Storage, placement or warehousing of automobiles, trucks, buses, trailers, mobile homes, recreational vehicles, or any other vehicles (or any such abandoned or non - working vehicles), except for those trucks, trailers and vehicles used by the Owner and /or its lessees, and their invitees, customers, employees and agents in connection with their respective primary business, which trucks, trailers, vehicles and personalty, whether loaded, unloaded and /or partially loaded, may remain in the parking areas at the Lot, twenty-four (24) hours per day, seven (7) days per week, if reasonably necessary for the operation of their respective primary business and so long as such trucks, trailers and vehicles are in good, working condition and are not in defective or unkempt physical appearance. In addition, non - inventory equipment, materials and other similar personalty in good working condition and not defective or having an unkempt physical appearance and reasonably necessary for the operation of or in connection with the respective business may temporarily remain in the parking areas of the Lot for a period of no more than thirty (30) days if the same cannot be stored within the improvements located on the Lot because the size or nature of such personalty makes it impossible or reasonably impractical to fit through the bay doors or otherwise be stored within the improvements. Notwithstanding anything contained herein this Declaration to the contrary, this Section 3.3(b)(iv) shall not be amended in any manner that would either effectively repeal the exception set forth herein or modify the exception in a manner adverse to Unit 2 of Ocoee Business Park Commercial Land Condominium pursuant to that certain Declaration of Condominium, as recorded in Official Records Book 9196, Page 275, as amended ( "Unit 2 "), without the express consent of the Owner of Unit 2; provided, any amendment of this Section 3.3(b)(iv) as it applies to parcels other than Unit 2 shall be allowed as otherwise provided in this Declaration, as amended. " Section 2. Amendment to Section 3.3(h). Section 3.3(h) of the Declaration is hereby amended and restated in its entirety as follows: "Storage of Equipment and Personal Property. All equipment, goods, vehicles and other tangible personal property the storage or placement of which are not otherwise prohibited by this Declaration or the Governing Documents, shall be stored or placed within the interior of any improvements located on any Lot or portion of the Subdivision and shall not be visible from the streets, roadways or walkways within the Subdivision, except for those trucks, trailers, vehicles and personalty specifically permitted to remain outside pursuant to Section 3.3(b)(iv) above. Nothing herein shall be construed as permitting the leasing, subleasing or use of the parking areas for the outside storage of equipment, goods, vehicles and other tangible personal property which are not affiliated with the primary business of such Owner and/or itslessees, and their invitees, customers, employees and agents in connection with their respective primary business. Notwithstanding anything contained herein this Declaration to the contrary, this Section 3.3(h) shall not be amended in any manner that would either effectively repeal the exception set forth herein or modify the exception in a manner adverse to Unit 2, without the express consent of the Owner of Unit 2; provided, any amendment of this Section 3.3(h) as it applies to parcels other than Unit 2 shall be allowed as otherwise provided in this Declaration, as amended. " Section 3. Reaffirmation. Except as modified and amended hereby, all other terms and conditions of the Declaration remain in full force and effect. All capitalized terms used in this Third Amendment and not otherwise defined herein shall have their same respective meanings as defined in the Declaration. [BALANCE OF PAGE P EN11ONALLY LEFT BLANK - SIGNATURE AND NOTARY CERTIFICATION ON FOLLOWING PAGE] -2- IN WITNESS WHEREOF, the Developer has executed this Third Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park as of the date first above written. WITNESSES: DEVELOPER OCOEE BUSINESS PARK, LLC, a Florida limited liability company WITNESS SIGNATURE WITNESS NAME PRINTED WITNESS SIGNATURE WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE i C. Bruce Gordy As its Manager I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, C. Bruce Gordy personally appeared before me, as Manager of Ocoee Business Park, LLC, a Florida limited liability company, and executed or acknowledged his /her /their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that C. Bruce Gordy, is /are the same person(s) either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him/her /them OR ❑ I have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature M-ACE norARY MAnE &SEAL BSEMTELV BELOW) -3- JOINDER AND CONSENT BY THE CITY OF OCOEE The City of Ocoee, Florida, a Florida municipal corporation (the "City of Ocoee "), with all requisite authority properly granted and given, hereby joins in and consents to this Third Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park, in accordance with Section 12.5 of the Declaration. Further, the City of Ocoee joins in, consents to and ratifies: (i) that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated April 11, 2007, and recorded April 13, 2007, in Official Records Book 9211, Page 1116, and (ii) that certain Developer Consent and Amendment to the Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated March 30, 2007 and recorded April 4, 2007 inOfficial Records Book 9196, Page 2710, all in the Public Records of Orange County, Florida. IN WITNESS WHEREOF, the City of Ocoee has caused these presents to be signed in its name by its proper authority this day of 12015. C1 N WITNESS SIGNATURE CITY OF OCOEE CITY OF OCOEE, FLORIDA, a Florida municipal corporation WITNESS NAME PRINTED By' NAME PRINTED: WITNESS SIGNATURE AS ITS: WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, personally appeared before me, as of the City of Ocoee, Florida, a Florida municipal corporation, and executed or acknowledged his /her /their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that , is /are the same person(s) either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him/her /them OR ❑ I have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature M-ACE PWARY NAME & MAL INAEMTELY BELOM -4- .u.. n-- 1. JOINDER AND CONSENT BY OCOEE BUSINESS PARK OWNERS' ASSOCIATION INC. a Florida not-for-profit corporation The Ocoee Business Park Owners' Association, Inc., a Florida not - for - profit corporation (both for itself and as a Lot Owner, the "OBPOA "), with all requisite authority properly granted and given, hereby joins in and consents to this Third Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park, in accordance with Section 12.5 of the Declaration. Further, the OBPOA joins in, consents to and ratifies: (i) that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated April 11, 2007, and recorded April 13, 2007, in Official Records Book 9211, Page 1116, and (ii) that certain Developer Consent and Amendment to the Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated March 30, 2007 and recorded April 4, 2007 in Official Records Book 9196, Page 2710, all in the Public Records of Orange County, Florida. The undersigned hereby also waives any required notice as a Lot Owner of this Third Amendment and as provided by Section 3.2 of the Declaration. IN WITNESS WHEREOF, the OBPOA has caused these presents to be signed in its name by its proper authority this day of , 2015. WITNESSES: OBPOA OCOEE BUSINESS PARK OWNERS' ASSOCIATION, INC., a Florida not - for - profit WITNESS SIGNATURE corporation WITNESS NAME PRINTED By: C. Bruce Gordy WITNESS SIGNATURE As its President WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, C. Bruce Gordy personally appeared before me, as President of Ocoee Business Park Owners' Association, Inc., a Florida not - for -profit corporation, and executed or acknowledged his /her /their previous execution of this instrument. I HEREBY FURTHER CERTIFY, that C. Bruce Gordy, is /are the same person(s) either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him/her /them OR ❑ I have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature (PLACE WEARY NAME &SEAL IMA¢OIATELY BELOW) -5- JOINDER AND CONSENT BY LOT OWNERS IN OCOEE BUSINESS PARK John Kingman Keating, as Trustee, ( "Keating, as Lot 1 Trustee "), John Kingman Keating, as Trustee, ( "Keating, as Condo Unit 1 Trustee "), John Kingman Keating, as Trustee, ( "Keating, as Condo Unit 3 Trustee ") and John Kingman Keating, as Trustee of the 547 Ocoee Business Parkway Trust Dated March 29, 2007 ( "Keating, as 547 OBP Trustee "), with all requisite authority properly granted and given, hereby joins in and consents to this Third Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park, in accordance with Section 12.5 of the Declaration. Further, Keating, as Lot 1 Trustee, as Condo Unit 1 Trustee, as Condo Unit 3 Trustee and as 547 OBP Trustee, joins in, consents to and ratifies: (i) that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated April 11, 2007, and recorded April 13, 2007, in Official Records Book 9211, Page 1116, and (ii) that certain Developer Consent and Amendment to the Declaration of Covenants, Conditions and Restrictions for Ocoee Business Park dated March 30, 2007 and recorded April 4, 2007 in Official Records Book 9196, Page 2710, all in the Public Records of Orange County, Florida. Further, the undersigned hereby waives any required notice as to this Third Amendment provided by Section 3.2 of the Declaration. IN WITNESS WHEREOF, the undersigned has caused these presents to be signed in his name by his proper authority this day of , 2015. WITNESSES: WITNESS SIGNATURE KEATING, AS LOT 1 TRUSTEE JOHN KINGMAN KEATING, AS TRUSTEE WITNESS NAME PRINTED John Kingman Keating, as Trustee WITNESS SIGNATURE WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, John Kingman Keating, personally appeared before me, as Trustee, and executed or acknowledged his previous execution of this instrument. I HEREBY FURTHER CERTIFY, that John Kingman Keating, as Trustee, is the same person either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him OR ❑ I have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature (RACE NOTARY MANE & SEAL 1"4EDIATELY BELOW) WITNESSES: WITNESS SIGNATURE WITNESS NAME PRINTED WITNESS SIGNATURE WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE KEATING, AS CONDO UNIT 1 TRUSTEE JOHN KINGMAN KEATING, AS TRUSTEE John Kingman Keating, as Trustee I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, John Kingman Keating, personally appeared before me, as Trustee, and executed or acknowledged his previous execution of this instrument. I HEREBY FURTHER CERTIFY, that John Kingman Keating, as Trustee, is the same person either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him OR ❑ 1 have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature (PLACE NOTARY NANE & SEAL D&EMTELY BELOW) WITNESSES: KEATING, AS CONDO UNIT 3 TRUSTEE JOHN KINGMAN KEATING, AS TRUSTEE WITNESS SIGNATURE WITNESS NAME PRINTED John Kingman Keating, as Trustee WITNESS SIGNATURE WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, John Kingman Keating, personally appeared before me, as Trustee, and executed or acknowledged his previous execution of this instrument. I HEREBY FURTHER CERTIFY, that John Kingman Keating, as Trustee, is the same person either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him OR ❑ 1 have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature M-ACE NOTARY NONE & SEAL INAEOIATELY BELOW) -7- WITNESSES: WITNESS SIGNATURE WITNESS NAME PRINTED WITNESS SIGNATURE WITNESS NAME PRINTED STATE OF FLORIDA COUNTY OF ORANGE KEATING, AS 547 OBP TRUSTEE (UNIT 2) JOHN KINGMAN KEATING, AS TRUSTEE OF THE 547 OCOEE BUSINESS PARKWAY TRUST DATED MARCH 29, 2007 John Kingman Keating, as Trustee I HEREBY CERTIFY, as an officer duly authorized to take acknowledgments and oaths in the State and County aforesaid, that at the execution of this instrument on the date set forth below, John Kingman Keating, personally appeared before me, as Trustee of the 547 Ocoee Business Parkway Trust dated March 29, 2007, and executed or acknowledged his previous execution of this instrument. I HEREBY FURTHER CERTIFY, that John Kingman Keating, as Trustee, is the same person either executing or acknowledging execution of the foregoing instrument because: ❑ I personally know him OR ❑ I have satisfactory evidence of same based upon a ❑ Florida driver's license or ❑ Other identification: . WITNESS my hand and official seal in the State and County aforesaid this day of 2015. Notary Public Signature (RACE NICARY NAME & SEAL R&EERAlELY BELOW) —8— rv..,w..-- .w..,..u--nu.. ----ca --l-